Agenda item
35 Cranbourne Street, WC2H 7AD
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6
(“The Committee”)
Thursday 7th April 2022
Membership: Councillor Murad Gassanly (Chairman)
Councillor Susie Burbridge and Councillor Maggie Carman
Officer Support: Legal Advisor: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Roxsana Haq
Present: Alun Thomas, Thomas and Thomas Solicitors on behalf of the applicant
Krystal Moore, Shaftsbury Covent Garden Limited (the applicant)
Dave Nevitt – Environmental Health Services
Karyn Abbott – Licensing Authority
Application for a New Premises Licence in respect of 35 Cranbourn Street, London WC2H 7AD – 22/00800/LIPN
FULL DECISION
Premises
35 Cranbourn Street,
London
WC2H 7AD
Applicant
Shaftsbury Covent Garden Limited
Cumulative Impact Area
West End
Ward
St James’s
Licensable Activities and Hours applied for
Sale of Alcohol ‘On’ and ‘Off’ the premises
Monday to Thursday 10.00 to 00.00 hours and
Friday and Saturday 10.00 – 00.30
Sundays 12.00 to 23.30 hours.
Non-standard timings
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday before Bank Holidays/Public Holidays until 01.00 hours.
Recorded Music (Indoors) and Late-Night Refreshment (Indoors)
Monday to Thursday 23.00 to 00.00 hours and
Friday and Saturday 23.00 – 00.30
Sundays 23.00 to 23.30 hours.
Non-standard timings
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday before Bank Holidays/Public Holidays until 01.00 hours.
Opening Hours of the Premises:
Monday to Thursday 10.00 to 00.30 hours and
Friday and Saturday 10.00 – 01.00
Sundays 12.00 to 00.00 hours.
Non-standard timings
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday before Bank Holidays/Public Holidays 12.00 until 01.00 hours.
Representations Received
· Environmental Health Service (Dave Nevitt)
· Licensing Authority (Karyn Abbott)
· Metropolitan Police (Withdrawn)
· 5 Local Residents
Summary of Objections
The Environmental Health Services state:
The hours requested are beyond Core Hours and will have the likely effect of causing an increase in Public Nuisance and may impact Public Safety within the CIZ
The Licensing Authority state:
The hours requested are beyond Core Hours and the premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1 and PB1. The proposed restaurant condition only applies after 21.00 and therefore prior to that time the premises is a bar.
The Residents states:
The premises will add to the cumulative impact of nuisance and crime and disorder as a result of other licensed premises in the area. There will be an increase in noise, traffic, waste collection and the application will affect public safety. The proposal will not promote the licensing objectives. The premises should remain a restaurant during the whole of trading hours.
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).
The premises intend to operate as a restaurant with external seating area within the premises demise to the front (Cranbourn Street) and to the rear (St Martin’s Court).
The premises is located within St James’s Ward and West End Cumulative Impact Area.
There is a resident count of 144.
Policy Considerations
CIP1
· It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises, and
music and dancing and similar entertainment.
Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.
HRS1
· Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
RNT1
Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or late-night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
DECISION AND REASONS
Roxsana Haq, Presenting Officer, summarised the application set out in the report before the Sub-Committee. She explained that the application was for a new Premises licence which sought to permit the sale of alcohol for consumption on and off the premises, late night refreshment, recorded music. She further advised that additional submissions had been received from the applicant which had been circulated to all the relevant parties before the Sub-Committee hearing and that there is already an existing Premises Licence in relation to this premises
Mr Thomas, Solicitor for the applicant outlined the application. He confirmed that the premises is located opposite Leicester Square tube station which would permit easy dispersal of customers. He explained that there is an existing premises licence which had been converted under the Licensing Act 2005. There is permission for unrestricted private entertainment for profit and unrestricted recorded music. There are also a limited number of conditions.
The Sub-Committee were informed that the application mirrors the times on the existing premises licence save for an extra 30 minutes on Fridays and Saturdays as these are the nights the night tube runs.
There has been consultation with the police and the EHO.
Mr Thomas highlighted to the Sub-Committee that the capacity of the whole premises is approximately 120. There is a restricted area, hatched black on the plans and the proposal is to have a capacity of 20 people in that area. Mr Thomas confirmed to the Sub-Committee that the applicant would be happy to have that stipulated on the premises licence as a condition.
Mr Thomas explained to the Sub-Committee that the landlords are a reputable and professional business. He went on to identify that the main issue for the objectors and for the Members to consider are the extension of 30 minutes on Fridays and Saturdays and sale of alcohol without food before 21:00.
The applicant realises a need in the West End to provide facilities for people to have a drink whilst they are shopping which is not a pub style operation. Policy RNT1B will be in force in the area hatched black after 2100 hours and RNT1B continues to apply to the remainder of the premises including the outside areas.
Mr Thomas made representations that Paragraph F98 and D13 is an exception to the usual CIP policies for applications where the terminal hour is no later than 21:00.
The application goes further than this, trade until 12.00 is ancillary to the primary use of the premises as a restaurant with a limited area to which this exception applies. It will have waiter/waitress service, it is limited in terms of the number of persons that can use it and the existing premises licence will be surrendered. It was submitted that this amounted to an exception as to why the Members could depart from their CIP1 policy.
Mr Nevitt confirmed to the Sub-Committee that the application was subject of pre consultation. Mr Nevitt explained that the premises have been empty for a while.
There are three reasons why he made a representation, namely despite the premises being located close to a tube station and bus stop, the application hours proposed are beyond Core Hours. Notwithstanding this, there have been applications granted for other restaurants in the area, all subject to suitable conditions.
The Environmental Health Services have concerns about bar use between the hours of 10:00 to 21:00. He stated that there is allowance for this in the policy, but it is a matter he should raise.
