Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s *  West End   ** None	20-24 Shaftesbury Avenue W1D 7EU	Shadow Licence	23/00396/LIPSL
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

Thursday 20 April 2023

          

Membership:   Councillor Maggie Carman (Chair),

             Councillor Concia Albert and Councillor Jacqui Wilkinson.

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Emanuela Meloyan

 

Other Parties:          Ms Lisa Sharkey - Poppleston Allen Solicitors (Solicitor for the Applicant), Mr Omar Aziz (Head of Asset Manager at Criterion Capital on behalf of the Applicant Trocadero (London) Hotel Limited), Mr Kevin Jackaman (Licensing Authority), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing The Soho Society) and Ms Marina Tempia (The Soho Society).

 

Application for a New Premises Licence (Shadow Licence) for 20-24 Shaftesbury Avenue, London W1D 7EU- 23/00396/LIPSL – Agenda Item 1

 

 

Premises 

 

Shadow Licence

20-24 Shaftesbury Avenue,

London

W1D 7EU

 

Applicant

 

Trocadero (London) Hotel Limited

 

Ward

 

St James’s

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone:

 

None

 

Proposed Licensable Activities and Hours

 

Sale of alcohol (both)

 

Monday to Saturday:  from 10.00 until 03.00

Sunday: from 12.00 to 22.30

 

Live music, performance of dance, anything similar (indoors)

 

Monday to Sunday:  from 09.00 until 03.00

 

Recorded music, (indoors)

 

Monday to Sunday:  from 00.00 until 00.00

 

LNR (indoors)

 

Monday to Saturday:  from 23.00 until 03.30

Sunday: from 23.00 to 03:00

 

Hours Premises are open to the Public

 

Monday to Saturday:  from 09.00 until 03.30

Sundays: from 09.00 until 03.00

 

New Year’s Eve / New Year’s Day and commencement of British Summer Time as set out in the conditions.

 

Summary of Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  The Applicant is seeking a ‘Shadow Licence’ on the same terms as an existing primary Premises Licence 22/04957/LIPDPS.

 

The Premises has the benefit of a secondary Premises Licence granted in June 2022. This permits the Premises to trade as a restaurant.  The licence sought will be a third premises licence for the same Premises. 

 

There is a resident count of 24 and there are no representations from the Metropolitan Police Force.

 

The primary Premises Licence is the subject of conditions on a Premises Licence for the Sky Bar and Lounge, Coventry Street (Conditions 65 and 66). The Sky Bar and Lounge is not yet trading but have a Premises Licence to allow trade subject to the primary Premises Licence for 20-24 Shaftesbury Avenue, being surrendered.

 

Representations Received

 

·       (Licensing Authority)

·       (Soho Society Residents Association)

 

Issues raised by Objectors

 

Licensing Authority

 

The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1 and RNT2.

 

The application is made by the freeholder of the premises for a ‘shadow’ licence of

22/04957/LIPDPS.

 

The Licensing Authority has reviewed the application against licence number

22/04957/LIPDPS and has noted that the application has not been made on the exact terms and conditions as the current issued licence.

 

The Soho Society

 

This licence was offered as one of the licences for surrender when Sky Bar and Lounge, Trocadero Hotel, applied for a 3am licence (21/06624/LIPN). On 11th November 2021 the Licensing Committee granted the 3am. This applicant Trocadero (London) Hotel Ltd stated an application for a midnight restaurant licence would be made to replace the current 3am licence, to date this application has not be submitted.

 

The Sky Bar decision document makes reference to this agreement with Conditions 65 and 66 stating the following;

 

65: The applicants contend that this application can be treated as an exception to policy upon the basis of the following:

 

(a) Premises Licence 15/02410/LIPT relating to 1-4 Leicester

Square (which the first applicant previously offered to surrender when Licence 18/00656/LIPN was granted), together with Licence 18/00656/LIPN, will be surrendered subject to the grant of this application.

