Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	Red Lion Public House 14 Kingly Street W1B 5PR	Premises Licence Variation	23/03518/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 31 August 2023

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Tim Mitchell

 

Officer Support:       Legal Adviser:                    Horatio Chance

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Emanuela Meloyan

 

Other Parties:          Mr Niall McCann (Solicitor, Keystone Law) on behalf of Mr Samuel Smith (PLH), Mr Adrean Georgiou (Area Manager), Ms Jessica Donovan (Licensing Authority), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing The Soho Society) and Ms Marina Tempia (Soho Society).

 

Application for a Variation of Premises Licence in respect of Red Lion Public House 14 Kingly Street London W1B 5PR 23/03518/LIPV

 

Full Decision

 

Premises

 

Red Lion Public House

14 Kingly Street

London

W1B 5PR

 

Premises Licence Holder (“PLH”)

 

Samuel Smith (Southern)

 

Ward

 

West End

 

Cumulative Impact Area

 

West End Cumulative Impact Zone (“West End CIZ”)

 

Special Consideration Zone

 

N/A

 

 

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises currently operates as a Pub and has had the benefit of a premises licence since August 2005.

 

The current premises licence (22/10166/LIPDPS) can be viewed at Appendix 1 of the agenda report. A full licence history and Temporary Event Notice history for the

Premises appears at Appendix 3.

 

The PLH has proposed thirteen new conditions to replace the historic conditions found on the licence. These can be found at 1D and Appendix 4. The PLH has provided additional submissions in relation to the background of the Premises, menus, photographs, and a dispersal policy. These can be found at Appendix 2.

 

The Premises are located both within the West End Ward and West End Cumulative Impact Zone. There is no policy presumption to refuse applications inside the West End CIZ where hours are to vary the existing licensed hours for public houses within core hours. There is a resident court of 11.

 

The variation seeks the following:-

 

• To extend all licensable activities (including opening hours) on Friday and Saturday by an additional 30 minutes, whilst remaining within the Council’s core hours.
• To remove all non-mandatory conditions currently attached to the Premises Licence and replace with updated conditions. These can be found in 1D and Appendix 4.
• 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.’

                                                                          

Representations Received

 

• The Licensing Authority (Kevin Jackaman).
• The Soho Society.

 

Summary of Objections

 

• The Licensing Authority note that the proposed variation does fall within Westminster’s core hours for Pubs and Bars. 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.
• The Licensing Authority encourages the applicant to provide further submissions as to how the increase the terminal hour of Friday and Saturday evenings will not add to cumulative impact in the West End cumulative impact area, in accordance with policy CIP1. The Licensing Authority would like submissions from applicant in regard to the above questions so the application can be accessed further against any further relevant policy considerations. The Licensing Authority looks forward to receiving further submissions from the applicant in due course.
• We write to make a relevant representation to the above application on behalf of The Soho Society. We object to this application to extend the operating hours of this public house to 12am on Friday and Saturday. This extension will fail to promote the licensing objectives and will increase cumulative impact in the West End Cumulative Impact Zone. The premises are within Soho, an area at the heart of the West End’s entertainment district, with its 482 licensed premises which include a large proportion of late night 119 (25%) licensed premises with a terminal hour between 1am - 6am and a capacity of 22,560. There are over 200 restaurants, 39 bars, 46 pubs, 31 clubs (including members clubs) and entertainment premises. The area is densely populated at night with people on a night out creating loud levels of noise, thus causing disturbance, alongside increasing crime rates, disorder and anti-social behaviour.
• The applicant acknowledges the pub is situated within the West End Cumulative Impact Zone and highlights the Pubs and Bars Policy PB1 which states the policy is to refuse a variation of hours but it does not apply when they are within core hours. However, the applicant still has to demonstrate that there will be no increase in cumulative impact and will promote the licensing objectives. We find it difficult to believe how a pub selling alcohol to 11.30pm and closing at midnight on Friday and Saturday, the busiest nights of the week in Soho, will not increase cumulative impact. Considering the high and increasing crime rates in the area and the noise disturbance already experienced by residents who live on Soho’s streets, it is clear this application should be refused.

 

Policy Considerations

 

Policies CIP1, HRS1 and PB1 apply under the City Council’s Statement of Licensing Policy (“SLP”).

