Agenda item
John Snow, 39 Broadwick Street, W1F 9QJ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 20 July 2023
Membership: Councillor Robert Eagleton (Chair),
Councillor Md Shamsed Chowdhury
Councillor Karen Scarborough
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Daisy Gadd
Committee Officer: Sarah Craddock
Presenting Officer: Karyn Abbott
Other Parties: Niall McCann, Keystone Law (Solicitor for the Applicant),
Mr Samuel Smith (Director of the Applicant Company),
Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing Wendy Hardcastle of the Soho Society.
Application for a variation of a Premises Licence for John Snow, 39 Broadwick Street, London W1F 9QJ
Full Decision
Premises:
John Snow
39 Broadwick Street
London
W1F 9QJ
Applicant
Samuel Smith Southern
Ward
West End
Cumulative Impact Zone
West End
Special Consideration Zone:
None
Licensable Activities and Hours to be varied:
Late Night Refreshment (Indoors)
The terminal times on Fridays and Saturdays varied from 23.30 to 00.00.
From end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Retail Sale of Alcohol (Both)
The terminal times on Fridays and Saturdays varied from 23.00 to 00.00
From end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Opening Times
The terminal times on Fridays and Saturdays varied from 23.00 to 00.00
From end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Summary of Application
This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). The Premises operates as a public house. The Applicant is seeking to:
1. Extend all licensable activities (including opening hours) on Friday and Saturday until 00:00 hours.
2. To remove all conditions (numbered 9 to 11) currently attached to the Premises Licence and replace with updated conditions.
3. To add non-standard timings for all licensable activities (including opening hours) to extend for New Year's Eve. ‘From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.’
There is a resident count of 175
Representations Received
· PC Steve Muldoon (Withdrawn 14th July 2023 subject to the terminal time for the sale of alcohol being reduced by 30 min)
· One local resident
· The Soho Society
Issues raised by Objectors
Already a saturated the area with excessive licences with alcohol creating cumulative impact of noise level rendering the area unfit for children and unfit to live for adults both due to noise and unsafe area due to lack of police resources to control.
Objection to this application to extend the operating hours of this public house. This extension will fail to promote the licensing objectives and increase cumulative impact in the West End Cumulative Impact Zone.
The applicant has to demonstrate that there will be no increase in cumulative impact and promote the licensing objectives operating until midnight on Friday and Saturday the busiest nights of the week in Soho.
The additional hour will also result in more people being retained for longer in the area, a concern and raised within Cumulative Impact Policy.
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 and vandalism.
The level of crime, disorder and anti-social behaviour continues to be a huge problem in Soho, the crime figures are high and increasing.
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 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.
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.
Policy CIP(1) states:
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.
Policy HRS1 states
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.
Pubs and Bars Core Hours
Monday to Thursday: 10.00am to 11.30pm.
Friday and Saturday: 10.00am to Midnight.
Sunday: 12.00 pm to 10.30pm.
Sundays immediately prior to a bank holiday: 9am to Midnight.
SUBMISSIONS AND REASONS
Ms Karyn Abbott, the Presenting Officer, outlined the application to the Committee. She confirmed that the Metropolitan Police Service had now withdrawn their representation as the Applicant had agreed to reduce their application for the Sale of Alcohol by 30 minutes. She advised that two further representations had been received from Interested Parties and that the Premises situated in the West End Ward and falls within the Cumulative Impact Zone (CIZ).
Mr Niall McCann, Keystone Law (Solicitor for the Applicant), outlined the application along with Mr Sam Smith who was in control off the day-to-day operation. He advised that Mr Smith was one of the founding family and was in charge of the London Sam Smith pubs. He referred to his submissions at page 68 of the Agenda papers which had been considered by the Committee. He advised that there had been no complaints or allegations from local residents and/or the Responsible Authorities in respect of the Premises.
Mr McCann advised that the representations set out as their main points: the noise nuisance caused by pedicabs and anti-social behaviour and the criminal activity/gangs currently operating in the area. Mr McCann emphasised that the Applicant was not disputing these issues exists but did not accept that his Premises was the source or contributed to these issues.
Mr McCann advised that the Applicant had 17 Premises which were all traditional freehold pubs or long lease, and none had been Reviewed. He explained that Sam Smith pubs were unique in that they did not sell the usual mass market beers, spirits and snacks and that there were no TVs or music within the Premises. He added that customers tended to attend after the theatre and this extra 30 minutes would allow them to relax over their drink instead of having to rush to finish it before the pub had to close. He outlined how the Applicant was extending and promoting the food offer in all their Premises but especially pushing it within his London Premises. He added that this was not a venue for pre drinks before going to a late bar or nightclub. Mr McCann strongly stated that the representations set out the problem occurring within Soho and not these Premises.
