Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 1 February 2024
Membership: Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Melvyn Caplan
Officer Support Legal Advisor: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Jonathan Deacon
Presenting Officer: Roxsana Haq
Others present: Mr Alun Thomas (Thomas and Thomas, representing the Applicant), Ms Jessica Donovan (Licensing Authority), Ms KudzyMondhlani (Environmental Health Service)and PC Steve Muldoon (Metropolitan Police Service)
Application for a New Premises Licence in respect of 31 Wardour Street London W1D 6PT 23/07475/LIPN
FULL DECISION
Summary of Application
The Sub-Committee has determined and application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 31 Wardour Street London W1D 6PT. The Premises intends to operate as a shop/café. Previously a premises licence was in place at the Premises (07/10675/WCCMAP) however this was surrendered on 31 July 2023. A copy of this licence can be seen at Appendix 3 of the agenda report.
A summary of the Applicants proposals can be seen at Appendix 2.
The Premises are located within the West St James’s Ward and the West End CIZ. There is no policy presumption to refuse applications for a shop premises inside the West End CIZ provided that they do not undermine the licensing objectives. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
Representations were received from the Licensing Authority, Environmental Health Service and Metropolitan Police Service all citing concerns regarding public nuisance and crime and disorder.
There is a resident count of 72.
Premises
31 Wardour Street
London
W1F 6PT
Applicant
Shaftesbury CI Limited
Cumulative Impact Area
West End Cumulative Impact Zone (“West End CIZ”)
Activities and Hours
Late Night Refreshment (Indoors)
Monday to Sunday: 23:00 to 05:00
Sale by Retail of Alcohol (Off the Premises)
Monday to Saturday 08:00 to 23:00
Sunday 10:00 to 22:30
Seasonal variations: On weekdays, other than Christmas Day 08:00 to 23:00, On Sundays, other than Christmas Day 10:00 to 22:30. On Christmas Day 12:00 to 15:00 and 19:00 to 22:30 On Good Friday 08:00 to 22:30.
Opening Hours of the Premises
Monday to Saturday: 08:00 to 05:00
Sunday: 10:00 to 05:00
Seasonal variations: The premises may open for the sale of alcohol from the terminal hour on New Year’s Eve through to the commencement time on New Year’s Day.
Representations Received
Summary of Representations
Policy Considerations
Policies HRS1 and SHP1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
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:
11a.Shops (all licensable activities that are provided as
ancillary to the primary use of the premises as a shop except
the off sale of alcohol)
Monday to Thursday: 9am to 11.30pm.
Friday and Saturday: 9am to Midnight.
Sunday: 9am to 10.30pm.
Sundays immediately prior to a bank holiday: 9am to Midnight.
11b.Shops (off-sales of alcohol where it forms either the
Ancillary or primary use of the premises)
Monday to Saturday: 8am to 11pm.
Sunday: 9am to 10.30pm.
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 SHP1
B. Applications for a shop inside the West End Cumulative Impact
Zone will be considered on their own merits and subject to:
1. The application meeting the requirements of policies CD1, PS1,
PN1 and CH1.
2. The hours for licensable activities are within the council’s Core
Hours Policy HRS1.
3. The operation of any delivery services for alcohol meeting the
council’s Ancillary Alcohol and/or Late-night Refreshment
Delivery Service Policy DEL1.
4. The applicant having demonstrated that they will not add to
cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition
of a shop in Clause C.
C. For the purposes of this policy:
1. A shop is defined as a stall, vehicle, vessel, temporary structure,
building or part of a stall, vehicle, vessel, temporary structure or
building where the primary activity is the sale of goods or services to
customers upon payment.
2. The licensable activities for the sale of alcohol for consumption on
the premises, regulated entertainment and/or late night refreshment
must be ancillary to the primary use of the premises as a shop.
3. The licensable activity of the sale of alcohol for consumption off
the premises must be an ancillary function to the primary use of the
premises unless that primary use is to sell alcohol for consumption
off the premises, e.g. a traditional off licence.
Submission and Reasons
Conclusion
24.The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the matter.
25.The Sub-Committee had regard not only to the written and oral evidence but also to the requirements of the Act, The Home Office Guidance issued under section 182 of the Act and the City Councils SLP in the main policies HRS1 and RNT1.
26.The Premises operated as a shop under Policy SHP1 and so there is no policy presumption to refuse an application of this type provided that the licensing objectives are not undermined.
27.The Sub-Committee, having carefully considered the circumstances relating to the reasons for the application, decided to GRANT the application, subject to conditions. It was considered that the application was appropriate for the area and that it would not add to cumulative impact because the previous premises licence would have been transferred had the Applicant been correctly notified within the 28 day window of the former licence holder’s surrender of the licence and the application was in fact to reinstate what was previously there and so would not add to cumulative impact in the West End CIZ.
28.The Sub-Committee decided to attach the conditions that were on the previous premises licence and also replace those with the Council’s Model Conditions where applicable as proposed by the Responsible Authorities.
29.The Sub-Committee did not consider it appropriate nor proportionate to add the proposed condition that ‘the licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a night café’ as it was likely the operation was still covered by the licence and it was not a re-wording of the Rules of Management condition.
30.In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would mitigate and alleviate the concerns of the Responsible Authorities who had objected and were appropriate, proportionate, enforceable and would promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had 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 (Indoors) Monday to Sunday 23:00 to 05:00. Seasonal Variations: None.
2. To grant permission for the Sale by Retail of Alcohol (Off the Premises)Monday to Saturday 08:00 to 23:00 Sunday 10:00 to 22:30 Seasonal Variations: On weekdays, other than Christmas Day 08:00 to 23:00, On Sundays, other than Christmas Day 10:00 to 22:30, On Christmas Day 12:00 to 15:00 and 19:00 to 22:30 on Good Friday 08:00 to 22:30.
3. To grant permission for the Opening Hours of the Premises Monday to Saturday 08:00 to 05:00 Sunday 10:00 to 05:00 Seasonal Variations: None.
4. That the Licence is subject to any relevant mandatory conditions.
5. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with agreement of the Applicant:
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. 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
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
9. 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.
10. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
11. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.
12. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans.
13. No single cans or bottles of beer or cider or spirit mixtures shall be sold at the premises.
14. No more than (15)% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.
15. There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
16. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.
17. No miniature bottles of spirits of 20 cl or below shall be sold from the premises.
18. This licence is subject to all the former regulations made by Westminster City Council prescribing standard conditions for annual night café licences, effective from 1 October 2001.
19. 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.
20. 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.
21. 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.
22. No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.
23. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.
24. 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.
25. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
This is the Full Decision of the Licensing Sub-Committee which takes
effect forthwith.
The Licensing Sub-Committee
1 February 2024
Supporting documents: