Agenda item
St George Market, 112 St Martin's Lane, WC2N 4BD
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 28 April 2022
Membership: Councillor Karen Scarborough (Chairman), Councillor Susie Burbridge and Councillor Maggie Carman
Officer Support Legal Advisor: Viviene Walker
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Emanuela Meloyan
Others present: Lisa Inzani (Poppleston Allen), Kerry McGowen (Poppleston Allen), Sarah Le Fevre (Barrister), Luca Centaro (DPS, Tocqueville Library Ltd) and Roxsana Haq (Licensing Authority)
Application for a New Premises Licence in respect of St George Market 112 St Martin’s Lane London WC2N 4BD 21/12679/LIPN
FULL DECISION
Premises
St George Market
112 St Martin’s Lane
London WC2N 4BD
Applicant
Tocqueville Library Ltd
Ward
St James’s
Cumulative Impact
West End
Special Consideration Zone
None
Activities and Hours applied for
Sale by Retail of Alcohol (On and Off Sales)
Monday to Thursday 10:00 to 00:00
Friday and Saturday 10:00 to 00:30
Sunday 12:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 12:00 hours to 23:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Late Night Refreshment (Indoors and Outdoors)
Monday to Thursday 23:00 to 00:00
Friday and Saturday 23:00 to 00:30
Sunday 23:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 23:00 hours to 00:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Provision of Films, Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description (Indoors)
Monday to Thursday 10:00 to 00:00
Friday and Saturday 10:00 to 00:30
Sunday 12:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 12:00 hours to 00:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Opening Hours
Monday to Thursday 07:00 to 00:00
Friday and Saturday 07:00 to 00:30
Sunday 07:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 08:00 hours to 00:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Summary of Application
The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to trade as a licensed Premises. The Premises have had the benefit of a Premises Licence since May 2015 which is attached at Appendix 2 of the report. The application was submitted following pre application advice from Westminster Environmental Health Consultation Team. A copy of the report appeared at Appendix 2. The Applicant would like the sale of alcohol to customers who are seated on ground floor to be ancillary to a full table meal after 21:00 hours Monday to Sunday except for 30 persons. The Premises are located within the St James’s Ward and the West End Cumulative Impact Area.
Representations Received
· Metropolitan Police Service (withdrew on 12 April 2022 following agreement of conditions with the Applicant).
· Covent Garden Community Association (withdrew on 12 April 2022 following agreement of conditions with the Applicant)
· Licensing Authority (Roxsana Haq)
Summary of Representation
· The Licensing Authority has concerns in relation to how the Premises would promote the Licensing Objectives as the Premises are in the West End Cumulative Impact Area and has requested hours beyond the Council’s Core Hour Policy.
Policy Position
CIP1
· Under Policy 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, other than applications to vary hours within the Core Hours under Policy HRS1. Applications for other licensable activities in the Cumulative Impact Zones will be subject to other policies and must demonstrate that they will not add to cumulative impact.
HRS1
- Under Policy HRS1, applications within the core hours 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 will be considered on their merits, subject to other relevant policies and with particular regard to the matters identified in Policy HRS1.
RNT1 (B)
- Under Policy RNT1(B), applications inside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1.
PRELIMINARY SESSION
The Sub-Committee received written submissions from the Applicant’s solicitor advising that the error in relation to the sale of alcohol hours on Thursday was clearly an ‘obvious and minor error’. The Sub-Committee gave the submissions careful consideration and agreed with the Applicant that in relation to paragraph 8.26 of the Home Office Guidance the application should not be returned, or the 28-day period should not be reset as the obvious and minor error can be rectified from the information already in the possession of the authority.
SUBMISSIONS AND REASONS
The Presenting Officer, Ms Emanuela Meloyan introduced the application and advised that the Premises intended to operate as a licensed Premises. She confirmed that representations had been received by the Metropolitan Police Service and by the Covent Garden Community Association who had both since withdrawn their representations as conditions had been agreed with the Applicant. She further confirmed that the Licensing Authority had maintained their representation as the application was for beyond core hours. She outlined that the Premises are located within the St James’s Ward and the West End Cumulative Impact Area.