Mr McCann advised that the Applicant had considered it prudent when making this application to update the conditions on the Premises Licence in line with the relevant Council’s model conditions which he hoped would alleviate local residents and the Soho Society’s concern. He further advised that the Applicant had agreed to decrease the terminal time for the use of the outside area from 11.30pm back to 11pm. He then reminded the Committee that the application complies with Westminster’s Pubs Policy in that applications within Core Hours will generally be granted subject to other policies relating to crime and disorder and public nuisance.
Mr McCann concluded by informing the Committee that this was a modest application with appropriate agreed, additional conditions. He emphasised that the application was not driven by profit but by the extreme pressure on both operational costs on one side and consumer confidence on the other and that the Premises did not add to the CIZ.
In response to questions from the Committee, Mr McCann confirmed that after discussions with the Metropolitan Police Service the Applicant had agreed to accept reducing 30 minutes on alcohol sales to provide half an hour drinking up time on Friday and Saturday evenings. He advised that the Premises had a simple and diverse dispersal policy which the Applicant was very happy to adopt and be conditioned as part of the Premises Licence. He emphasised that in terms of the CIA the Premises was reducing the number of people drinking outside of the Premises late at night which was actually reducing the potential noise nuisance caused by patrons just chatting and talking on the streets. He advised that the additional hour would mainly benefit the post-theatre crowd and allow them to have a quiet and relaxed drink before they made their way home.
Mr McCann outlined that the Premises Licence would now include the relevant Council’s Model Conditions: 20, 23, 26, 42, 58, 63, and 67 which included displaying prominent notices, providing a telephone number to local residents, waste collection, smoking area(s), staff training and a dispersal policy. He confirmed that the Applicant had a Pavement Licence. He added that as a pub there was no capacity condition placed on the Premises Licence and emphasised that there had never been any queuing to get into the pub.
Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing the Soho
Society) informed the Committee that this was a straightforward application and
there were no issues with how the Premises operated. He advised, however, that
the pub was located in the CIZ and although there was no presumption to refuse
the application, the Applicant must show that the application would not add to crime and disorder or public nuisance and must be assessed on its own merits.
Mr Brown referred the Committee to the Soho Society’s representation and in particular to the statement that crime levels are now higher than the pre-pandemic levels and the sleep survey which found that 59% of residents were woken 3 to 4 times per night. He advised the Committee that the application by the increase in trading hours must add to CIZ, even though it was a modest application and 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 it was still a vertical drinking operation and this must be a factor in the Committee’s consideration. He added that there were also concerns that the grant of this application would be used in support of other applications from the Applicant.
Mr Brown explained that where there were a large number of licensed Premises there would be a cumulative impact effect which would eventually lead to high levels of crime and disorder and public nuisance (if not controlled) and this was what was happening in Soho right now. He emphasised that it was not often an individual Premises operating in a harmful way but an accumulation of people attending an specific area that created problems. He advised that it was for Mr McCann to demonstrate that this application would not have an impact on the CIZ especially as the Police’s crime figures/stats indicate that from 21:00 hours crime and disorder significantly increases within the CIZ. Mr Brown quoted PC Muldoon who stated in the report that ‘the crime levels in Soho are astronomically high and the Police are struggling to cope.’
Ms Wendy Hardcastle (representing the Soho Society) advised that the Soho Society loved the pub, its history and longevity however they also supported local residents in densely populated areas in Soho from public nuisance. She echoed Mr Brown’s submission especially regarding the Sleep Survey and set out that it was becoming increasingly difficult for people to live in Soho because of the constant noise and anti-social behaviour that was increasingly evident in the area. She advised how the pavements were regularly blocked by patrons standing outside of the pub drinking and outlined how Councillor Lilley, (Ward Councillor for the West End) had been quite shocked at how congested the pavement had and had gone in to speak to the manager about the issue.
Ms Hardcastle advised that every single extension added to the CIZ and the problems in Soho. She outlined that having a drinking up time did not necessarily mean less drinking as a patron could order a double/two drinks to consume in that 30 minute period. She emphasised that many residents were seriously considering moving away from Soho because the situation was becoming intolerable. She advised that she had been very disappointed that the Metropolitan Police Service had withdrawn their representation. However, their data clearly set out the very high crime figures in Soho. She strongly added that it was not just about this application/Premises but the surrounding streets She requested that the Committee consider the health and well-being of the residents and refuse this application on the grounds of cumulative impact.
