Agenda item
London Cocktail Club, Basement, Portland House, 4 Great Portland Street, W1W 8QJ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 9th March 2023
Membership: Councillor Angela Piddock (Chair),
Councillor Judith Southern and Councillor Tim Mitchell
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Jessica Donovan
Other Parties: Lana Tricker LT Law on behalf of The London Cocktail Club Ltd
Dawn Donohoe – Managing Director
Licensing Authority – Jessica Donovan
Metropolitan Police – Tom Stewart
Application for a variation of a Premises Licence for The London Cocktail Club, 4 Great Portland Street, W1W 8QJ – 22/11999/LIPV
Premises:
The London Cocktail Club,
4 Great Portland Street,
London
W1W 8QJ
Applicant
The London Cocktail Club Limited
Ward
West End
Cumulative Impact Zone
West End
Special Consideration Zone
None
Summary of Application
This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”).
On 25 November 2021 the Licensing Sub Committee granted a time limited extension of hours under reference 21/07628/LIPV. The extension of hours was granted until 30 March 2023.
This variation is to permit the extended hours to remain on a permanent basis with the same conditions imposed on the time limited licence.
The hours granted to the premises pre the time limited extension and which the premises would revert to on 1st April 2023 in the event that the application were to not be granted.
The application seeks the following:
a) Vary the terminal hour from 23.30 Thursdays to 00.30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23)
b) Vary the terminal hour from 00.00 Fridays and Saturdays to 01:30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23 (no changes are sought Sunday to Wednesday)
(c) Add conditions as set out in the operating schedule
(d) Remove condition 36 and 37 -44 (replaced by condition in operating
schedule)
The Premises is located within West End and within the West End Cumulative Impact Zone.
There is a resident count of 158.
Proposed Licensable Activities and Hours
a) Terminal hour Thursdays to 00.30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23)
b) The terminal hour Fridays and Saturdays to 01:30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23 (no changes are sought Sunday to Wednesday)
c) Opening Times Thurs 10.00 to 00.30 and Fri – Sat from 10.00 to 01.30
Representations Received
· Licensing Authority (Jessica Donovan)
· Metropolitan Police (Dave Morgan)
Issues raised by Objectors
Licensing Authority states: The Licensing Authority has concerns in relation to this application and how the premises would promote the four Licensing Objectives:
• Public Nuisance
• Prevention of Crime & Disorder
• Public Safety
• Protection of children from harm
Metropolitan Police Sates: If granted, the premises would undermine the licensing objectives: the prevention of crime and disorder.
Policy Considerations
CIP1
A. 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:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
D. For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.
HRS1
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.
PB1B Policy
B. It is the Licensing Authority’s policy to refuse applications within
the West End Cumulative Impact Zone other than:
1. Applications to vary the existing licence hours within the council’s
Core Hours Policy HRS1.
2. Applications that seek to vary the existing licence so as to reduce
the overall capacity of the premises.
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 latenight
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 AND REASONS
1. Mr Jackaman summarised the application and informed the Committee that the Applicant, Licensing Authority and Metropolitan Police were in attendance.
2. Ms Tricker explained to the Committee that the time limited part of the Premises Licence is due to expire at the end of March. The Premises has traded under the extended hours on Thursday, Friday and Saturday for 16 months without issue.
3. The Committee was advised that the time limited conditions will continue without restriction if the application is granted. These are in summary, a reduction in capacity, trading at core hours and use of extra door supervisors. The aim of the application is to retain existing clientele.
4. The Premises is located on the edge of the Cumulative Impact area and licensable activities take place in the basement. There have been no noise complaints or residential objections in relation to the application and indeed at the application previously for the time limited authority.
5. Ms Tricker continued to explain to the Committee that there has been no crime reported as a result of trade at this Premises and the lack of adverse reports is partly to do with the type of operation. The Premises trades as a cocktail bar, which is conditioned on the existing Premises Licence. The is a clientele made of approximately 70% female, 95% pre bookings, an age profile of 25 – 35, a food bar and waiter/waitress service.
6. The location is a small neighbourhood without a residential presence but with adequate areas for parking and taxis.
7. In response to questions from the Committee, Ms Tricker confirmed that the Premises operates a dispersal policy and have a ‘last entry condition. In fact whilst trading the later hours, once customers leave, they go home rather than relocate to other licensed venues.
8. The Licensing Authority informed the Committee that they maintain their objections as the Premises is located in the CIZ. When the temporary variation was granted, the time limited nature of the application, the conditions was seen to be exceptional circumstance by the Sub-Committee. Exceptional circumstance why the Committee should depart from the presumption to refuse the application in a CIZ must also be demonstrated on this occasion.
9. PC Stewart on behalf of the Metropolitan Police advised the Committee that his representations were based on Policy. There is a presumption to refuse the application unless exceptional circumstances exist. The application, if granted will still add the cumulative impact in the area.
10. The CIZ is dense with crime, but he is not saying that the Premises is badly operated and there are no reported crimes which relates to the operation of the venue during the extended temporary trading period.
11. However, the Committee were informed by PC Stewart that a permanent extension will increase crime and disorder and public nuisance and that is the reason why Westminster City Council has a CIZ Policy.
