Agenda item
Mr Foggs Apothecary, Basement, 34 Brook Street, Mayfair, W1K 5DN
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Wednesday 23rd June 2022
Membership: Councillor Angela Piddock (Chairman) and Councillor Tim Mitchell.
Officer Support Legal Advisor: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Karyn Abbott
Others present: Sarah Le Fevre, (Counsel) on behalf of Brook Street Bar Limited (Applicant).
For Brook Street Bar Limited:
Charlie Gilkes – Director
Duncan Stirling – Director
Ellie Kwong – Operations
Richard Vivian – Noise Consultant
Adrian Studd - Consultant
Maxwell Koduah – Environmental Health Officer (EHO)
Judy Kutter – Resident (Opposed)
Mike Dunn – Resident (Opposed)
Richard Brown (Solicitor, Westminster’s Citizens Advice) representing Judy Kutter
Application for a New Premises Licence in respect of
Mr Fogg’s Apothecary, Basement, 34 Brook Street, Mayfair, London W1K 5DN
Ref No: 22/02758/LIPN
FULL DECISION
Premises
Mr Fogg’s Apothecary,
34 Brook Street,
Mayfair,
London
W1K 5DN
Applicant
Brook Street Bar Limited
Ward
West End
Cumulative Impact
N/A
Special Consideration Zone
Activities and Hours applied for
Regulated Entertainment indoors (Films, Indoor sporting events, Live and recorded music.)
Mondays to Saturdays 07.00 to 01.30
Sundays 12.00 to 23.30
Late night refreshments (Both)
Mondays to Saturdays 23.00 to 01.30
Sundays 23.00 to 23.30
Sale by retail of alcohol [on and off sales]
Mondays to Saturdays 07.00 to 01.30
Sundays 12.00 to 23.30
Opening Hours
Mondays to Saturdays 07.00 to 02.00
Sundays 12.00 to 00.00
All licensable activities and opening hours from the start of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate the premises as part of the Mr Fogg’s brand of themed licensed establishments.
Representations Received
· Maxwell Koduah - Environmental Health Service
· 2 Local Resident (opposing)
· 3 Local Residents (supporting)
Summary of Representations
· THE EHO states that as presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area
· Three supporting resident’s representations states the operation is a benefit to the area, and unlikely to cause a nuisance to the area. It’s well lit operation and door staff will deter crime and disorder and the operators are experience and respected.
· The two objecting resident’s concerns are that the Premises will cause public nuisance as a result of the longer hours requested. The premises licence should be restricted to Westminster’s Core Hours. There will be disturbance to residents living in the area from taxis and car use and customers dispersing at closing times.
Policy Position
HRS1
· Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.
PB1
· Applications outside the West End Cumulative Zone will generally be granted subject to:
The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
The hours for licensable activities being within the council’s Core Hours Policy HRS1.
The application and operation of the venue meet the definition of a Public House or Bar in Clause D.
D. For the purposes of this policy a Public House or Bar is defined as a premises, or part of a premises that’s primary use is the sale or supply of alcohol for consumption on those premises and/or for consumption off the premises for consumption outside the venue.
SUBMISSIONS AND REASONS
1. The Presenting Officer, Ms Karyn Abbott introduced the application and advised that the application was for a new Premises Licence for a themed bar.
2. Sarah Le Fevre, Counsel appearing on behalf of the Applicant, addressed the Committee and directed them initially to page 18 of the committee papers which detailed the Applicant’s biography, identified awards they had received and confirmed the Applicant's commitment to trading in London. They have provided jobs and apprentice schemes to encourage employment.
3. Counsel added that the Applicants have the written support of residents, businesses, and landlords and that they had operated a number of their Premises Licences without issues.
4. The Committee was further informed that there were two expert reports in the committee papers which came to the common conclusion that should the application be granted, there was no risks of a negative effect on the licencing objectives.
5. Counsel confirmed that there is an existing premises licence, but this application is to extend the trading hours beyond the existing core hours. Should this application be granted then the existing Premises Licence will be surrendered.
6. The Committee were advised of key points in support of the application. In summary these were the quality of the operation, a capacity figure of 270 substantially seated customers, 70% of customers having pre booked, a last entry time of midnight, the licensed area being located in the basement which minimised noise escape, good public transport away from the premises, the restriction of off sales to 23:00 hours and engagement with local residents.
