Agenda item
Guinea, 30-32 Bruton Place, W1J 6NL
|
Ward |
Site Name & Address |
Application |
Licensing Reference No. |
|
West End None* None** |
Guinea, 30-32 Bruton Place, W1J 6NL |
New Premises Licence |
22/09389/LIPN |
|
*Cumulative Impact Area |
|||
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2
(“The Committee”)
Thursday 15 December 2022
Membership: Councillor Maggie Carman (Chair),
Councillor Concia Albert and Councillor Caroline Sargent.
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Jessica Donovan
Other Parties: Felix Faukner and James Anderson of Poppleston Allen Solicitors for the Applicant, Young & Co’s Brewery PLC
Jason Wright - Young & Co’s Brewery PLC
John - Young & Co’s Brewery PLC
Margaret Brierley (Resident and witness)
Ian Watson - Environmental Health
Alun Thomas from T&T Partners on behalf of Tila Ltd, Tim Jeffries, Harriet Power, Gavin Rankin (witness and local business), Christopher Holder (witness and local
resident)
Lahiru Jayesekara
Tim Jeffries
Gavin Rankin (witness and local business)
Christopher Holder (witness and local resident)
Harriet Power
Mary Young
Mr Studd (Licensing Consultant)
Richard Brown – on behalf of Mike Dunn
Mike Dunn - Residents’ Society of Mayfair and St. James’s
Application for a New Premises Licence - Guinea, 30-32 Bruton Place, London W1J 6NL – 22/09389/LIPN
Full Decision
Premises:
Guinea,
30-32
Bruton Place,
London W1J 6NL
The Applicant
Young & Co’s Brewery PLC (the Applicant)
Ward:
West End
CIZ/SCZ
None
Proposed Licensable Activities and Hours
Films and Recorded Music
Monday to Thursday: 10.00 to 23:30 hours
Friday to Saturday: 10:00 to 00:00 hours
Sundays: 12:00 to 22.30 hours
Sundays immediately prior to a Bank Holiday midday to midnight.
From the end of permitted hours on New Year’s Eve through to the start of permitted hours on New Year’s Day.
Late Night Refreshment (Indoors)
Monday to Thursday: 23.00 to 23:30 hours
Friday to Saturday: 23:00 to 00:00 hours
Sundays immediately prior to a Bank Holiday 23.00 to midnight.
From the end of permitted hours on New Year’s Eve through to the start of permitted hours on New Year’s Day.
Retail Sale of Alcohol (On and Off Sales)
Monday to Thursday: 10.00 to 23:30 hours
Friday to Saturday: 10:00 to 00:00 hours
Sundays: 12:00 to 22.30 hours
Sundays immediately prior to a Bank Holiday midday to midnight.
From the end of permitted hours on New Year’s Eve through to the start of permitted hours on New Year’s Day.
Hours Premises are open to the Public
Monday to Thursday: 10.00 to 00.00 hours
Friday to Saturday: 10:00 to 00:30 hours
Sundays: 12:00 to 23.00 hours
Sundays immediately prior to a Bank Holiday midday to 00.30.
From the end of permitted hours on New Year’s Eve through 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 currently operates as a traditional pub and restaurant situated in Mayfair.
The Premises is located within the West End Ward. It is not in a Cumulative Impact Zone, or Special Consideration Zone.
The Premises at number 30 Bruton Place has had the benefit of a premises licence since at least September 2005 (22/07754/LIPDPS).
This application is a new licence application to extend the current operation into a neighbouring premises.
The Guinea style of operation will not change. It will merely be an extension of the floor space to offer an additional area for dining.
A pre-application meeting has been undertaken and recommendations implemented from the report
There is a residential count of 103.
The Applicant has provided additional submissions including a proposed outside management policy. The Applicant will also call Mrs Brierley a local resident to give evidence in support of the application.
Mr Thomas of Thomas and Thomas Solicitors representing the objectors as detailed above, also provided additional submissions including a licensing consultant report. He will also be calling various residential businesses and residents to support the objections.
Mr Brown will also rely on his summary detailed in his submissions.
The Applicant submitted 4 additional conditions detailed in an email to address the concerns expressed by the objectors.
The main concerns are centred around waste management, deliveries, the use of the outside area and the Applicant’s inability to historically trade the outside area without causing a nuisance and putting customers and members of public’s safety at risk.
Policy Considerations
· HRS1
A. 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.
B. 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 following:
1. 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.
2. If the application is located within a Special Consideration Zone
they have demonstrated that they have taken account of the issues
identified in that area and provided adequate mitigation.