(b)Premises Licence 20/03425/LIPDPS relating to the Rainforest Cafe

at 20-24 Shaftesbury Avenue will be surrendered by the first applicant, subject to the grant of the linked ap-plication described below (66a) and the satisfaction of works conditions relating to this application and the application described at 66(a);

(c) The capacity for the Piccadilly Institute stated within Premises Licences 19/09064/LIPN and 21/04481/LIPDPS shall be reduced by 380 as a result of the linked application described below 66b.

 

66: To support the exception to policy argument, the below linked applications will be submitted following the grant of this licence application:

 

(a) New Premises Licence application for the Rainforest Café at 20-24 Shaftesbury Avenue authorising the use of the premises as a restaurant (with a holding bar) until midnight.

(b) Two minor variation applications to reduce the capacity of the Piccadilly Institute by 380 persons. Conditions 65 and 66 above to be removed upon satisfaction of the works conditions at 62 and 63 above, and to a works condition which will be incorporated in the application referred to at Condition 65 (b).

 

The applicant agreed to submit a new premises licence application following the grant of licence 21/06624/LIPN and on this basis the application for an additional  shadow licence should be refused.

 

The Soho Society also object on the grounds this licence will fail to promote the licensing objectives and the increase in cumulative impact in the West End Cumulative Impact Zone.

 

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 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.

 

2. Whether there is residential accommodation in the proximity of

the premises.

 

3. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.

 

4. The existing hours of licensable premises in the vicinity.

 

5. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.

 

6. The capacity of the premises.

 

7. The type of use, recognising that some venues are more likely to

impact the licensing objectives than others.

 

8. 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.

 

C. For the purpose of Clause B, the Core Hours for this premises use type as defined within this policy are:

 

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

 

Policy PB1

 

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 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

 

Ms Emanuela Meloyan outlined the application to the Committee. She advised that representations had been received from the Licensing Authority and The Soho Society and that the Premises is located within the St James’s Ward and the West End Cumulative Impact Area but was not in a Special Consideration Zone.  She confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated.

 

Ms Lisa Sharkey on behalf of the Applicant outlined the application before the Committee.  She explained that the Applicant (the property owner) was applying for a Shadow Licence for the Rainforest Café as that was the name the Premises had been trading under for the past two years.  She advised that the property owner had been operating the Premises Licence for the past two years and that the licensable areas within the building were currently the Basement and Sub-Basement.  She confirmed that the application was made on exactly the same terms as the existing Premises Licence and there would be no additional use or impact on granting this application. 

 

Ms Sharkey briefly outlined that the variation to this Premises Licence (Agenda item 2) that was scheduled to be determined by the Committee was requesting a change to the licensable areas of the Premises to Ground floor and Basement. She added, however, that the application to vary the Premises Licence was completely separate to this application for a Shadow Licence.  She explained that the property owner wished to obtain a Shadow Licence to ensure that they could operate the Premises if Albert Schloss did not fulfil its agreement of taking over and operating the Premises.

 

Ms Sharkey referred to an application that the Committee’s considered and granted in November 2021.  She outlined that the Rainforest Café Premises Licence had never been surrendered because the works for the Sky Bar and Lounge had never been completed and therefore the Sky Bar and Lounge had never existed and/or traded. She added the property owner, had continued to operate the Rainforest Café under the existing 3am Premises Licence and not the ‘new’ restaurant Premises Licence granted up to 00:30 hours. 

 

Ms Sharkey explained that the property owner had now been approached by Albert Schloss, as a unique entertainment led operator, who wished to operate the Premises on the Ground floor and Basement.  She advised that she had sought pre- application advice from the Environmental Health Service who had suggested that Albert Schloss make an application to vary the layout of the existing Rainforest Café 3am existing Premises Licence and that the property owner, in order to protect their interests, apply for a Shadow Licence for licensable activities on the existing licence.  The Committee was advised that the Shadow Licence would protect the property owner if, for instance, Albert Schloss did not fulfil their agreement to invest in and operate the Premises.  The property owner would then continue to operate the existing Premises Licence which allowed licensable activities in the Basement and Sub-basement of the Premises. 