7. In response to questions from the Committee the Applicant confirmed that food would always be available at the premises, and this was a proposed condition on the licence. They also accepted capacity of 270 but stated that this capacity would very rarely be deployed at the premises.
8. The Applicants stated to the Committee that members of the public would not be admitted on the premises between the hours of 07:00 and 09:00. There is also a ‘no admittance condition’ agreed, which they would not want to apply to smokers or people using their phones as they wanted some flexibility. Notwithstanding this, the total amount of patrons making calls and smoking in the outside areas has been limited to 10 people.
9. Mr Gilkes on behalf of the Applicant, emphasised to the Committee that he would be happy to set up a WhatsApp group to regularly liaise with residents. Furthermore, although they have not requested a condition requiring door staff at the premises, they would be happy to commit to having door staff at the premises between the hours of 18:00 until close on Thursday Fridays and Saturdays.
10. Ellie Kwong, on behalf of the Applicant advised the Committee that dispersal was by way of a staggered approach. The lights inside the premises would be switched on and the music volume decreased to give customers time to call taxis and prepare to leave. Customers would be expected to wait inside the premises for taxis to prevent loitering outside.
11. The EHO addressed the Committee and stated that the new conditions on the proposed process premises licence was much improved. The Applicant have an existing dispersal and outside smoking policy, and this would mitigate public nuisance.
12. The Committee were advised by the EHO that the Applicant have applied for hours access of Core Hours and he would expect the dispersal policy to be updated to take this into account. Mr Koduah confirmed that he had visited the premises and he is confident that the premises is acoustically sound and will not cause noise escape. He concluded that by having a last admission condition and systems to manage the conduct of patrons when they leave, he is confident that the Applicant can mitigate any potential public nuisance.
13. Mrs Kuttner directed the Committee to Mr Brown's submissions starting at page 5 of the additional committee papers. She confirmed to the Committee that she lived on Brook Street 46 years.
14. Mrs Kuttner confirmed that she has no reason to believe Mr Fogg would not be well managed. However, it was her concerns that the later hours would cause nuisance to residents living in the area. She specifically highlighted to the Committee that people talking on phones or cab drivers waiting in the area, would be heard above the quiet ambient noise levels after midnight.
15. Mrs Kuttner also made reference to the experts reports which relates to tests and observations made at an earlier time than the closing times which have been applied for. It is also her view that the effect of a well-managed operation being located in a predominantly residential area, is to attract muggers, drug dealers and rough sleepers.
16. Mrs Kuttner made complaint to the Committee that patrons would use residents’ gardens as toilets and that she was also concerned about the collection of rubbish at 04.00 hours.
17. In response to questions from the Committee, Mrs Kuttner stated that she had not discussed refuse collection with the Applicant, she is also aware that Claridges Hotel, which is located in the area, does not have many events which end after midnight. However, Claridges are good operators and continually work with residents in the vicinity. She advised that there are not many licensed premises with a terminal hour beyond 02:00 in the immediate area but there are a number of residents, who would be disturbed.
18. Mr Dunn then addressed the Committee and confirmed that his concerns on behalf of the residents, related to the excessive hours, conditions, off sales, and activities.
19. Mr Dunn submitted that in the main, conditions have been resolved and agreed with the Environmental Health Officer. However, he would like to prevent smokers from taking drinks into the outside area and the last entry condition to include smokers and patrons making telephone calls. He would also like to see a condition restricting the times for waste disposal and deliveries and preventing off sales at the premises after 2300 hours.
20. Mr Dunn was also concerned that the application included permission for films, live music, indoor sports and questioned whether this was really needed.
21. The Committee were finally directed by Mr Dunn to paragraph 14.42 of the Revised Guidance issued under section 182 of the Licensing Act 2003.
22. In summary Mrs Kuttner, reiterated her concerns about resident’s sleep being disturbed. The EHO, explained that a condition relating to waste collection have been agreed and that initially the Applicant required 15 smokers to be allowed in the outside area, but they now agreed to reducing this to 10. He also confirmed to the Committee that a restriction in relation to on and off sales was already agreed as a condition on the proposed premises licence.
23. Counsel for the Applicant, confirmed to the Committee that 10 people using the outside area is acceptable. She agreed that patrons using residents’ gardens as a toilet is unpleasant, but the Applicant has installed three additional toilets to the premises.