3. Whether there is residential accommodation in the proximity of the
premises that would likely be adversely affected by premises being
open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink
outside the premises or be within open areas which form part of the
premises.
7. The existing hours of licensable activities and the past operation of
the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public
transport when arriving at and leaving the premises, especially at
night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to
impact the licensing objectives than others; for example, pubs and
bars are higher risk than theatres, cinemas and other cultural and
sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures
proposed for a ‘winding down’ period including arrangements for
people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period
of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter
hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and
justified as part of the application to allow responsible authorities
and interested parties to evaluate the impact that these licensable
activities may have, and to plan accordingly. The consideration of
applications for later hours for Bank Holiday Mondays will take into
account that later hours are generally granted for preceding
Sundays and that the next day is a working day. Non-specific days
are expected to be covered by Temporary Event Notices or
variation applications.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
6. Pubs and bars, Fast Food and Music and Dance venues
Monday to Thursday: 10am to 11.30pm.
Friday and Saturday: 10am to Midnight.
Sunday: Midday to 10.30pm.
Sundays immediately prior to a bank holiday: Midday to Midnight.
D. Core hours are when customers are permitted to be on the premises
and therefore the maximum opening hours permitted will be to the
same start and terminal hours for each of the days where licensable
activity is permitted.
E. For the purposes of this policy, ‘premises uses’ are defined within
the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application
includes late night refreshment, then the starting time for that licensable
activity will be 11pm.
Policy PB1(A, C and D)
A. Applications outside the West End Cumulative 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 being 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 taken account of the Special Consideration Zones policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meet the definition of a Public House or Bar in Clause D.
C. The applications referred to in Clause B1 and B2 will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1, and/or,
2. 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.
3. The application and operation of the venue continuing to 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
1. The Committee heard submissions from Mr Anderson on behalf the Applicant. Mr Anderson informed the Committee that the principal part of application is to extend the current premises into a gallery for a dining experience and providing additional toilets. In relation to the representations made, four additional conditions have been offered which relates to the outside area.
2. Mr. Anderson accepted that the outside area remains an issue, but customers have been drinking on the public highway for 40 to 50 years. Customers do go outside to drink in a small forecourt and on the road, but the Premises have historically traded in this way without issue. The road has no pavement, and most traffic are delivery vehicles. Mr. Anderson asserted that the new restaurant area would provide extra space for customers and the conditions will give control over patrons drinking in the street.
3. The Committee were informed that the trading history of the Premises is good with the Guinea having traded without complaint. They have a good relationship with residents and the relevant authorities have not expressed concerns. The premise already uses SIA doorman has meeters and greeters to the restaurant area. Door staff requirement for the outside area is unpredictable therefore this should be risk assessed.
4. Mr Anderson advised that the Applicant resists any restrictions to the outside area and emphasised that this is not a Review of the existing licence. The Applicant would resist any restrictions on capacity or to the area being used. He advised that any such restrictions would not be good for Bruton Place and the current situation works. There is no issue relating to nuisance or crime and disorder. He stated that the conditions are a right balance and it is unnecessary to impose further restrictions.
5. Witness, Mrs Brierley, informed the Committee that she was not concerned about the new application or noise. She has lived in the area for 11 years and the customers at the premises have never been rude to her nor has she had any difficulties in passing them.
6. In response to questions from the Committee, Mr Anderson confirmed that there will be additional toilets built and for use by all customers. He also stated that the capacity of the bar is about 40 customers, and the outside customers are managed by the manager and duty manager. The outside area starts to get busy from 17.00 and lasts until about 21.30.
7. Mr Watson of the Environmental Health Services informed the Committee that there are no complaints about the premises associated with nuisance since 2012. The area has never been a hotspot for urination or defecation. He identified the outside area as a narrow road but residents would expect a certain amount of vibrancy when living in that area. The Council Services would normally investigate noise nuisance at licensed Premises after 23.00 but there are no records of complaints.
8. Mr Thomas made his submissions to the Committee stating that Mr Studd, had conducted observations from which he concluded that the situation outside the Premises will get worst if there are no suitable controls. Mr Thomas criticised the Applicant for ‘drip feeding’ conditions at a late stage of the proceedings, even though they were aware some time ago that the main issue with the application was the outside area.
9. Mrs Power advised that the objector, Mr Holder was concerned about noise and servicing the Premises. However suitable conditions had been agreed. He has also complained about customers from the premises blocking his garage entrance and responding to him with abuse. Drinking customers from the premises block the road and prevent free vehicular access for collections and deliveries and taxis.