 

Ms Sharkey confirmed that the Shadow Licence application had been made on exactly the same terms as the existing Premises Licence.  She advised that the property owner was just asking the Committee to protect his legitimate commercial rights if the proposed tenant did not move forward and invest in the Premises.  She outlined that if the tenant did complete the works and operate the Premises the property owner would apply for a new Shadow Licence as the licensable activities would be for different locations within the Premises. 

 

Ms Sharkey referred to the Sky Bar and Lounge which was a completely different licensed Premises within the Trocadero.  She advised that the property owner was fully aware that they would need to offer up something of equal value if the Rainforest Café Premises Licence were no longer available to surrender to the Council.  She confirmed that a full variation application to the Council to amend the current conditions 65 and 66 that says that the Rainforest Café Premises Licence needs to be surrender would be made.  She further confirmed that until the conditions were amended the Sky Bar and Lounge would remain empty and dormant.

 

Ms Sharkey referred the Committee to paragraphs 46, 47, 51 and 57 of the Oyster Case Judgment contained at pages 31-49 of the Agenda Pack which advised that the property owner was entitled to apply for a Shadow Licence because they had a legitimate commercial interest in the Premises; especially as they had been operating the Premises for the past two years.  She advised that the Applicant was prepared to offer a condition that the Shadow Licence would not be used to activate the Sky Bar and Lounge Premises Licence. 

 

In response to questions from the Committee, Ms Sharkey advised that the Premises had three floors: Sub-Basement, Basement and Ground Floor and that currently only the Sub-Basement and Basement were licensed.  She explained that the Piccadilly Institute Premises was only relevant to the application made for the Sky Bar and Lounge and how she had made two minor variations after the grant of the application in November 2021 which had been refused.  She advised that if the variation to the Rainforest Café was granted licensable activities would take place on the Basement and Ground floors only.  She outlined that the property owner had been very keen to find an operator who had not wanted to operate the Premises as a nightclub but who wished to offer a variety of entertainment to customers. She added that Albert Schloss was a unique operator who offered a wide variety of entertainment, seven days a week.  She advised that the Metropolitan Police Force had looked into Albert Schloss and had been content with the operation of their other Premises which was why they had not made a representation against this application.

 

Ms Sharkey emphasised that the Sky Bar and Lounge Premises Licence was currently dormant and that if the property owner did ever want to use it, they would have to come back to the Licensing Committee to offer something of equal value to the Rainforest Café.  She confirmed that there was a ridiculous amount of building works to be completed first and that the operator who was going to take on the lease was no longer interested because of COVID. She advised that she was unable to discuss the Sky Bar and Lounge Premises any further as any future application would need to be determined on its individual merits under a separate application.   She outlined that if the property owner at that time was unable to surrender the Rainforest Café Premises Licence a full variation application would be made and the Responsible Authorities and the Interested Parties would be consulted on it.  She advised that today the Committee was dealing with the Rainforest Café as a current operating unit. 

 

Ms Sharkey confirmed that the property owner was not trying to add to cumulative impact in the West End but that he was actually trying to reduce it and had surrendered Premises Licences previously which had reduced capacity of different Premises by 1780 persons.  Ms Sharkey confirmed that the property owner had been operating these Premises for the past two years without complaint and that the Shadow Licence allowed the property owner to maintain a Premises Licence for the Basement and Sub-basement if the variation application was granted. 

