Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * West End   ** None	Prince of Wales Theatre 31 Coventry Street W1D 6AS	Premises Licence Variation	23/07987/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 14 March 2024

 

Membership:           Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Caroline Sargent

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Jessica Donovan

 

Others present:       Mr Alun Thomas (Agent, Thomas & Thomas, representing the Applicant), Mr Chris Glover (Head of Operations, Delfont Mackintosh Theatres Ltd), Mr Graham McAlpine (General Manager, Delfont Mackintosh Theatres Ltd), Mr Kevin Jackaman (Licensing Authority), Ms Sally Fabbricatore (Environmental Health Service) and PC Dave Morgan (Metropolitan Police).

 

Application for a Variation of a Premises Licence in respect of Prince of Wales Theatre, 31 Coventry Street, London, W1D 6AS

 

Full Decision

 

Case Summary 

 

This is an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The premises is a West End theatre. The application (as amended) proposes to extend the permitted hours for all licensable activities on Thursday-Saturdays until 01:00 in the basement. 

  

There is a resident count of 59.

 

Representations were received from the Licensing Authority, Environmental Health Service and Metropolitan Police on the basis that the Premises is located within the West End Cumulative Impact Zone.

 

 

Premises

 

Prince of Wales Theatre,

31 Coventry Street,

London, W1D 6AS

 

Applicant

 

The Prince Of Wales Theatre Limited

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

None

 

Ward

 

St James’s

 

Policy Considerations

 

Policies CIP1, HRS1 and CCSOS1 apply.

 

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: 

Cultural Venue: Monday to Sunday 9am 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 CCSOS1

 

B. Applications inside the West End Cumulative Impact Zone will generally be granted 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 and/or late-night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.

4.     The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.

5.     The applicant has clearly demonstrated that the sale by retail of alcohol and late-night refreshment will be ancillary to the venue’s primary function as a cinema, cultural venue, live sporting premises or outdoor space.

6.     The sale by retail of alcohol and/or late night refreshment after 11pm is limited to customers, patrons or members of the audience who will or have made use of the primary function of the venue as a cinema, cultural venue, live sporting premises or outdoor space. 

 

C. For the purposes of this policy a cultural venue is defined as:

a. Theatres: For the performance of plays, dramatic, or other entertainment performances to an audience.

b. Performance venues: for a live performance in front of an audience which may include concert halls, comedy clubs or similar performance venues.

Submissions

1. The Presenting Officer, Ms Donovan, introduced the application.

 

2. Mr Thomas, representing the Applicant, outlined the application. He confirmed that the application related to the basement only of the premises, the Delfont Room. The application was to extend the permitted hours for all existing licensable activities (save for recorded music which was unrestricted) to 01:00 Thursday to Saturday only.

 

3. Mr Thomas stated that the Prince of Wales Theatre was a cultural venue and that the application submitted by his client should be considered under Policy CCSOS1, the Cinemas, Cultural Venues, Live Sporting Premises and Outdoor Spaces Policy, in the Council’s Statement of Licensing Policy, where there was no presumption of refusal.  He referred to a previous application to extend the terminal hour until 01:00 in the basement having been refused by the Licensing Sub-Committee in September 2014.  However, he expressed the view that this had been due to different policies having been applied to the application at that time.  The September 2014 application had also included Sundays until 01:00 hours.

 

4. Mr Thomas referred to Section F8 of the Council’s Statement of Licensing Policy that ‘the council welcomes the vital contribution that cinemas, cultural venues and live sporting premises make in providing the diverse culture and entertainment that attracts people of all ages into Westminster and maintains its status as a world class city. The council as the Licensing Authority accepts that these types of uses are unlikely to be linked with crime and disorder, and generally have less impact on residents than other licensable activities’.  He stated that whilst the terminal hour was beyond the Council’s Core Hours policy on Thursday to Saturday that this should be considered on its merits in line with Section E9 of the Statement of Licensing Policy.  Section E9 also set out that ‘The Licensing Authority will allow greater flexibility within its core hours approach for venues that add a more varied offer of entertainment and cultural activity’.

 

5. Mr Thomas explained that he did not believe the application would add to cumulative impact.  One stated reason for this was that the area was predominantly commercial with a limited number of residential dwellings in the area. Another was that the hours of use for the premises were not being extended as recorded music could already be played twenty four hours a day. There would be no new admission after the existing terminal hour of midnight.  Mr Thomas also referred to Section D4 of the Statement of Licensing Policy that ‘The West End Cumulative Impact Zone has been identified because the cumulative effect of the concentration of late night and drink led premises and/or night cafés has led to serious problems of disorder and/or public nuisance affecting residents, visitors and other businesses’ and that the Theatre was not a drink led premises.  Cultural venues made the West End more diverse and encouraged a different dynamic and behaviour.  The Theatre was a destination premises and there was no reason for customers to move on to drink led premises. He also mentioned that the Theatre was yards from Piccadilly Circus and Leicester Square tube stations and that there were no representations from local residents/Interested Parties.

 

6. Members of the Sub-Committee were advised by Mr Thomas that the Theatre had a live music offering that it wished to schedule in the event that the additional hour was granted on Thursdays to Saturdays.  This had been trialled under Temporary Event Notices prior to COVID.  Mr Glover explained that there was a gap in the market for quality musical theatre cabaret and it was intended that this would be taken forward in partnership with the charity ‘Acting for Others’.  Mr Glover added that when cabaret was not taking place, it would be musical theatre led.

 

7. Mr Thomas also referred to the conditions being proposed, which specifically related to the additional hour sought in the Delfont Room on Thursday to Saturday.  These included that ‘the sale of alcohol in the basement shall be ancillary to the venue’s primary function as a cultural venue (theatre)’.  It was also being proposed that in the basement for the additional hour sought on Thursday to Saturday the supply of alcohol would be ancillary to live music taking place there and where people had purchased a ticket for a theatrical or live music performance.  The capacity at this time in the basement would not exceed 220, excluding staff and there would be no direct access from the street to the basement.  The Applicant was willing to agree to provide a dispersal policy regarding the customers’ dispersal from the basement area and have this included as a condition on the premises licence.

 

8. The Sub-Committee asked a number of questions regarding the operation of the premises.  They were advised by Mr Thomas, Mr McAlpine and Mr Glover that it was intended that performances in the basement would be mostly pre-booked but the Applicant was seeking some customers being able to buy a ticket on the day.  The basement would continue to be operated by Delfont Mackintosh Theatres Ltd and not hired out.  The vast majority of patrons would be seated in the basement.  Waiter/waitress service was available there although customers were also able to go to the bar and take a drink back to their seat. It was possible to drink at the bar but the main purpose was for customers to drink at their seats.  The cabaret show in the Delfont Room was likely to start around 23:00 hours and be approximately an hour and a half in duration maximum.

 

9. The Sub-Committee was also advised that the show in the Delfont Room would be a separate ticketed event from what was being held in the main Theatre Auditorium, which concluded at approximately 22:00 hours.  The Delfont Room was currently used for pre-drinks and interval drinks but was not generally used after the show.  It was confirmed that the Applicant wished to hold a few private, pre-booked events in the basement in the period between 23:00 and 01:00 which were not open to the public and would in some cases involve live music and some which would not. Mr Thomas offered to limit the number of these events to 50 a year.  These were described as not being vertical drinking events and offering some entertainment even if they did not involve a full show.

 

10. The Sub-Committee heard from Mr Jackaman on behalf of the Licensing Authority.  Mr Jackaman stated that the relevant policy for the application was CCSOS1, the Cinemas, Cultural Venues, Live Sporting Premises and Outdoor Spaces Policy.  There was therefore no presumption to refuse the application.  However, it had to be considered in conjunction with Policies CIP1 and HRS1 relation to Cumulative Impact and Hours.  The application was to be considered on its merits, subject to the Applicant demonstrating that the application would not add to cumulative impact.  Mr Jackaman also queried whether it would be more applicable for the reference to a ‘theatre’ in the proposed condition that ‘the sale of alcohol in the basement shall be ancillary to the venue’s primary function as a cultural venue’ to be replaced with ‘performance venue’ for enforcement purposes as entertainment was likely to be music or musical theatre at the later hour.

 

11. The Sub-Committee was addressed by Ms Fabbricatore on behalf of Environmental Health Service (EHS).  She stated that her representation had been maintained due to the location of the premises in the Cumulative Impact Zone (CIZ) and the proposed hours.  Proposed conditions had been included in the additional bundle of papers.  There were no public safety concerns and with regard to public nuisance, no complaints had been received in relation to the Theatre as a whole and there was not deemed to be any potential for noise breakout from the basement.  It was welcomed that the Applicant was offering Model Condition 99 that ‘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’ due to the later dispersal at 01:00 hours. 

 

12. Ms Fabbricatore also recommended that the reference to a ‘theatre’ in the proposed condition that ‘the sale of alcohol in the basement shall be ancillary to the venue’s primary function as a cultural venue was replaced with ‘performance venue’ and that the wording of the Applicant’s proposed condition relating to no noise emanating from the premises was updated to Model Condition 12 that ‘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’.

 

13. PC Morgan on behalf of the Metropolitan Police advised that he maintained his representation in relation to the Prevention of Crime and Disorder licensing objective and the proposed hours being beyond Core Hours.  He stated that he had no criticism of the venue.  However, it was located in one of the busiest areas in the CIZ.   Any retention of people within the CIZ was of concern to the Police.  There was a greater risk the longer the hours applied for and the longer people consumed alcohol.  PC Morgan acknowledged that the venue was not a nightclub where patrons might become drunk.  A particular issue was dispersal and whilst the Theatre was near to tube stations, there would be up to 220 leaving the venue, adding to cumulative impact in the CIZ and potentially people being victims of crime. 

.

14. PC Morgan welcomed the conditions proposed by the Applicant, including two SIA registered door supervisors being provided for the additional hour on Thursday to Saturday nights. He also referred to the Applicant having agreed that a Challenge 25 proof of age scheme would be operated in the basement during this period and requested that this was attached to the premises licence.  He requested that the Applicant was required to provide the dispersal policy and that waiter/waitress service was available.  Mr Thomas clarified that there would be significant difficulties similar to the Theatre Auditorium if all sales were by waiter/waitress with drinks having to be brought to people’s seats.

 

15. Mr Thomas agreed to all references to the Delfont Room being replaced with the basement in the proposed conditions and that the reference to a ‘theatre’ in the proposed condition that ‘the sale of alcohol in the basement shall be ancillary to the venue’s primary function as a cultural venue was replaced with ‘performance venue’. 

 

16. In his summing up, Mr Thomas stated that the demographic of the people who attended the theatre was a different crowd from those who went to a drinking premises in the West End.  The Statement of Licensing Policy had set out that the Council wished to encourage a varied offer of entertainment and cultural activity.  The premises would remain a theatre.  He expressed the view that there would be no addition to cumulative impact.  The application had been amended to an additional hour in the basement on Thursday to Saturday only.

 

Reasons and Conclusion

 

17.The Sub-Committee has determined an application for variation of a Premises Licence under the Licensing Act 2003. The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. 

 

18. The Sub-Committee noted that the application fell to be considered under policy CCSOS1 and that there was no presumption to refuse. The Sub-Committee also noted (as highlighted by the Applicant) that there was support for cultural venues within the Statement of Licensing Policy.

 

19. Overall the Sub-Committee considered that the application, together with the proposed conditions, would not add to cumulative impact and would promote the licensing objectives. The application was relatively modest in requesting an extra hour for the provision of live entertainment in the basement, and the proposed conditions (particularly the provision of SIA and a dispersal policy) would assist in ensuring that patrons attending the premises did not cause nuisance upon leaving.

 

20. However, in order to ensure that the provision of licensable activities was ancillary to the live entertainment being offered, the Sub-Committee considered it appropriate and proportionate not to allow the provision of licensable activities for pre-booked events where no live entertainment was being provided. The Applicant stated that the private, pre-booked events would (if granted) form a small part of the offering, so it was considered proportionate to remove this aspect of the application. The Applicant would have the opportunity to apply for TENs as needed if it wished to hold private, pre-booked events in the basement on a few occasions each year.

 

21. Having carefully considered the committee papers, the additional papers and the submissions made by all parties, both orally and in writing, the Committee therefore decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives to grant the application as follows:

 

1.     To grant permission for Exhibition of films Sunday to Wednesday 09:00 to 00:00, Thursday to Saturday 09:00 to 01:00. The hours beyond 00:00 Thursday to Saturday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.    

 

2.     To grant permission for Performance of Dance Sunday to Wednesday 09:00 to 00:00, Thursday to Saturday 09:00 to 01:00. The hours beyond 00:00 Thursday to Saturday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.    

 

3.     To grant permission for Performance of Live Music Sunday to Wednesday 09:00 to 00:00, Thursday to Saturday 09:00 to 01:00. The hours beyond 00:00 Thursday to Saturday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.    

 

4.     To grant permission for Performance of Recorded Music Monday to Sunday 00:00 to 00:00. No change to the seasonal variations and non-standard timings on the current Premises Licence. 

 

5.     To grant permission for Performance of a Play Monday to Wednesday 09:00 to 00:00, Thursday to Saturday 09:00 to 01:00, Sunday 14:00 to 00:00. The hours beyond 00:00 Thursday to Saturday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.   

 

6.     To grant permission for Anything of a similar description to Live Music, Recorded Music or Performance of Dance Sunday to Wednesday 09:00 to 00:00, Thursday to Saturday 09:00 to 01:00. The hours beyond 00:00 Thursday to Saturday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.    

 

7.     To grant permission for Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit Monday to Sunday 00:00 to 00:00. No change to the seasonal variations and non-standard timings on the current Premises Licence.

 

8.     To grant permission for Late Night Refreshment Sunday to Wednesday 23:00 to 00:00, Thursday to Saturday 23:00 to 01:00. The hours beyond 00:00 Thursday to Saturday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.   

 

9.     To grant permission for Sale by Retail of Alcohol (On and Off Sales) Monday to Wednesday 10:00 to 00:00, Thursday to Saturday 10:00 to 01:00, Sunday 12:00 to 00:00. The hours beyond 00:00 Thursday to Saturday and beyond 22:30 Sunday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.   

 

10. To grant permission for the Opening Hours of the Premises Sunday to Wednesday 09:00 to 00:00, Thursday to Saturday 09:00 to 01:00. The hours beyond 00:00 Thursday to Saturday are applicable to the basement only. No change to the seasonal variations and non-standard timings on the current Premises Licence.

 

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

 

12. That the Licence is subject to the following conditions imposed by the Committee in addition to the conditions on the current Premises Licence, which are considered appropriate and proportionate to promote the licensing objectives.

 

13. Between 00:00 and 01:00, the provision of licensable activities in the basement shall be ancillary to the basement’s primary function after 00:00 as a performance/live music venue.

 

14. Between 00:00 and 01:00, the use of the basement will only be in conjunction with the existing theatre use of the Prince of Wales Theatre.

 

15. Between 00:00 and 01:00 licensable activities may only be provided in the basement where the supply of alcohol is ancillary to live music taking place there and where persons have purchased a ticket for a theatrical or live music performance.

 

16. Between 00:00 and 01:00 whilst the Premises is open for licensable activities, two SIA registered door supervisors will be provided until the Premises close.

 

17. Between 00:00 and 01:00, the number of persons at any one time in the basement shall not exceed 220, excluding staff.

 

18. Between 00:00 and 01:00, there shall be no direct access from the street to the basement.

 

19. Between 00:00 and 01:00, there shall be no admission or re-admission to the basement (save for persons temporarily leaving the Premises, e.g. to smoke).

 

20. Between 00:00 and 01:00, all external doors and windows shall be kept closed save for the immediate access and egress of persons.

 

21. Between 00:00 and 01:00, 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.

 

22. Between 00:00 and 01:00, drinks shall not be taken outside of the premises.

 

23. Between 00:00 and 01:00, a Challenge 25 proof of age scheme shall be operated in the basement where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport or proof of age card with the PASS Hologram.

 

24. Between 00:00 and 01:00, waiter/waitress service shall be available in the basement.

 

25. A copy of the premises’ dispersal policy covering dispersal from the basement on Thursdays-Saturdays shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

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

The Licensing Sub-Committee 

14 March 2024