Decision
24.The Committee has determined an application for a grant of a NEW Premises Licence under the Licensing Act 2003.The Committee realises that it has a duty to consider each application on its individual merits. There is no policy presumption to refuse the application that is not within the Cumulative Impact Area provided the licensing objectives are not undermined.
25. The 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.
26.The Committee, in its determination of the matter, concluded that the conditions it imposed on the licence were appropriate and proportionate and would promote the licencing objectives.
27. Having carefully considered the committee papers, additional 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:
1. To grant permission for:
a. Live and recorded music (Indoors) on Sundays 12:00 to 23.30 and Monday to Saturday 07.00 to 01.30
Seasonal Variation: From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.
b. Films (indoors)Sundays 12:00 to 23.30
Monday to Saturday 07.00 to 01.30
Seasonal Variation: From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.
c. Indoor Sporting events (Indoors) on Sundays 12:00 to 23.30 and Monday to Saturday 07.00 to 01.30
Seasonal Variation: From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.
d. Late Night Refreshment (Both) on Sundays 23:00 to 23.30 and Monday to Saturday 23.00 to 01.30
Seasonal Variation:From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.
e. Sale of Alcohol for consumption (on/off) the premises from Sundays 12:00 to 23.30 and Monday to Saturday 07.00 to 01.30
Seasonal Variation: From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.
2. To grant permission for the premises to open to the public on Sundays 12:00 to 00.00 and Monday to Saturday 07.00 to 02.00
Seasonal Variation:From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.
3. The new premises licence will be subject to any relevant mandatory conditions.
4. The premises licence is subject to the following agreed conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Agreed conditions attached after a hearing by the licensing authority:
9. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
10. The maximum number of persons, excluding staff, to be present in the licensed premises shall not exceed 270 persons.
11. All licensable activities taking place between 07:00 and 09:00 hours at the premises shall be private events or to customers who have pre-booked. Such events shall be restricted to Champagne and/or Wine, and substantial food and non-intoxicating beverages shall be available.
12. The premises licence holder shall ensure that the premises operates in accordance with an Outdoor Management/Smokers and Dispersal Policy.
13. During the hours of operation, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the area quietly.
15. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection times.
16. 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.
17. The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
18. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
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. No fumes, steam or odours shall be emitted from the licenced premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
21. 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 preceding 31 day period.
22. A staff member from the premises who is conversant with the operation of the CCTV shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
23. 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 concerning crime and disorder;
d) Any incidents of disorder;
e) All seizures of drugs or offensive weapons;
f) Any refusal of sale of alcohol.
24. There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.
25. A challenge 21 proof of age scheme shall be operated at the premise 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.
26. 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.
27. 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.
28. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
29. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
30. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
31. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
32. No licensable activities shall take place at the premises until premises licence 22/01012/LIPVM has been surrendered and is incapable of resurrection.
33. All windows and external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons
34. There shall be no admittance or re-admittance to the premises after midnight (00.00 hours) except for patrons permitted to temporarily leave the premises (e.g. to smoke, make a phone call).
35. There shall be no sales of alcohol for consumption off the premises after 23.00 hours
36. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.
37. After 23:00 hours, patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall be limited to 10 persons at any one time.
38. Patrons permitted to temporarily leave and then re-enter the premises (e.g. to smoke, make a phone call) shall not be permitted to take glass containers or consume drinks in the outside area after 00.00.
39. SIA licensed door supervisors, (the number to be calculated by way of a written risk assessment), shall be on duty from 18:00 at the premises whilst it is open for business, and they must correctly display their SIA licence(s) when on duty so as to be visible. A copy of the written risk assessment is to be made available to the Metropolitan Police and/or the Licensing Authority on request.
40. Notwithstanding the SIA condition above (no 39), at least 2 members of door supervisors shall be on duty at the entrance of the premises and patrolling the outside area on Brook Street from 23:00 hours until 30 minutes after the premises close, to supervise and prevent potential nuisance from customers.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
23 June 2022
Supporting documents:
- Restricted enclosure View the reasons why document 1./1 is restricted
- Restricted enclosure View the reasons why document 1./2 is restricted
-
Report 34 Brook Street _Redacted, item 1.
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