Agenda item
39 Drury Lane, WC2B 5RR
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 19 January 2023
Membership: Councillor Robert Eagleton (Chair) Councillor Iman Less and Councillor Caroline Sargent
Officer Support: Legal Adviser: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Roxanna Haq
Other Parties: Mr Jussi Tolvi (Applicant Company)
Application for a New Premises Licence in respect of 39 Drury Lane London WC2B 5RR 22/10585/LIPN
Full Decision
Premises
39 Drury Lane
London
WC2B 5RR
Applicant
Club Soda Limited
Ward
St James’s
Cumulative Impact Area
None
Special Consideration Zone
East Covent Garden Special Consideration Zone (“East Covent Garden SCZ”)
Activities and Hours applied for
Sale by retail of Alcohol (On and Off)
Monday to Saturday 10:00 to 23:00
Sunday 10:00 to 22:00
Seasonal Variations: None
Opening Hours of the Premises
Monday to Saturday 10:00 to 23:00
Sunday 10:00 to 22:00
Seasonal variations: None
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 39 Drury Lane London WC2B 5RR (“The Premises”). The Premises will trade as a high street shop selling low and no alcohol drinks. The majority of products sold will be alcohol-free (0.5% ABV and under) but there will be a small selection (no more than 10% of our range) of lower ABV drinks too, e.g., beers under 3%, wines under 8% and spirits where the ABV of the final drink when mixed with a mixer will be significantly lower than standard cocktails.
The Applicant states that a major part of its plan for the Premises will be educating both consumers and professionals about low and no alcohol drinks. Club Soda has been operating since 2015, supporting people to reduce their harmful alcohol use, educating and informing both consumers and trade about low/no alcohol drinks, and organising the Mindful Drinking Festivals. Last winter Club Soda had a pop-up shop on Great Portland Street for three months. This Premises will be a permanent location and allows the Applicant to become the mindful drinking hub for all of London and the UK. There are no other alcohol-free shops in the UK. The Premises will have space not only for retail sales on the ground floor, but also a small amount of seating for customers to sit down and enjoy low and alcohol-free drinks, as well as a separate basement area for training events, such as cocktail making masterclasses and small trade events.
Club Soda is a Certified B Corporation social business, aiming for a positive impact on society and the environment. Their articles of association require that "Directors must act in a manner that will in the opinion of the directors ensure that the
Company contributes to a world in which people drink mindfully and live well."
They have worked with central and local government to promote public health and encourage licensed venues to stock more low and no alcohol drinks. Club Soda see their shop as a great venue to continue their work.
The Premises are located within the St James’s Ward and East Covent Garden SCZ.
Representations Received
· Environmental Health Service (Withdrawn)
· Covent Garden Community Association (Withdrawn)
· Two Local Residents (one supporting the application and one objecting to the application)
Summary of Representations
I welcome this Alcohol Free/Low Alcohol addition to Covent Garden. This neighbourhood suffers from awful public drunkenness (and its attendant noise, littering and vandalism) especially on Thursday-Saturday nights. Any new business that aims to promote mindful drinking is an improvement. I believe Club Soda will be a great addition to the neighbourhood - its shop on Great Portland Street was very smart. I also like that it is a business that appeals to women, as so many of the pubs here are very male.
Policy Considerations
Policies SCZ1, HRS1 and SHP1 (A) apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy SCZ1
A. In addition to meeting the other policies within this statement, applications within a
designated Special Consideration Zone should demonstrate that they have taken
account of the issues particular to the Zone, in question as identified within the 2020
Cumulative Impact Assessment, and should set out any proposed mitigation
measures in relation to those issues within their operating schedule.
B. For the purpose of Clause A, the designated Special Consideration Zones are:
• West End Buffer.
• Queensway/Bayswater.
• Edgware Road.
• East Covent Garden.
• Mayfair.
• Victoria.
Policy 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.
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 SHP1 (A)
A. Applications for a shop outside 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 meeting the council’s Ancillary Alcohol and/or Late night Refreshment Delivery Service Policy DEL1.
4. The applicant having taken account of the Special Consideration
Zone Policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meeting the definition of a shop in Clause C.