 

Policy 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.

 

Policy HRS1

 

A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:

1. The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.

3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.

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

5. The proposed hours when any music, including incidental music, will be played.

6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.

7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.

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

9. The capacity of the premises.

10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.

11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.

12. Conditions on hours may be attached that require that the supply of

alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.

13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.

14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into

account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.

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.

D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.

E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.

Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.

 

Policy PB1 (B)

 

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.

 

 

SUBMISSIONS AND REASONS

 

Ms Emanuela Meloyan, the Presenting Officer, outlined the application to the Sub-Committee. She advised that the Licensing Authority and Soho Society had maintained their representations and that the Premises were situated within the West End Ward and falls within the West End CIZ.

 

Mr Niall McCann of Keystone Law and Solicitor for the PLH outlined the application along with Mr Adrean Georgiou (Area Manager). He referred to his submissions at page 29-47 of the agenda papers which had been considered by the Sub-Committee. He advised that there had been no complaints or allegations from local residents and/or the Metropolitan Police Service or Environmental Health Service in respect of the Premises.

 

Mr McCann advised that the representations set out 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 PLH  was not disputing these issues exists but did not accept that this Premises was the source or contributed to these issues.

 

Mr McCann advised that the PLH 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 stated that the PLH was extending and promoting the food offer in all their premises but especially pushing it within its London Premises and that this particular pub had a dedicated floor offer on its first floor. He added that this was not a venue for pre drinks before going to a late-night bar or nightclub. Mr McCann stated strongly that the representations set out the problems occurring within Soho generally and therefore not attributable to these Premises.

 

Mr McCann advised that the PLH 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 the Licensing Authority, and the Soho Society’s concerns. He further advised that the PLH had agreed to decrease the terminal time for the use of the outside area from 23:30 back to 23:00. He then reminded the Sub-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 and that the Premises did not add to the West End CIZ.

 

In response to questions from the Sub-Committee, Mr McCann confirmed that in terms of the CIZ 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 30 minutes would mainly benefit the post-theatre crowd and allow them to have a quiet and relaxed drink before they made their way home.

 

Ms Jessica Donavan appearing on behalf of the Licensing Authority addressed the Sub-Committee. She stated that representation had been maintained as the Premises was located within the West End CIZ but emphasised that the hours however, were within the Council’s Core Hours Policy and there was no presumption to refuse the application so it was for the Sub Committee to consider whether the request for the additional 30 minutes for the sale of alcohol would add to the West End CIZ.

 

Mr Richard Brown appearing on behalf of the Soho Society addressed the Sub-Committee. He advised that this was the third application from the Samuel Smith group for an increase in the supply of alcohol in their pubs located in the CIZ. He added that although there was no presumption to refuse the application, the Applicant must nevertheless 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 Sub-Committee to the Soho Society’s representation and in particular to the statement that crime levels are now higher than the pre-pandemic levels. He emphasised that it was for Mr McCann to demonstrate that this application would not have an impact on the West End CIZ especially as the Police’s crime figures/stats have indicated in pervious applications that from 21:00 hours crime and disorder significantly increases within the area.

 

Ms Marina Tempia representing the Soho Society addressed the Sub-Committee. She advised that the photograph shown of the pub/area at the hearing was one that had been taken during the morning as by lunch time the area was packed with tables and chairs so it was extremely hard to walk down the street on the pavement. She advised that every single extension added to the CIZ and the problems in Soho and that many residents were seriously considering moving away from Soho because the situation was becoming intolerable. She advised that she had been extremely disappointed that the Metropolitan Police Service had not made a representation because of the high crime and disorder that was currently occurring in Soho. She considered that the Sub-Committee 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 the Soho Society. He emphasised that this was especially so because this application was for an extension for vertical drinking in the West End CIZ. 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 Brown suggested that a no new entry condition beyond a certain time be attached to the Premises Licence.

 

Mr Horatio Chance, 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.

 

Mr Chance suggested that if the application is granted the Council’s Model Condition MC24 (providing a direct telephone number to local residents) be attached to the Premises Licence and all parties agreed to this.