There were also concerns from residents, who live within the locality of the area but not directly opposite, which if raised during the course of the hearing, he would be able to address.
Karyn Abbott, Senior Licensing Officer, Informed the Sub-Committee that there was in effect, a 12 hour bar use at the proposed premises. Therefore, it was the Licencing Authority’s view that this operation fell under PB1 policy. As a result, the application time should be reduced to core hours. She continued by reiterating the contents of her written objections to the Members.
In response to the Sub-Committee's questions, the applicants’ representative explained that although customers could purchase additional quantities of alcohol prior to 2100 hours to consume after 21.00, the quality of operators engaged by Shaftesbury Covent Garden limited was very high and it is unlikely that this would be permitted to take place. The view from outside the premises would be of a restaurant style operation with tables ready for service. They also have a rear seating area which was historically available at the premises.
The Committee were informed that the applicant has not identified an operator for the premises as yet and therefore menus were not available.
Mr Thomas again confirmed that the restaurants conditions (MC6) would apply not only to the restaurant area but also to the outside areas throughout the trading period and the primary use of the premises would be as a restaurant.
Conclusion
The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, supplementary submissions made by the applicant, and the oral evidence given by all parties during the hearing in its determination of the matter.
The Sub-Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance, Westminster’s Licensing Policy and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.
In reaching its decision, the Sub-Committee took into consideration conditions agreed during the hearing.
The Sub-Committee was also of the opinion that the conditions imposed on the premises licence were proportionate and appropriate and would ensure that the four licensing objectives were promoted.
The applicant provided evidence of exceptional reasons why the Members could depart from Westminster’s’ CIP1 policy and the Sub-Committee recognised the applicant as a responsible landlord.
The grant of this application is unlikely to add to the cumulative impact in the area and the conditions address the Member’s concerns about the premises being in a cumulative impact area.
The Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives, to permit: -
1. Sale of Alcohol ‘On’ and ‘Off’ the premises
Monday to Thursday 10.00 to 00.00 hours and
Friday and Saturday 10.00 – 00.30
Sundays 12.00 to 23.30 hours.
Non-standard timings
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday before Bank Holidays/Public Holidays 12.00 until 01.00 hours.
2. Recorded Music (Indoors) and Late-Night Refreshment (Indoors)
Monday to Thursday 23.00 to 00.00 hours and
Friday and Saturday 23.00 – 00.30
Sundays 23.00 to 23.30 hours.
Non-standard timings
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday before Bank Holidays/Public Holidays 23.00 until 01.00 hours.
3. Opening Hours of the Premises:
Monday to Thursday 10.00 to 00.30 hours and
Friday and Saturday 10.00 – 01.00
Sundays 12.00 to 00.00 hours.
Non-standard timings
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday before Bank Holidays/Public Holidays 12.00 until 01.00 hours.
4. That the Premises Licence is subject to any relevant mandatory conditions.
5. The Premises Licence is subject to the plans lodged in support of this application.
6. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing
Conditions consistent with the operating schedule
9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
10. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
11. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
12. All outside tables and chairs shall be rendered unusable by 23:00 each day.
13. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
14. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
15. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day.
16. Save in accordance with condition 24 below, sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to, a take-away meal.
17. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) on the following day.
18. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
19. A record shall be kept detailing all refused sales of alcohol. The record must be completed within 24 hrs and should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
20. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received concerning crime and disorder
(d) any incidents of disorder
(e) all seizures of drugs or offensive weapons
(f) any faults in the CCTV system, searching equipment or scanning equipment
(g) any visit by a relevant authority or emergency service.
21. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
22. Save as provided by condition 23 below, the premises shall only operate as a restaurant
(i) in which customers are shown to their table or the customer will select a table themselves,
(ii) where the supply of alcohol is by waiter or waitress service only,
(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
(iv) which do not provide any take away service of food or drink for immediate consumption,
(v) which do not provide any take away service of food or drink after 23.00, and
(vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
For the purpose of this condition ‘Substantial Table Meal’ means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
23. a) Before 21:00, in the area hatched black on the licence plans submitted with the application (heard on the 7th April 2022), alcohol may only be sold to persons seated and served by waiter/waitress service.
b) Sale and consumption of alcohol, after 21.00, in the area hatched black on the plans submitted with the application (heard on the 7th April 2022), shall be subject to condition 22 above, namely Westminster’s Model Condition 66. (restaurant condition).
c) The maximum capacity of the area hatched black on the plans submitted with the application (heard on the 7th April 2022) shall be 20 persons excluding staff.
24. The sale and supply of alcohol for consumption off the premises shall be restricted alcohol consumed (i) at outside tables and chairs within the premises demise as shown on the licence plan; and/or (ii) by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway; and shall be by waiter or waitress service, served only to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal, save where condition 23 applies.
25. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
26. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
27. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
28. No licensable activities shall take place at the premises until premises licence 21/10737/LIPT (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
Conditions proposed by the Metropolitan Police and agreed with the applicant so as to form part of the operating schedule.
30. All staff at the premises shall receive Welfare And Vulnerability Engagement (WAVE) training, which shall be refreshed annually.
31. Staff will receive training in terrorism awareness and procedures adopted by the premises licence holder in the event of a terrorist attack at or in the immediate vicinity of the premises. Such training will be recorded and updated in line with best practice and a copy of the training will be made available to the Metropolitan Police on request. The premises licence holder?shall?ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package?or?can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months.
This is the Full Decision reached by the Licensing Sub-Committee.
This Decision takes immediate effect.
The Licensing Sub-Committee
7th April 2022.
Supporting documents:
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35 Cranbourn Street report_Redacted, item 1.
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