10.Mr Rankin notified the Committee that he has a business at Bellamy’s Restaurant and the Applicant suggestion that their customers outside their premises is amenable, is not the case. The road is blocked by hostile and intimidating customers. The number customers at times is between 150 to 200. The road is further ‘choked’ with bags, drinking glasses, briefcases, and customers.
11.Mr Thomas continued and advised the Committee that there has been a lack of engagement by the Applicant, and they have not provided tangible conditions. In light of this, he advised the Committee to add conditions, to restrict the area for consumption of alcohol, restrict the number of people, prevent furniture outside the premises, use SIA registered door staff or alternatively to refuse off-sales.
12. Mr Brown on behalf of Mr Dunn and Mr Dunn then addressed the Committee and identified their concerns as similar to those raised by other objectors. They expanded by informing the Committee that the photographic evidence was taken in November 2022, but the crowds are more significant on a ‘Friday night in June’. It was also felt that the Management Plan was imprecise and ‘wishy washy’ and that the conditions proposed were vague and unenforceable. The Outdoor Policy does not address the extent of the outdoor area and numbers.
13. The Committee was informed that this area is a potential flash point and as this is an application for a new premises licence, all matters adversely affecting the licensing objectives are to be considered.
14.The Committee provided all parties with time to agree conditions or ideas to manage the outside area, after which Mr Anderson stated that the Applicant were willing to restrict the use of the outside area to 22.00.
15.In summary, Mr Brown confirmed that the terminal hour was not the issue, it was the number of customers and demarcation of the area used for consumption of alcohol by customers of the Premises.
16.Mr Thomas summarised and stated that there is no effective control of the outside area at the Premises. He asked for a limit of 50 customers outside the premises at any one time and advised the Committee that a lack of complaints is not a reason to avoid dealing with issues.
17.Mr Watson advised the Committee that the history of the premises is important. There are no complaints.
18.Mr Anderson then addressed the Committee and highlighted the following points:
a. The Applicant is willing to prevent refuse collection and deliveries between the hours of 22.00 and 08.00
b. Customers do not drive to the Premises so they are not blocking garages. There have been no arguments with taxi drivers reported to the management.
c. Mr Thomas is wanting to restrict a business to protect his own clients’ business interests.
d. There has been no adverse feedback from businesses or residents.
e. It is impossible to control the numbers of customers or restrict the ambit of the outside area. It could create a flashpoint and it would not make the road any safer.
f. The current situation works, and the landlord of the premises is happy with the situation.
g. The Applicant has won awards for their trade, received no complaints, and the premises has not attracted a Review.
h. If the premises licence is overly restricted, a business having traded for 350 years would have been ruined.
i. The Applicant is happy to limit smokers to no more than 20 after 22.00.
Decision and Reasons:
19. The Committee notes that conditions relating to deliveries and collection of waste has been discussed and the conditions offered alleviates some of the objectors’ concerns. However, the main area of concern and which remains a problem relates to the Applicants’ use and management of the public highway immediately outside the Premises.
20. The Applicant seeks to increase the size of the existing premises and consequently the overall capacity of the Premises albeit the extension is for restaurant use. The Committee is informed that the Premises has historically traded with customers drinking on the highway.
21. It is also asserted by the Applicant that an increase of 60 covers at the Premises ‘will not make the outside area worse’.
22. The Applicant resists any restriction on the capacity of the outside area, further reduction of the terminal time for use of the area or restriction in the size of the area used. The Applicant, by email, proposes an additional four conditions to assist in the management of the area. The Committee has had regard to paragraphs 1.16 and 10.01 to 10.10 of the Revised Guidance (April 2018) issued under section 182 of the Act and the Committee notes that these conditions are weak and lacks clarity.
23. The Applicant confirmed there are between 100 to 150 customers drinking alcohol on the highway during busy periods, that there is no defined area of use, nor has there been any complaints registered with the EH services.
24. There was photographic evidence showing the use of the outside area in Nov 2022 and evidence from a licensing consultant, Mr Studd’s observations. Residents gave evidence of customers blocking their access, being abusive and intimidating. The Committee heard evidence that numbers can approach 150 to 200 customers especially in the summer months which ‘chokes’ the road especially when coats, briefcases and glassware are stored/placed in the road.