C. For the purposes of this policy: 1. A shop is defined as a stall,vehicle, vessel, temporary structure, building or part of a stall,vehicle, vessel, temporary structure or building where the primary activity is the sale of goods or services to customers upon payment. 2. The licensable activities for the sale of alcohol for consumption on
the premises, regulated entertainment and/or late night refreshment must be ancillary to the primary use of the premises as a shop. 3.The licensable activity of the sale of alcohol for consumption off the premises must be an ancillary function to the primary use of the page 88 premises unless that primary use is to sell alcohol for consumption off the premises, e.g., a traditional off licence.
SUBMISSIONS AND REASONS
Ms Roxanna Haq, Presenting Officer introduced the application to the Sub-Committee and advised that this was an application for a new Premises Licence for Club Soda Limited 39 Drury Lane WC2B 5RR. The Premises intends to operate as a high street shop selling low and no alcohol drinks. She confirmed that the Environmental Health Service and the Covent Garden Community Association had withdrawn their representations which left one outstanding residential representation against the application. The Premises are within the St James’s Ward and the East Covent Garden SCZ.
Mr Jussi Tolvi (on behalf of the Applicant Company) addressed the Sub Committee.
He advised that the Premises would trade as a high street shop selling low and no
alcohol drinks. He outlined that a major part of its business plan was educating both
consumers and professionals about low and no alcohol drinks both at the Premises
and on-line. He explained that the majority of drinks sold would be alcohol-free
(0.5% ABV and under) but there would also be a small selection (no more than 10%)
of lower ABV drinks too, e.g., beers under 3%, wines under 8% and spirits where the
ABV of the final drink when mixed with a mixer would be significantly lower than
standard cocktails.
In response to questions from the Sub Committee, Mr Tolvi confirmed that all drinks would be significantly lower in alcohol than normal alcoholic drinks. He advised that he wished to stay open until 23:00. He confirmed that he had agreed to all the proposed conditions except for the CCTV condition because he considered that it was not financially viable to install a CCTV system in such a small Premises.
Mr Horatio Chance, Legal Advisor to the Sub Committee, outlined to Mr Tolvi the benefits of installing a CCTV system in the Premises, however, Mr Tolvi advised that no-one wanted CCTV in the Premises and that the staff were trained to deal with tricky situations. He strongly advised that he did not have the budget for CCTV and if the Sub Committee imposed the CCTV condition it was highly likely that he would dispense with the Premises Licence. The Applicant confirmed that he would be a responsible operator selling low volume alcohol and that he would be able to promote the Licensing Objections.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application.
The Sub-Committee noted that the Premises is located in the East Covent Garden Special Consideration Zone. In its determination of the matter the Sub-Committee concluded that the Applicant had considered Paragraph D53 on page 58 of the SLP when it came to “Elevated levels of noise nuisance surrounding locations of licensed premises” therefore it was the Sub-Committee’s considered opinion that the hours and the conditions it has imposed on the premises licence is likely to have minimal impact on the area given the character, style and nature of the Premises in that the Premises is a shop selling low alcohol and non-alcohol drinks.
The Sub-Committee welcomed the fact that the majority of products sold will be alcohol-free (0.5% ABV and under) but there will be a small selection (no more than 10% of the range) of lower ABV drinks for example beers under 3%, wines under 8% and spirits where the ABV of the final drink when mixed with a mixer will be significantly lower than standard cocktails.
The Sub-Committee imposed conditions on the Premises Licence that there are to
be no super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by
volume) or above shall be sold at the Premises, except for premium beers and ciders
supplied in glass bottles and cans and that no more than 10% of the sales area shall
be used at any one time for the sale, exposure for sale, or display of alcohol keeping
within the business model and concept of responsible drinking.
The Sub-Committee along with the Applicant’s business model and concept to
educate and promote responsible drinking for the alcohol industry and its customer
base considered that the above measures will have the overall effect of promoting
the licensing objectives.
The Sub-Committee considered very carefully the question whether the Premises
should have CCTV installed and decided that it would not be appropriate or
proportionate to insist upon this particular measure. There was no evidence to
suggest that the Premises would undermine the crime and disorder licensing
objective and moreover, the Metropolitan Police Service who are the custodians for
crime and disorder did not object to the application. The Sub-Committee did note
that the Environmental Health Service initially proposed such a condition but were
not insistent that it be imposed on the Premises Licence otherwise they would have
not withdrawn but maintained their representation and attended the hearing. It did
does not automatically follow that a CCTV condition will be imposed on every licence
applied for and determined by a Sub-Committee. Accordingly, the Sub-Committee
had to consider whether imposing such a condition would be appropriate and
proportionate given the evidence before it. It therefore concluded that it would not
and had regard to paragraphs 10.10 of the revised Home Office Guidance when
looking at this specific issue and whether the licensing objectives are to be
undermined by failing to have a CCTV condition imposed on the premises licence.