Ms Sarah Le Fevre, Counsel appearing on behalf of the Applicant, outlined the application before the Sub-Committee. She gave a brief overview of the operation of the Premises which would trade as a high-end Italian style market/restaurant. She advised that to date £5 million had been invested into the Premises as it had been in a very dangerous condition when the licence holder had purchased it. She added that the licence holder had 15 years’ experience in the restaurant business. She explained that the primary use of the Premises was as a friendly community style restaurant.
Ms Le Fevre advised that the Premises had most recently operated as a hotel with a wide capacity for both hotel guests and members club. She explained that this application was for a first floor restaurant and ground floor bar use. She advised that there had been extensive pre application consultation process with Ian Watson, Environmental Health Service who had provided useful comments to the Applicant as well as input from the Police. She advised that all Interested Parties had withdrawn their representations against the application and emphasised the representation withdrawal by the Covent Garden Community Association who were now satisfied with the application.
Ms Le Fevre referred to the proposed operating hours of the Premises and advised that whilst still being outside of the Council’s Core Hours Policy, the hours were still within the hours that were generally associated with restaurant use. She confirmed that the Premises would have a full restaurant on the ground floor after 9pm except for the hatched crossed area on the Premises plan where 30 customers would be allowed to drink alcohol without a table meal. She emphasised that this bar area would be completely invisible to people walking pass the Premises. Ms Le Fevre then referred to the sample menus and the Premises’ Dispersal Policy attached to the report.
Ms Roxsana Haq, representing the Licensing Authority, advised that the Licensing Authority had maintained their representation because the Premises are situated in the West End CIA and the hours applied for were outside of the Council’s Core Hour Policy. She explained that the Licensing Authority had concerns regarding the 30 customers drinking without needing to purchase a meal on the ground floor and that the application must be considered under policy PB1 which has the presumption to refuse the application unless exceptional circumstances can be proven by the Applicant. She then outlined that the Licensing Authority noted that whilst the bar area was towards the rear of the Premises and not visible from the street it was still an additional 30 persons that could be potentially vertically drinking in the West End Cumulative Impact Zone. Ms Haq advised that the Licensing Authority was encouraged with the set of conditions agreed with all the interested Parties, however, she emphasised that Members must be satisfied that the Applicant has demonstrated that the Premises will not add to the cumulative impact area in accordance with the Council’s policies CIPI and PB1.
Mr Luca Centaro, Designated Premises Supervisor for Tocqueville Library Ltd, advised that customers could either be served drinks via table service or at the bar. He advised that they would not be serving spirits or cocktails. Ms Le Fevre explained that the idea was to have something a little more relaxed at the rear of the Premises to give the Premises an English pub feel to it. She then emphasised that the Interested Parties had not requested the Applicant condition these 30 customers.
Ms Le Fevre explained that the Premises already held a Premises Licence which would be surrendered if this application was granted. She explained that the exceptional circumstances of this application were that the Applicant was giving back 52% of the Premises area with the reduction in capacity allowed for vertical drinking decreasing from 300 customers to 30 customers. Ms Le Fevre advised that she had not taken instructions on take away. The Sub-Committee noted the type of beer on offer and that ‘nerds’ choice’ was a cool Italian beer.
Conclusion
The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers 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 and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.
The Sub-Committee took into consideration that the Metropolitan Police Service and the Covent Garden Community Association had withdrawn their representations after agreement with conditions with the Applicant. The Applicant had also provided exceptional circumstances as to why the new Premises Licence should be granted with the surrender of the current Premises Licence with a current capacity of 300 patrons allowed to vertically drink which would be reduced to 30 patrons.
In reaching its decision the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives. The Sub-Committee further concluded that the conditions attached to the licence would were appropriate and would also promote the licencing objective.
Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, 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 grant permission for the Provision of Films, Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description (Indoors) Monday to Thursday 10:00 to 00:00 hours Friday and Saturday 10:00 to 00:30 hours Sunday 12:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 12:00 hours to 00:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
- To grant permission for Late Night Refreshment (Indoors and Outdoors) Monday to Thursday 23:00 to 00:00 hours Friday and Saturday 23:00 to 00:30 hours Sunday 23:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 23:00 hours to 00:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
- To grant permission for the Sale by Retail of Alcohol (On and Off Sales) Monday to Thursday 10:00 to 00:00 hours Friday and Saturday 10:00 to 00:30 hours Sunday 12:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 12:00 hours to 23:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
- To grant permission for the Hours the Premises are Open to the Public
Monday to Thursday 07:00 to 00:00 hours Friday and Saturday 07:00 to 00:30 hours Sunday 07:00 to 23:30 hours.
Seasonal Variations: Sundays prior to a Bank Holiday Monday 08:00 hours to 00:30 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
- That the Licence is subject to any relevant mandatory conditions.
- 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 with the agreement of the Applicant
11. The premises shall only operate as a restaurant in the areas hatched on the licensing drawings for the first floor: -
(i) in which customers make their food and drinks orders at a counter to a member of staff or at a table offered by a member of staff
(ii) in which all meals and drinks will be consumed whilst customers are seated.
(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 using non disposable crockery (unless disposable crockery is specifically requested by the guest)
(iv) where intoxicating liquor shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of intoxicating liquor by such persons is ancillary to taking such meals.
12. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
13. There shall be no self-service of alcohol.
14. There shall be no takeaway of hot food and hot drinks after 23:00 hours.
15. 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 are open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance. 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.
16. 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 are 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.
17. A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport of proof of age card with the PASS Hologram.
18. 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, which will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received regarding crime disorder
(d) any incidents of disorder
(e) any faults in the CCTV system
(f) any refusal of the sale of alcohol
(g) any visit by a relevant authority or emergency service
19. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
20. The entrance door and all windows shall be kept closed after 23.00 hours except for the immediate access and egress of persons.
21. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of the local residents and businesses and leave the area quietly.
22. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the need of local residents and use the area quietly.
23. 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.
24. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel; at its junction with the kerb edge, is swept and or washed and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
25. No collection of waste or recycling materials (including bottle) from the premises shall take place between 23:00 and 07:00 hours on the following day.
26. No deliveries to the premises shall take place between 23:00 and 07:00 hours on the following day.
27. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
28. The Premises Licence Holder shall ensure that any patrons smoking outside the premises do so in an orderly manner so as to ensure that there is no public nuisance or obstruction of the public highway.
29. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
30. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
31. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
32. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
33. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
34. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
35. No licensable activities shall take place until the premises have 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.
36. 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. Such capacity shall not exceed 120 persons (excluding staff).
37. 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 the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
38. On Thursdays, Fridays and Saturdays there shall be a minimum of one SIA door supervisor on duty to manage the entrance, smokers, and assisting with dispersal. They shall display their SIA licence when on duty and wear a high visibility yellow jacket or tabard after 23:00 hours. All other times and numbers of security shall be risk assessed. This document shall be made available to the Responsible Authorities to view, upon request.
39. There shall be no off sale of alcohol after 23:00 hours.
40. All front of house staff shall be WAVE and Ask Angela trained. Periodic refresher training shall be provided, Training records shall be kept, made available to the Responsible Authorities to view, upon request.
41. There shall be a Personal Licence Holder on duty on the premises from 20:00 when the premises are authorised to sell alcohol.
42. There shall be a last entry time of midnight, except for persons temporarily leaving to smoke etc.
43. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area that shall be defined.
44. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a Police officer and/or an authorised officer of Westminster City Council.
45. The premises shall only operate as a restaurant in the areas on the ground floor from 21:00 hours Monday to Sunday:
(i) in which customers make their food and drinks orders at a counter to a member of staff or at a table offered by a member of staff
(ii) in which all meals and drinks will be consumed whilst customers are seated.
(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 using non disposable crockery (unless disposable crockery is specifically requested by the guest)
(iv) where intoxicating liquor shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of intoxicating liquor by such persons is ancillary to taking such meals.
Except for 30 persons in the area crosshatched on the ground floor.
46. No licensable activities shall take place at the premises until Premises Licence Number 21/07527/LIPVM has been surrendered.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
28 April 2022
Supporting documents:
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LSC Report - 112 St Martin's Lane (002)_Redacted, item 3.
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