Agenda item
Duke of Argyll Public House, 37 Brewer Street, W1F 0RY
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 1 June 2023
Membership: Councillor Angela Piddock (Chair),
Councillor Md Shamsed Chowdhury and Councillor Jacqui Wilkinson.
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Emanuela Meloyan
Other Parties: Niall McCann, Keystone Law (Solicitor for the Applicant), Mr Samuel Smith Director of the Applicant Company, Samuel Smith (Southern), PC Tom Stewart (Metropolitan Police), Mr Kevin Jackaman (Licensing Authority), Mr Anil Drayan (Environmental Health Authority), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing Jane Doyle of the Soho Society
Application for a Variation of a Premises Licence for the Duke Of Argyll Public House, 37 Brewer Street, London W1F 0RY - 23/01986/LIPV
Premises:
Duke Of Argyll Public House,
37 Brewer Street,
London W1F 0RY
Applicant
Ward
West End
Summary of Application
This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). The Applicant is seeking to vary the terminal hour for Late Night Refreshment, the Sale of Alcohol, and the opening hours from 23.00 (Sale of alcohol) and 23.30, to 00:00 on Friday and Saturdays.
The Applicant’s submissions can be found at page 3 of the additional bundle and a dispersal policy at page 23.
Cumulative Impact Zone
West End
Special Consideration Zone:
None
There is a resident count of 235
Variation of Licensable Activities and Hours
Late Night Refreshment
Friday and Saturday 23.00 to 00.00 (Currently - 23.00 to 23.30)
Retail Sale of Alcohol (Both)
Friday and Saturday 10.00 to 00.00 (Currently - 10.00 to 23.00)
Hours Premises are open to the Public
Friday and Saturday 10.00 to 00.00 (Currently - 10.00 to 23.30)
Representations Received
· Karyn Abbott (Licensing Authority)
· Anil Drayan (Environmental Health Services)
· PC Tom Stewart (Metropolitan Police)
· Margaret Bloomer (Resident)
· Tamer Ali (Resident)
· Marina Tempia (On behalf of the Soho Society)
Issues raised by Objectors
The proposed increase in hours for the Supply of Alcohol ‘On’ and ‘Off’ the premises may lead to an increase in Public Nuisance in the area.
The proposed increase in hours for Provision of Late-Night Refreshment may lead to an increase in Public Nuisance in the area.
Due to the location of the premises within the CIZ, the Police have concerns that the extra hour of alcohol consumption may add to existing crime and ASB within the immediate area.
The police request that the sale of alcohol is reduced to 23:30. With a closing time of 00:00, this would allow for a ‘drinking up period’ and help to reduce the levels of intoxication as well as assist with the dispersal of customers.
Noise - increasingly a problem for residents. More disturbed sleep. Car doors slamming as patrons leave premises. Screaming/shouting. Pedicabs with boom boxes. Drug dealers hanging around in cars with loud music playing outside venues late at night. Street urination and vomiting. Anti-social drunken behaviour eg: graffiti and vandalism
As this pub has deliveries on Sunday from the brewery generally after closing. I would like to know if this would make their deliveries even later due to their later opening hours & therefore causing a disturbance of noise.
The current off sales provision which will allow patrons to stand outside drinking on the street until midnight. The additional hour will also result in more people being retained for longer in the area, a concern and raised within Cumulative Impact Policy.
This pub is situated in an area with a large number of residential properties on Brewer Street and Gt. Windmill Street.
Policy Considerations
Policy PB1(B) states
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 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.
The Core hours for Pubs and Bars are:
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.
SUBMISSIONS AND REASONS
1. Ms Roxsana Haq, the Presenting Officer, outlined the application to the Committee.
2. Mr McCann attended the hearing with Sam Smith who is in control off the day-to-day operation. He referred to his submissions which had been considered by the Committee. He confirmed two amendments, namely that it has been agreed that the sale of alcohol will cease 30 mins before the Premises closes and that they will now accept model condition 34 that rubbish will be presented 30 min before collection. The Committee was informed that there are no collections on Sundays.
3. Mr McCann understand the Policy issues raised by the Police and Residents Society and the fact that there are criminal issues in the area is not disputed but it is not accepted that this Premises is the source.
4. The Applicant has 17 premises which are traditional pubs and are all freehold or long lease. None have been reviewed.
5. The Committee was advised that there are no TVs or music in the Premises. Customers tend to attend after the theatre. This is not a venue for pre drinks before going to a late bar or nightclub. Mr McCann stated that the representations are a problem with Soho not the Premises.
6. The Applicant has agreed to decrease the terminal time for the use of the outside area and reminded the Committee that this application is to be decided on its own merits.
7. In response to questions from the Members, Mr McCann confirmed that the capacity of the restaurant is 60 but there was no capacity limit on the ground floor pub area but during refurbishment, the pub capacity was reduced as a result of increasing the size of the bar during refurbishments. The Committee was also informed that employees were provided with accommodation at the Premises, which prevents the addition to the CIZ and improves the safety of staff once the Premises closed.
8. Mr McCann stated that the extra 30 min would allow their existing customers time to finish off their drinks. I relation to waste, all bottles are packaged and recycled but Biff, waste removers had let them down. Mr McCann confirmed that they will accept Westminster Model Condition 34 and 35.
9. Mr Jackaman on behalf of the Licensing Authority stated their representation is based on policy as the premises is located in the Cumulative Impact Zone (CIZ) and although the hours are within Core and there is no presumption to refuse, there is still a potential for a capacity of up to 110 to be retained in the area. However, Mr Jackaman confirmed that this is on the lower end of applications affecting the CIZ.
10.Mr Drayan of the Environmental Health Services maintained their representation to assist the Committee. He confirmed there are no issues at the premises in relation to the Licensing Objectives. He did have concerns about waste management, but conditions have been accepted to address those issues.
11.In response to the Members, Mr Drayan confirmed that the sale of alcohol ended at closing time. Mr McCann agreed to a reduction of the sale of alcohol by 30 min to permit drinking up time.
12.PC Stewart on behalf of the Metropolitan Police Services informed the committee that the area is densely populated and agreed the Premises does not cause concerns and not have TVs or music. However, the police have concerns that this is an additional 30 min which will allow customers to be more intoxicated and crime hits a peak at 00.00. He welcomes the conditions added and drinking up time.
13.The Committee was informed by PC Stewart that despite the modest increase and being at the lower end of risk, it would have an impact on the CIZ.
14.Mr Brown informed the Committee that this was a straightforward application and there are no issues with how the Premises operates. However, the pub is in the heart of the CIZ and although there is no presumption to refuse the application, the Applicant must show that the application will not add to crime and disorder or public nuisance and must be assessed on its own merits.
15.Mr Brown referred the Committee to the Soho Society’s representation and in particular to the statement that crime levels now are higher than the pre-pandemic levels and the sleep survey which found that 59% of residents are woken ¾ times per night. He advised the Committee that Soho attracts the younger crowds, and the application must add to CIZ, even though it is not at the higher end of the scale. This means that the application is contrary to Policy despite there being no problems at the Premises and the Premises being well managed. He asserted that vertical drinking and this must be a factor. There are also concerns that the grant of this application will be used in support of other applications from the Applicant.
16.Mr McCann emphasised to the Committee that Westminster’s ‘pubs Policy for applications withing Core Hours will generally be granted subject to other policies relating to crime and disorder and public nuisance. The Policy Officer confirmed that the Policy make consideration of the four licensing objectives paramount. CIZ is still a relevant consideration. Although in this application it is a lesser bar, CIZ is a valid concern to consider.
17.Mr McCann concluded by informing the Committee that this is a modest application with appropriate agreed, additional conditions. This application is not driven by profit and the operation does not add to the CIZ.
DECISION
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.
This Decision is in no way intended to sway or influence any future decisions in relation to applications submitted by this Applicant. This Decision is not to be considered as persuasive or restrictive on the decision making process of other Sub-Committees. Other applications from the Applicant will be decided on their own merits.
Having carefully considered the matter and the need to promote the licensing objectives, the Committee decided to grant the application. The Committee was persuaded that the application met the policy requirements. The Committee has imposed additional conditions and considered them to be proportionate and appropriate to promote the licensing objectives.
In particular the Committee had regard to the Act, The Guidance and Westminster’s Statement of Licensing Policy, PB1 and Core Hour. It was noted the operation of the Premises had not attracted adverse complaints to the Police or Environmental Health Service. The operation of the Premises does not include background, live or recorded music or the use of televisions.
Conditions have also been offered which promotes the licensing objectives, including a reduction in the terminal time for the use of the outside area. The Committee was also impresses with the facility provided to employees at the premises.
The Committee arrived at this decision based upon the merits of this application and the written and oral evidence.
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:
Late Night Refreshment
Friday and Saturday 23.00 to 00.00
Retail Sale of Alcohol (Both)
Friday and Saturday 10.00 to 23.30
Hours Premises are open to the Public
Friday and Saturday 10.00 to 00.00
2. Mandatory Conditions to apply
3. Conditions consistent with the operating schedule:
9. A designated taxi number shall be available.
10. A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.
11. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to nuisance.
12. 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. 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.
13. 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.
14. There shall be no striptease or nudity, and all persons shall be decently attired at all times.
15. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises be the police or an authorised officer of the City Council at all times whilst the premises is open.
16. Deliveries and bottle collections shall not be undertaken between the hours of 22:00 and 07:00.
17. The maximum number of persons accommodated in the first floor at any one time shall not exceed 60 persons (excluding staff)
18. Substantial food and non-intoxicating beverages, including drinking water, shall be available until 22:00 in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
19. Except in an emergency, customers shall not use the entrance / exit door situated immediately next to number 25 Great Wimpole Street.
20. A notice shall be prominently displayed on the promises so that it can be read from outside the premises to the effect that customers must not drink or smoke in front of or obstruct any residential doorways.
21. There shall be no sales of alcohol for consumption off the premises after 23.00 hours.
22. Patrons shall not be permitted to consume drinks outside the premises after 23.00 hours.
23. The Premises shall comply with a written dispersal policy and all customer facing staff shall be trained in respect of that policy. A copy of the premises’ dispersal policy and record of training shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
24. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
25. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
26. No waste or recyclable materials shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day. Unless done during Westminster City Council’s own refuse collection times.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
1st June 2023
Supporting documents:
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Duke of Argyll report_Redacted, item 1.
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