 

Mr Kevin Jackaman (representing the Licensing Authority) advised that the Premises is located within the West End Cumulative Impact area and therefore it was for Members to be satisfied that there was an exception to the Council’s Licensing Policy.  He explained that the Licensing Authority were concerned that this Premises Licence had been agreed to be surrendered in the decision notice for the Sky Bar and Lounge and that if this Shadow Licence and the variation to the existing Premises Licence (next application) was granted the Premises would have numerous Premises Licences namely: the existing 3am Premises Licence, the Shadow Licence, the variation to the existing Premises Licence and the restaurant Premises Licence up to 00:30 hours. 

 

Mr Jackaman confirmed that the Licensing Authority would like to see Model Condition 97 be attached to the Premises Licence which states:

 

‘The shadow licence will not take effect when the current licence is in operation, or it lapses, is surrendered or revoked’

 

This would mean that the following Premises Licences (the existing Premises Licence and the Shadow Licence) would be subject to surrender once the Sky Bar and Lounge comes into effect/operation.  He advised that as it stands at the moment only the primary Premises Licence needs to be surrendered under the Sky Bar and Lounge decision notice.  There was nothing requiring the property owner to surrender the Shadow Licence and therefore that could effectively come into play.  He added the property owner could effectively surrender the primary licence and then use the Shadow Licence.  He emphasised that the Licensing Authority appreciated that the property owner was protecting his commercial interests, however if this condition were placed on the Shadow Licence it would fulfil what was agreed at the Licensing Committee in November 2021.

 

Mr Richard Brown, (Solicitor, Westminster’s Citizens Advice representing the Soho Society), advised that if this were just an application for a Shadow Licence and/or if there had been just one application for a variation to the existing Premises Licence then it was highly likely that agreement could have been reached outside of this Committee.  He advised, however, that as the two applications had been made together the situation was very confusing especially as it had previously been agreed that the existing Premises Licence for the Rainforest Cafe would be surrendered on the completion of works at the Sky Bar and Lounge Premises. 

 

Mr Brown advised that if this were purely a Shadow Licence then the Soho Society would have no problem with the grant of this application. However, if the variation to the existing Premises Licence was then subsequently granted an extra floor in the Premises would be allowed to operate licensable activities.  Mr Brown further advised that if the variation to the Premises Licence was the only application being considered the Soho Society may well have withdrawn their representation as the Operating Schedule was an improvement on the existing Premises Licence.

 

Mr Brown advised the Committee that the Premises had been operating during the last 2 years as a family restaurant with a closing time of 9.30pm so it was not surprising that it had been operating without incident.  He echoed the Licensing Authorities concerns regarding the numerous Premises Licences that the Premises would hold and confirmed that this Premises Licence should be surrendered if and when the Sky Bar and Lounge comes into effect.  He agreed with the Licensing Authority that a condition to this effect should be included on the Premises Licence.

 

Ms Sharkey advised there were no restrictions on the number of Premises Licences a Premises could hold in law.  She referred to paragraph 40 of the Oyster Case Judgement and further advised that the Licensing Act was intended to provide a more effective, more responsive and flexible system of licensing which did not interfere unnecessarily with businesses.  She emphasised that the property owner was entitled to apply for the Shadow Licence on exactly the same terms as the existing Premises Licence as he had a legitimate business interest to protect.  She confirmed to the Members that the property owner would not use the Shadow Licence to activate the Sky Bar Licence.  She further outlined that condition 65 contained in the Sky Bar and Lounge Decision Notice stated that the property owner would surrender the Rainforest Café on the satisfaction of the works completed and as the property owner could not satisfy that works condition the property owner was not going to surrender the Rainforest Premises Licence.

 

Mr Jackaman advised that a compromise be sought because there was no protection that the Shadow Licence would be surrendered unless there was a condition attached to the Shadow Licence.  He outlined that currently only the main existing Premises Licence needed to be surrendered which left the Shadow Licence operational. 

 

The Committee discussed with all parties how the Shadow Licence would be surrendered at the same time as the existing Premises Licence.   The Committee then adjourned for the parties to agree a suitable condition to be attached to the Shadow Licence. 