Paragraph 10.10 states:-
“The 2003 Act requires that licensing conditions should be tailored to the size, type, location and characteristics and activities taking place at the premises concerned. Conditions should be determined on a case-by-case basis and standardised conditions which ignore these individual aspects should be avoided. For example, conditions should not be used to implement a general policy in a given area such as the use of CCTV, polycarbonate drinking vessels or identity scanners where they would not be appropriate to the specific premises. Conditions that are considered appropriate for the prevention of illegal working in premises licensed to sell alcohol or late night refreshment might include requiring a premises licence holder to undertake right to work checks on all staff employed at the licensed premises or requiring that evidence of a right to work check, either physical or digital (e.g. copy of any document checked or a clear copy of the online right to work check) is retained at the licensed premises. Licensing authorities and other responsible authorities should be alive to the indirect costs that can arise because of conditions. These could be a deterrent to holding events that are valuable to the community or for the funding of good and important causes. Licensing authorities should therefore ensure that any conditions they impose are only those which are appropriate for the promotion of the licensing objectives”.
The Sub-Committee considered all other relevant parts of the Home Office
Guidance including the financial implications for the business and whether this would
be a fair and reasonable approach to take. On this occasion and considering the
matter on a case-by-case basis the Sub-Committee decided not to impose this type
of condition.
However, the Sub-Committee has instead decided to place an Informative on the
Premises Licence whereby the Applicant is strongly recommended in getting a
CCTV system once the Premises is trading profitably and in this instance it could
afford to install a CCTV system to help improve the running and management of the
Premises that would act as an additional layer of protection for the Premises and
customers in the longer term.
The Sub-Committee based on the various undertakings and guarantees given by the Applicant during the hearing was persuaded that they were to be a responsible operator that would manage the Premises well and promote the licensing objectives.
In reaching its decision, the Sub-Committee concluded that these measures would help mitigate the concerns raised by the local residents and the conditions attached to the licence would ultimately have the effect of promoting the licensing objectives in particular the public nuisance licensing objective.
The Sub-Committee noted that the Police had not objected to the application on the grounds of crime and disorder and that the Environmental Health Service had later withdrawn their objection after agreeing conditions with the Applicant.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and would have the overall effect of promoting the licencing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:
1. To grant permission for the Sale by Retail of Alcohol (On and Off the Premises)Monday to Saturday 10:00 to 23:00 Sunday 10:00 to 22:00
2. To grant permission for the Opening Hours of the Premises Monday to Saturday 10:00 to 23:00 Sunday 10:00 to 22:00
3. There are no Seasonal variations.
4. That the Licence is subject to any relevant mandatory conditions.
5. 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 agreement of the Applicant
6. The sale of alcohol shall be ancillary to the primary use of the premises as a
place to educate and inform consumers and professionals regarding low/no
alcohol drinks.
7. The number of persons permitted in the premises at any one-time (excluding
staff) shall not exceed 70 persons.
8. All sales of alcohol for consumption off the premises shall be in sealed
containers only, and shall not be consumed on the premises.
9. 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.
10. All tills shall automatically prompt staff to ask for age verification identification
when presented with an alcohol sale.
11. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans.
12. No more than 10% of the sales area shall be used at any one time for the
sale, exposure for sale, or display of alcohol.
13. 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 refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
14. 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.
15. Notices shall be prominently displayed at all exits requesting patrons to
respect the needs of local residents and businesses and leave the area
quietly.
16. A direct telephone number for the manager at the premises shall be publicly
available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.
17. All waste shall be properly presented and placed out for collection no earlier
than 30 minutes before the scheduled collection times.
18. 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
19. No deliveries to the premises shall take place between 23.00 and 08.00 on
the following day.
20. 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.
INFORMATIVE
21. The Sub-Committee would strongly recommend that the Applicant invests getting a CCTV system in the future to help improve the management and running of the Premises.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
19 January 2023
Supporting documents:
-
LSC Report - 39 Dury Lane_Redacted, item 3.
PDF 6 MB -
LSC Report - 39 Dury Lane, item 3.
PDF 6 MB
- Restricted enclosure View the reasons why document 3./3 is restricted