25. Save for loosely worded conditions relating to SIA registered door supervisors provided on a risk assessment basis, restriction on use of the outside area until 22.00 and complying with an Outside Management Policy, the Applicant was unable to provide any additional measure to give the Committee confidence that their customers drinking outside the Premises would be adequately managed.
26. It is noted that the road is not used regularly by traffic but never-the -less Bruton Place is a road used for access by pedestrians, residents, taxis and for collections and deliveries. The evidence provided by the objectors is that the Applicant’s use of the outside area already adversely affects the licensing objective of the prevention of public nuisance. The objectors give evidence that that Applicant has previously failed to implement controls to ensure effective management of their customers and the prevention of nuisance.
27. It is accepted by the Committee that the area is improving but there has to be the right balance between the existence and operation of licensed premises and its customers with other businesses, residents living in the area, the safety of customers and pedestrians, and the prevention of public nuisance.
28. The Applicant states that the ‘current situation works’ but the photographic and oral evidence suggests to the contrary.
29. The Committee note that it may impose any conditions as its discretion has been triggered following receipt of relevant representations and it is satisfied as a result of a that, it is appropriate to impose conditions to promote one or more of the four licensing objectives.
30. The Committee has therefore determined this application for a grant of a New Premises Licence under the Licensing Act 2003.
31. Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has decided, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: -
1. To grant permission for:
Films and Recorded Music
Monday to Thursday: 10.00 to 23:30 hours
Friday to Saturday: 10:00 to 00:00 hours
Sundays: 12:00 to 22.30 hours
Sundays immediately prior to a Bank Holiday midday to midnight.
From the end of permitted hours on New Year’s Eve through to the start of permitted hours on New Year’s Day.
Late Night Refreshment (Indoors)
Monday to Thursday: 23.00 to 23:30 hours
Friday to Saturday: 23:00 to 00:00 hours
Sundays immediately prior to a Bank Holiday 23.00 to midnight.
From the end of permitted hours on New Year’s Eve through to the start of permitted hours on New Year’s Day.
Retail Sale of Alcohol (On and Off Sales)
Monday to Thursday: 10.00 to 23:30 hours
Friday to Saturday: 10:00 to 00:00 hours
Sundays: 12:00 to 22.30 hours
Sundays immediately prior to a Bank Holiday midday to midnight.
From the end of permitted hours on New Year’s Eve through to the start of permitted hours on New Year’s Day.
Hours Premises are open to the Public
Monday to Thursday: 10.00 to 00.00 hours
Friday to Saturday: 10:00 to 00:30 hours
Sundays: 12:00 to 23.00 hours
Sundays immediately prior to a Bank Holiday midday to 00.30.
From the end of permitted hours on New Year’s Eve through to the start of permitted hours on New Year’s Day.
2. Relevant Mandatory Conditions to apply
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 shall 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 and shall 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 preceding 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 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.
11. 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, military ID card, passport or proof of age card with the PASS Hologram.
12. 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 shall record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received regarding crime and 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
13. 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.
14. There shall be no drinking outside the premises after 22.00 hours daily.
15. 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.
16. 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.
17. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
18. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
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 licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
21. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
22. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
23. During the hours of operation of the premises, 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.
24. No licensable activities shall take place 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.
25. No licensable activities shall take at the premises until the capacity of the first floor 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. Before the premises open to the public, the plans as deposited shall be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed.
27. The manager on duty shall take overall responsibility for customers behaviour outside the premises and shall regularly monitor the conduct of those customers.
28. An External Management Policy shall be in force for the premises and each member of staff shall receive training in it and the policy shall be available for inspection by the Licensing Authority and the Police.
29. No collections of waste or recycling materials (including bottles) from the premises shall take place between (22.00) and (08.00) hours on the following day.
30. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (22.00) hours and (08.00) hours on the following day.
31. No deliveries of bottles, barrels, beer casks or similar, to the premises shall take place between (22.00) and (08.00) hours on the following day.
32. After 22.00, the number of customers smoking, vaping or similar in the outside area shall not exceed 20 at any one time.
33. 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.
35. SIA licensed door supervisors must correctly display their SIA licence(s) when on duty so as to be visible.
The is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
15 December 2022
Supporting documents:
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Guinea_New_Premises_Report_Redacted, item 2.
PDF 3 MB - Restricted enclosure View the reasons why document 2./2 is restricted
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Order of Proceedings 15.12.2022, item 2.
PDF 88 KB
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Guinea, 30 Bruton Place, London - Hearing Bundle, item 2.
PDF 6 MB
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SOP (Objection) - v2.1 (06.12.2022)[3], item 2.
PDF 173 KB