During his summing up, Mr McCann advised that the PLH did not wish to have a condition restricting entry beyond a certain time because the Premises was a pub operating within the Council’s Core Hours Policy and not a nightclub.  He emphasised that there had been no representations made from the Police and Environmental Health Service nor had there been any complaints made by them or local residents. He added that the Licensing Authority were also satisfied with the application. He concluded by informing the Sub-Committee that this was a modest application with appropriate agreed, additional conditions and on that basis the application should be granted accordingly.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application.

 

The Sub-Committee noted that the Premises is located within the West End CIZ and so there is no policy presumption to refuse an application for a variation within core hours.

 

The Sub-Committee noted the comments made by the Soho Society in relation to potential “creep effect” but the role of the Sub-Committee is not to pre-suppose what the PLH might or might not do in the future in respect of any further increase in hours. Accordingly, this Decision is in no way intended to sway, influence or considered binding on any future decision making by another Sub-Committee as any future application/s submitted by the PLH must be considered on their own merits.

 

The Sub-Committee acknowledged and accepted that the nature of trade at the Premises would not necessarily attract patrons wanting late pre club/bar drinks as it was stated by the PLH that the rationale for the variation application was to cater for the post theatre goers/tourists and furthermore the general environment of the Premises lent itself to being a relaxed one where it promoted stimulus conversation amongst its patrons. As a result, the Premises provides its own brand of beers and seeks to retain their existing clientele. It does not provide TV, live or recorded music and this concept was considered a unique quality and selling point offered by the Premises in the sense of a traditional pub.

 

The Sub-Committee noted that the PLH does not seek to increase the capacity of the Premises or increase the hours to beyond core hours but noted the extended hours was for opening and apply for late night refreshment and the sale by retail of alcohol to 30 minutes before on Friday and Saturday nights. 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 Sub-Committee welcomed the Premises use of a Dispersal Policy as this would help ensure the smooth running of the Premises particularly at the terminal hour when the Premises closes and patrons leave the Premises thereby minimising the risk of nuisance. The requirement of a dispersal policy is now conditioned on the premises licence.

 

It was noted by the Sub-Committee what the global effects granting such an application would have on the promotion of the licensing objectives but given where the Premises is located the mitigation advanced, and conditions offered by the PLH in order to update and future proof the licence are all pertinent matters that will help mitigate the concerns by those who had objected to the application.

 

The Sub-Committee had regard to the Cumulative Impact Policy CIP1 on page 25 at Paragraphs A-D of the SLP which states:-

 

‘’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.’’

 

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.

 

The Sub-Committee noted that both the Metropolitan Police Service and Environmental Health Service had not made a representation who are considered the Experts on crime and disorder and public nuisance and that the Licensing Authority was satisfied with the application.

 

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, 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 and future proof the licence going forward.

 

 

Despite the representations that any minor increase in hours, albeit hours within Core Hours ‘’must’’ add to Cumulative Impact in an area, the Sub-Committee has confidence that on balance, in this case, based on the evidence and lack of representations from the two of the Responsible Authorities referred to above the correct decision was for the application to be granted.

 

The Sub-Committee was persuaded that the application met the policy requirements under policies CIP1, HRS1 and PB1 (B). The Sub-Committee has imposed as an additional condition, Model Condition (MC24) requiring the Premises to provide a telephone number and considered all of the conditions to be proportionate and appropriate to promote the licensing objectives. It was not considered appropriate for a last entry condition to be imposed on the licence for this particular type of Premises.

 

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 to extend within Westminster’s core hours all licensable activities and opening hours on Friday and Saturday by an additional 30 minutes.

 

2.        To grant permission to remove all non-mandatory conditions from the premises licence and replaced with updated conditions as specified below.

 

3.        To grant permission to add non-standard timings for all licensable activities including opening hours to extend for New Year’s Eve to read: “From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

4.        That the Licence is subject to any relevant mandatory conditions.

 

5.        That the existing conditions on the licence shall remain in full force and effect save as otherwise varied as specified below and numbered 6-20.

 

6.       (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.

 

7.        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.

 

8.        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.

 

9.        No drinks to be taken outside after 23.00 hours.

 

10.      All outside tables and chairs shall be rendered unusable by 23.00 hours each day.

 

11.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

12.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

13.      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.

 

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.      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.

 

16.      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.

 

17.      No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.

 

18.      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.

 

19.      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.

 

20.      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.

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

31 August 2023