In response to questions from the Committee, Mr Brown advised that attaching the updated conditions to the Premises Licence was both helpful and appreciated but it did not address the wider cumulative impact concerns of local residents and the Soho Society. He emphasised that this was especially so because this application was for an extension for vertical drinking in the West End Cumulative Impact Area. He confirmed that he did not consider that the addition of these conditions would mitigate even a small extension to the sale of alcohol.
Mr Steve Burnett, Legal Advisor to the Committee, advised that the application was within the Council’s Core Hours Policy and these types of applications would generally be granted subject to other policies relating to crime and disorder, public nuisance and consideration of the four licensing objectives. This was confirmed by the Policy Officer, Ms Gadd.
Mr Burnett, Legal Adviser to the Licensing Committee, discussed the wording of the agreed proposed conditions (if the application is granted), with all parties.
During his summing up, Mr McCann advised that the Premises Licence would include a condition for CCTV and further conditions that would tighten controls in all aspects of the Premises.
He emphasised that the Police had withdrawn their representation and that the other Responsible Authorities had not made representations nor had there been any complaints made by them or local residents. He concluded by informing the Committee that this was a modest application with appropriate agreed, additional conditions.
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.
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 has 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.
The Committee had regard not only to the written and oral evidence but also to the Act, The Guidance under section 182 of the Act and Westminster’s Statement of Licensing Policy, in the main, CIP1, PB1 and HRS1.
It is noted that ‘’it is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for pubs and bars other than applications to vary the hours within Core Hours’’ under Policy HRS1 which is the case in this application. This must be balanced with the policy that ‘’Applications within the core hours will generally be granted subject to not being contrary to other policies in the Statement of Licensing Policy.’’
The Applicant does not seek to increase the capacity of the Premises or increase the hours to beyond core hours. Indeed, the new conditions and restriction on the use of the outside area reduces the risk of the Premises adversely affecting the Licensing Objectives and directs control not only on customers inside the Premises who will subsequently leave but also on customers using the outside area. The Committee accepts that the nature of trade at the Premises would not necessarily attract patrons wanting late pre club/bar drinks. The premises provides its own brand of beers and seeks to retain their existing clientele. It does not provide TV, live or recorded music.
It is accepted that any increase, no matter how small, in trading hours is likely to add to the Cumulative Impact by retaining patrons in the area for longer. However, this must be balanced with policy that ‘’applications within the core hours will generally be granted subject to not being contrary to other policies in the Statement of Licensing Policy’’, the nature of the operation, the history of issues emanating from the operation of the Premises, the appropriateness of the agreed conditions and the evidence given during this hearing.
Indeed, it was noted that the Police had withdrawn their representation and that no representation had been made by the or Environmental Health Service or the Licensing Authority, the Committees own experts on crime and disorder and public nuisance.
It is also noted that, conditions have also been offered which promotes the licensing objectives, including a reduction in the terminal time for the use of the outside area. Old, otiose conditions converted from the Licensing Act 1964, have been deleted and updated with conditions which are appropriate and proportionate to ensure that the licence promoted the licensing objectives.
Despite the representations that any minor increase in hours, albeit hours within Core Hours ‘’must’’ add to Cumulative Impact in an area, the Committee has confidence that on balance, in this case, based on the evidence and lack of representations from the Authorities, this application can be granted.
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, to grant permission to:
1. Vary:
Late Night Refreshment (Indoors)
Fridays and Saturdays - 23.00 to 00.00.
From end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Retail Sale of Alcohol (Both)
Fridays and Saturdays from 10.00 to 23.30
From end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Opening Times
Fridays and Saturdays from 10.00 to 00.00
From end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
2. Apply relevant Mandatory Conditions.
3. Delete current conditions 9, 10 and 11.
4. Add agreed conditions consistent with the operating schedule and imposed at hearing:
12.
(a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.
(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 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 is 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. 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. No drinks to be taken outside after 23.00 hours.
16. All outside tables and chairs shall be rendered unusable by 23.00 hours each day.
17. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
19. 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.
20. 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.
21. 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.
22. 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.
23. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
24. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
Conditions proposed at Hearing and agreed as being appropriate and proportionate.
26. 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.
27. 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.
28. 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.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
20 July 2023
Supporting documents:
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John Snow Report_Redacted, item 2.
PDF 2 MB - Restricted enclosure View the reasons why document 2./2 is restricted
- Restricted enclosure View the reasons why document 2./3 is restricted