Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   *  West End   ** None	16 Henrietta Street WC2E 8QH	New Premises Licence	24/01009/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 9 May 2024

 

Membership:           Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Karen Scarborough 

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Jessica Barnett

                                Presenting Officer: Kevin Jackaman

 

Others present:       Jack Spiegler of Thomas and Thomas Partners representing the Applicant

 

Application for a New Premises Licence in respect of 16 Henrietta Street, London, WC2E 8QH

 

Full Decision

Premises

 

16 Henrietta Street

London

WC2E 8QH

 

Applicant

 

Capital & Counties CG Limited

Capital & Counties CG Nominee Limited

 

Ward

 

St James’s

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

None

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The application is made by the landlord of the Premises, which used to operate as a restaurant. The previous licensee (tenant) has gone into insolvency. The Applicant seeks the following: 

 

1.     To grant permission for Late Night Refreshment Monday to Saturday 23:00 to 00:30, Sunday 23:00 to 00:00. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  

 

2.     To grant permission for Recorded Music Monday to Saturday 23:00 to 00:30, Sunday 23:00 to 00:00. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. 

 

3.     To grant permission for Sale by Retail of Alcohol (On and Off Sales) Monday to Saturday 10:00 to 00:00, Sunday 12:00 to 23:30. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  

 

4.     To grant permission for the Opening Hours of the Premises Monday to Saturday 10:00 to 00:30, Sunday 12:00 to 00:00. 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 79.

 

Representations Received

 

Environmental Health Service- withdrawn after noting that application mirrors licence that has lapsed due to insolvency and no noise issues at the premises whilst it traded

Two Local Residents

 

Issues raised by Objectors

 

Local Residents: Extending alcohol licensing hours in close proximity to residential areas would exacerbate existing challenges relating to public intoxication, underage drinking and the well-being of community members. It is imperative to prioritise the needs of property owners and residents, ensuring there is safety, peace and respect for residential and commercial properties. A nearby premises on that side of Henrietta street has become a real nuisance. Another alcohol licence until midnight will make the street even less habitable for neighbours. 

 

Policy Considerations

 

Policies CIP1, HRS1 and RNT1 apply.

 

 

Submissions

 

1.     The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the application and explained that the applicant was seeking to replace a previously lapsed licence with licensable activities in the same terms as the previous lapsed licence.

 

2.     Mr Jack Spiegler of Thomas and Thomas Partners, the agent representing the Applicant, outlined the application, noting that the Applicant is a significant landowner and stakeholder in the West End who takes a pro-active approach to managing their buildings.

 

3.     Mr Spiegler explained that the previous tenant at 16 Henrietta Street had gone into liquidation in February 2024 causing the premises licence to lapse. The applicant was therefore applying to re-instate the lapsed licence with the same terms.

 

4.     Mr Spiegler noted the that the two representations received in respect of the application were based on misunderstandings of the application; the first that they were seeking to extend licensing hours and the second that they were seeking to introduce a new licenced premises to the street. Mr Spiegler explained that neither objector had engaged with the applicant.

 

5.     Mr Spiegler noted that paragraph D21 of the Statement of Licencing Policy recognised that in circumstances such as these, licences could be granted on the terms applied for.

 

6.     The Sub-Committee asked Mr Spiegler what type of tenant would be occupying the space moving forward and whether the floor plan would remain the same. Mr Spiegler explained that the Applicant did not have a new tenant lined up but were being pro-active in attempting to have a new licence lined up.

 

7.     The Sub-Committee asked Mr Spiegler what type of restaurant the previous tenant had. Mr Spiegler explained that the previous restaurant called Frenchie opened in around 2015 and was very successful however they began to struggle after the Covid pandemic and quickly went into liquidation in February 2024, unbeknownst to the Applicant.

 

8.     The Sub-Committee asked Mr Spiegler whether the applicant would accept a cap on the capacity of covers in the drinking only area of the restaurant. Mr Spiegler stated that they would be resistant to any condition such as this given there had been no historical complaints regarding this. Mr Spiegler also noted that the Applicant carefully vets all potential tenants.

 

Conclusion and Reasons

 

1.     The Committee has determined an application for 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.

 

2.     The restaurant use of the Premises is secured by condition. The Premises is located in the CIZ, but as the application is for a shadow licence in the same terms as the previous licence that had lapsed the Committee was satisfied that granting the application would not add to cumulative impact. This was especially true since there was no evidence that the operation of the Premises under the previous tenant had undermined the licensing objectives. The Committee considered that a restaurant vetted by the Applicant and run in the same way as before would promote the licensing objectives.

 

3.     In reaching its conclusion, the Committee placed great weight on the fact that the Licensing Authority, Metropolitan Police and Environmental Health did not object to the Application. The Committee considered that this demonstrated that the Application was acceptable and policy compliant.

 

Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Sub-Committee has decided, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives:-

 

1.     To grant permission for Late Night Refreshment Monday to Saturday 23:00 to 00:30, Sunday 23:00 to 00:00. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  

 

2.     To grant permission for Recorded Music Monday to Saturday 23:00 to 00:30, Sunday 23:00 to 00:00. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. 

 

3.     To grant permission for Sale by Retail of Alcohol (On and Off Sales) Monday to Saturday 10:00 to 00:00, Sunday 12:00 to 23:30. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  

 

4.     To grant permission for the Opening Hours of the Premises Monday to Saturday 10:00 to 00:30, Sunday 12:00 to 00:00. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  

 

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

 

6.     That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

7.     The number of persons accommodated at any one time (excluding staff) shall not exceed:

 

Ground Floor: 90 persons

Basement: 30 persons

 

8.     The area hatched black on the deposited plans shall only operate as a restaurant,

 

(i)              in which customers are shown to their table,

(ii)             where the supply of alcohol is by waiter or waitress service only,

(iii)           which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iv)           which do not provide any takeaway service of food or drink for immediate consumption,

(v)            which do not provide any takeaway service of food or drink after 23:00, and

(vi)           where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking a substantial table meal there, and provided always that the consumption of alcohol by such persons in ancillary to taking such meals.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal. 

 

For the purpose of this condition ‘Substantial Table Meal’ means- a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.

 

9.     No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

10. 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.

 

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 and 08:00 hours on the following day.

 

14. 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.

 

15. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue Licence.

 

16. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take drinks or glass containers with them.

 

17.The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31-day period.

 

18. 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.

 

19. 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, which 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

 

20. No deliveries to the premises shall take place between 23:00 and 08:00 on the following day.

 

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

 

The Licensing Sub-Committee

9 May 2024