12. The Police highlighted that the Premises is drinks led and a longer time on the Premises means customers are more likely to be intoxicated. He also raised the fact that gangs are moving closer to the area in which this Premises is located and although they are targeting nightclubs with 03.00 closing, this does cause concerns. The Officer felt that customers from the venue may not add to crime and disorder but could become victims of crime.
13. In summary, the Police asked the members to consider the Policy and the adverse impact a grant would have on the area. Although the Premises is not one of concern, the Police would like the Committee to look at the ‘bigger picture’ in the CIZ and refuse the application.
14. Ms Tricker confirmed the Premises is in a unique position where it has traded to the required extended hours, subject of stringent conditions for 16 months without adding to CI.
DECISION
15.The Committee has determined an application for a grant of a variation of a Premises Licence under the Licensing Act 2003.
16.The Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. Accordingly, the Premises falls within the West End CIZ and so there is an automatic policy presumption to refuse the application. However, for this presumption to be rebutted, the Applicant must prove exceptional reasons as to why the application should be granted.
17.The Committee noted the Responsible Authorities who had objected to the Application the Metropolitan Police Service and Licensing Authority were still however, maintaining their objections based on the presumption to refuse such applications in the West End CIZ.
18.The Sub-Committee when considering the matter had regard to Policies CIP1, HRS1 and PB1(b) under the City Council’s SLP. The Committee initially is to establish, based on the evidence before it whether the Applicant had provided exceptional reasons as required by the terms of the SLP. The Sub-Committee concluded that the Applicant had provided exceptional reasons through a combination of factors:
a. The Premises is located on the edge of the CIZ which is not a residential area.
b. The trading area is in a basement.
c. The premises operates a pseudo members operation where a majority of customers pre book.
d. Conditions have been offered which results in the reduction of the capacity, additional door staff and no admittance after 23.30 and importantly
e. The Premises has traded for 16 months under the temporary Premises Licence without issues of public nuisance or crime and disorder.
19.The Committee noted the style, nature and character of the Premises and how the Premises would operate
20.The Committee noted the Premises Dispersal Policy a comprehensive document that will promote the licensing objectives and is to be used robustly in running the Premises to the highest standards.
21.The Sub-Committee was persuaded that a departure from the SLP policy was appropriate and welcomed the conditions offered by the Applicant.
22.Having therefore 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 (Indoors), Live Music (Indoors), Recorded Music (Indoors), Sale of alcohol (on sales only)
Thursdays 10.00 to 00.30
Fridays and Saturdays 10.00 to 01.30
On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.
2. To grant permission for
The provision of Late-Night Refreshment (Indoors)
Thursdays 23.00 to 00.30
Fridays and Saturdays 23.00 to 01.30
On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.
Hours Premises are open to the Public
Thursdays 10.00 to 00.30
Fridays and Saturdays 10.00 to 01.30
On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.
3. Relevant Mandatory Conditions 1-10 to apply
11. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 200 persons.
12. There shall be waiter/waitress service throughout the premises at all times.
13. There shall be no sales of alcohol for consumption off the premises.
14. 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.
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. 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.
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 noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
18. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
19. Loudspeakers shall not be located in the entrance lobby or outside the premises
building.
20. No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) are inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or is distributed to the public, that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services.
21. 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.
22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
23. 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.
24. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue Licence.
25. There shall be no cinema style showing of films.
26. 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 faults in the CCTV system or searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
27. The premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and local radio scheme if available.
28. The food bar shown on the plans shall be maintained functioning and available to patrons at all times the premises are trading.
29. A taxi service shall be available to patrons.
30. There shall be no draught beer sold at the premises.
31. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
32. The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.
33. 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.
34. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.
35. The premises shall operate as a cocktail lounge, and a minimum percentage of cocktail drinks on any given day sold at the premises shall be 75% of total sales.
36. There shall be a minimum of 2 SIA on Friday and Saturday nights and a minimum of 1 SIA on Thursday night, from 21.00 until all patrons have left the immediate vicinity after the premises closes. Their SIA licences shall be displayed at all times.
37. There shall be a 15-minute wind down period prior to the end of licensable activities on Thursday, Friday and Saturday trading nights. The style tempo and volume of music shall be consistent with the wind down period.
38. On Thursdays there shall be no admittance or readmittance to the premises after 23.30 except for patrons permitted to temporarily leave the premises to smoke.
39. On Fridays and Saturdays there shall be no admittance or readmittance to the premises after midnight except for patrons permitted to temporarily leave the premises to smoke.
40. On Thursdays the capacity of patrons within the premises shall be reduced to 150 after midnight.
41. On Fridays and Saturdays, the capacity of patrons within the premises shall be reduced to 150 after 00.30.
42. 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.
43. On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.
The is the Full Decision of the Licensing Sub-Committee which takes
effect forthwith.
The Licensing Sub-Committee
9th March 2023
Supporting documents:
-
London Cocktail Club (final version), item 2.
PDF 16 MB - Restricted enclosure View the reasons why document 2./2 is restricted
- Restricted enclosure View the reasons why document 2./3 is restricted