 

Mr Steve Burnett, Legal Advisor to the Licensing Committee, discussed the wording of the proposed condition(s) with all parties and made amendments, as necessary. All parties eventually agreed on the wording of the following conditions and that they be attached to the Shadow Premises Licence.

 

This shadow premises licence (PL No: XXXXXX or any subsequent Premises Licence for 20-24 Shaftesbury Avenue, London W1D 7EU) shall not take effect when the current premises licence (PL No: XXXXXX) or any subsequent Premises Licence for 20-24 Shaftesbury Avenue, London W1D 7EU is in operation, or in circumstances where the current premises licence is surrendered to satisfy condition 65 of PL21/06624/LIPN, or in any subsequent Premises Licence relating to Sky Bar and Lounge, Trocadero, 13 Coventry Street, London W1D 7DH. If the current Premises Licence is surrendered in such circumstances, then this Shadow licence shall not take effect and shall also be surrendered.

 

This shadow licence shall not take effect where the current Premises Licence (No: XXXXX) or any subsequent premises licence for 20-24 Shaftesbury Avenue, London W1D 7EU is revoked.

 

Conclusion

 

The Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application. It was noted by the Committee that the Metropolitan Police Service and Environmental Health Service had not made representations against the application. The only remaining representations were from The Licensing Authority and the Soho Society.

The Committee considering the evidence before it and the arguments advanced by Ms Sharkey in her submissions to the Committee considered Paragraph D20 of the Statement of Licensing Policy (SLP) and all other relevant parts of the SLP. 

Having carefully considered the matter and the need to promote the licensing objectives, the Committee decided to grant the application for a shadow premises licence. The Committee was persuaded that the application met the policy requirements under the SLP. The Committee has imposed all the conditions and considered it to be appropriate and proportionate to impose two conditions, (condition numbers 24 and 25) proposed by Ms Sharkey and agreed by all parties on the licence accordingly.

The Committee using its discretionary powers concluded that Paragraph D20 of the Policy had been met by the Applicant on the basis that this was an application for a shadow licence identical to the existing Premises Licence in terms of hours and conditions.

Having taken into account all the evidence and the individual circumstances of this case the Committee decided to grant the application. The Committee considered the conditions were proportionate and appropriate to ensure that the licence promoted the licensing objectives.

 

The Committee arrived at this decision based upon the merits of the application and the Applicant was the Landlord of the property who had been operating the Premises without complaint for the past two years. The Committee considered that the Applicant will uphold the promotion of the licensing objectives.

 

In reaching its decision, the Committee concluded that the conditions attached to the licence would alleviate the Licensing Authority and residents’ concerns and were appropriate and would promote the licencing objectives.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has 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:

 

Live music, performance of dance, anything similar (indoors)

 

Monday to Sunday:  from 09.00 until 03.00

 

Recorded music, (indoors)

 

Monday to Sunday:  from 00.00 until 00.00

 

LNR (indoors)

 

Monday to Saturday:  from 23.00 until 03.30

Sunday: from 23.00 to 03:00

 

Sale of alcohol (both)

 

Monday to Saturday:  from 10.00 until 03.00

Sunday: from 12.00 to 22.30

 

Hours Premises are open to the Public

 

Monday to Saturday:  from 09.00 until 03.30

Sundays: from 09.00 until 03.00

 

New Year’s Eve / New Year’s Day and commencement of British Summer Time as set out in the conditions.

 

2.     Relevant Mandatory Conditions to apply

 

3.     Conditions consistent with the operating schedule:

 

Conditions reproducing the effect of conditions subject to which the existing licences have effect:

 

Conditions related to Regulated Entertainment:

 

9. This licence is subject to all the former Rules of Management for Places of Public

Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.

 

10. On New Year's Eve the premises can remain open for the purpose of providing

regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day).

 

11. Notwithstanding the provisions of Rule of Management No. 6 the premises may remain open for the purposes of this licence from 23:00 on each of the days Sunday to Saturday to 03:00 on the day following.

 

12. An attendant shall be stationed in the shop the whole time that the premises are open to the public.

 

13. The number of persons accommodated at any one time (excluding staff) shall not exceed:

 

Basement - 470; Sub-Basement - 150.

 

Conditions Relating to the Sale of Alcohol

 

14. 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.

 

15. No gaming otherwise than by machines authorised under part III, Gaming Act, 1968.

16. No striptease, no nudity and all persons on the premises to be decently attired.

 

17. There shall be no payment made by or on behalf of the licensees to any person for bringing customers to the premises.

 

Conditions which reproduce the effect of any restriction imposed on the use of the premises by specified attachments

 

Monday to Saturday

 

18. (a) Subject to the following paragraphs, the permitted hours on weekdays shall

commence at 10:00 (12.00 on Christmas Day and Good Friday) and extend until 03:00 on the morning following, except that –

 

(i) the permitted hours shall end at 00:00 midnight on any day on which music and dancing is not provided after midnight; and

(ii) on any day that music and dancing end between 00:00 midnight and 03:00, the permitted hours shall end when the music and dancing end;

(b) In relation to the morning on which summer time begins, paragraph (a) of this condition shall have effect with the substitution of references to 04:00 for references to 03:00.

(c) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

(d) The permitted hours on New Year's Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00.00 on New Year's Eve.

 

NOTE - The above restrictions do not prohibit:

 

(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(e) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty's naval, military or air forces;

(g) the taking of alcohol from the premises by a person residing there;

(h) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(i) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

 

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

 

Sunday

 

19. Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.

 

In this condition, permitted hours means:

 

(a) On Sundays, other than Christmas Day or New Year's Eve, 12.00 noon to 22.30.

(b) On Christmas Day, 12.00 to 15.00 and 19.00 to 22.30.

(c) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 midnight on 31st December).

 

NOTE – The above restrictions do not prohibit:

 

(a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(f) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(h) the taking of alcohol from the premises by a person residing there;

(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

 

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

 

20. No person under fourteen shall be in the bar of the licensed premises during the

permitted hours unless one of the following applies:

 

(a) He is the child of the holder of the premises licence.

(b) He resides in the premises, but is not employed there.

(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

 

In this condition "bar" includes any place exclusively or mainly used for the

consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

 

21. If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of the premises licence (or the holder of the club premises certificate):

 

(a) to station and keep stationed wherever necessary a sufficient number of adult

attendants, properly instructed as to their duties, to prevent more children or other

persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,

(b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and

(c) to take all other reasonable precautions for the safety of children.

22. The terminal hour for late night refreshment on New Year's Eve is extended to 05.00 on New Year's Day.

 

Annex 2 Conditions consistent with the operating schedule

None

 

Conditions imposed by the Committee and agreed by the Parties 

 

24. This shadow premises licence (PL No: XXXXXX or any subsequent Premises Licence for 20-24 Shaftesbury Avenue, London W1D 7EU) shall not take effect when the current premises licence (PL No: XXXXXX) or any subsequent Premises Licence for 20-24 Shaftesbury Avenue, London W1D 7EU is in operation, or in circumstances where the current premises licence is surrendered to satisfy condition 65 of PL21/06624/LIPN, or in any subsequent Premises Licence relating to Sky Bar and Lounge, Trocadero, 13 Coventry Street, London W1D 7DH. If the current Premises Licence is surrendered in such circumstances, then this Shadow licence shall not take effect and shall also be surrendered.

 

25. This shadow licence shall not take effect where the current Premises Licence (No: XXXXX) or any subsequent premises licence for 20-24 Shaftesbury Avenue, London W1D 7EU is revoked.

 

 

This is the Full Decision reached by the Licensing Sub-Committee

This Decision takes immediate effect.

 

Licensing Sub-Committee

20 April 2023