Agenda item

The Chandos Public House, 29 St Martin's Lane, WC2N 4ER

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

 

* West End

 

** None

 

The Chandos Public House

29 St Martin’s Lane

WC2N 4ER

 

Premises Licence Variation

24/00808/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4

(“The Committee”)

 

Thursday 23 May 2024

 

Membership            Councillor Angela Piddock Councillor Judith Southern and

Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Horatio Chance

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Niall McCann (Solicitor for the PLH) and

Samuel Smith (Director, PLH)

 

 

Application for a Variation of Premises Licence in respect of The Chandos Public House 29 St Martins Lane London WC2N 4ER 24/00808/LIPV

 

 

Summary of the Application

 

The Sub-Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”) in respect of The Chandos Public House 29 St Martins Lane London WC2N 4ER (“The Premises”).  The Premises currently operates as a Pub.  The Premises Licence Holder (“PLH”) is Samuel Smith (Southern).

 

The PLH seeks to vary the Premises Licence as follows:-

 

  • To extend the timings for Late Night Refreshment and the Opening Hours until 00:00 hours on Friday and Saturday. (plus 30 minutes)

 

  • To extend the timings for the Retail Sale of Alcohol until 23:30 hours on Friday and Saturday. (plus 30 minutes)

 

  • To add non-standard timings for all licensable activities including the opening hours to extend for New Year's Eve.

 

  • To remove all conditions currently attached to the Premises Licence and replace with the conditions shown at Appendix 4 of the agenda report.

 

By way of submissions the PLH has provided the following appearing at Appendix 1 of the Agenda Report:-

 

  • Written Submissions.
  • Food and drinks menus.
  • Photographs of the premises.

 

The Premises have had the benefit of a licence since 2005 under Licence number 05/05535/LIPC. A copy of the licence can be found at Appendix 2 along with the premises history at Appendix 3.

 

The Premises are located within the St James’s Ward and fall within the West End Cumulative Impact Zone. There is no policy presumption to refuse applications of this type inside the West End CIZ other than to vary existing core hours and reduce overall capacity. However, where these requirements are not met an exception to policy must be found. 

 

There is a resident court of 42.

 

Premises

 

The Chandos Public House

29 St Martins Lane

London  WC2N 4ER

 

Premise Licence Holder (“PLH”)

 

Samuel Smith (Southern)

 

Ward

 

West End

 

Cumulative Impact Area

 

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

 

Representations received

 

·       Environmental Health Service (withdrawn)

·       Local resident.

 

Summary of Representations Received

 

  • To extend the hours from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day. This is excessive and allowing continuous opening for a period of more than 36 hours is unnecessary. Fri/Sat opening hours should be in line with other public hours in the area. There is no mention in Annex A about CCTV signage being displayed, nor of the GDPR protection / redaction process for providing CCTV footage to enforcement agencies.

 

Policy Considerations

 

Policies CIP1, HRS1 and  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

 

A. Applications outside the West End Cumulative 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 being 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 taken account of the Special Consideration

Zones policy SCZ1 if the premises are located within a designated

zone.

5. The application and operation of the venue meet the definition of

a Public House or Bar in Clause D.

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 Jessica Donovan, Presenting Officer, introduced the application to the Sub-Committee.  She advised that a representation had been received from one Interested Party who was not in attendance at the hearing and by the Environmental Health Service who had withdrawn it on the 20 May 2024. 

 

Mr Niall McCann (Solicitor) appearing on behalf of the PLH addressed the Sub-Committee. He outlined the application along with Mr Samuel Smith (Director, of the PLH).  Mr McCann outlined that this was a modest application to extend the hours by half an hour on Fridays and Saturdays and that there was now only one outstanding representation.  He advised that there had been no complaints from the Metropolitan Police Service and the Environmental Health Service had withdrawn their representation in respect of the application.

 

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. 

 

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.  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. He advised that the location of the Premises meant that it did not experience the same public nuisance of crime and disorder as some of the other Sam Smith’s pub in the West End.

Mr McCann referred to the representation from the Interested Party and set out how they had sent them an email but had received no response back. He added that they believed it was a slightly bizarre representation in that the person did not live locally but in the Home Counties and that in any case there had been no allegations or history of complaints regarding these Premises.

 

Mr McCann concluded by saying that the Chandos was a beautiful pub and by informing the Sub-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 emphasised that all Sam Smith pubs were very traditional and their margins of profit were quite narrow. He advised that it was a family owned business and they were in it for the long run and not to make a quick buck. 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the matter.

 

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, CIP1, HRS1 and PB1.

 

The Premises operates as a traditional Pub under Policy PB1 and so there is no policy presumption to refuse a variation application of this type that is within the core hours policy and operating within the West End CIZ. 

 

The Sub-Committee noted that the rational for the application was to give the PLH more flexibility when managing the Premises in order to allow for the extension of hours for licensable activities by an extra 30 minutes daily and to extend opening hours by 30 minutes also.

 

The Sub-Committee welcomed that the PLH had listened to those who had objected to the application namely the EHS who were satisfied with the application after agreeing conditions and then later withdrawing. It was noted that the PLH had tried to engage effectively with the one remaining local resident but no response had been received after email contact via the Licensing Authority. 

 

The Sub-Committee also noted that the EHS were satisfied with the application and there had been no further representations received from other Responsible Authorities.

 

The Sub-Committee noted that the Premises was well run free from complaint and had a unique concept and long standing tradition. This branding is entirely unique to the Premises as more particularly detailed in the PLH’s submission at Appendix 1 of the agenda report which states “The Applicant is a long standing independent brewery which takes a long term view. It is unique in that it only stocks its own products (including soft drinks and snack) and has a staunchly traditional approach to its pubs in that they do not play music, nor have televisions, nor permit laptops to be used. The whole ethos is that local communities can enjoy spending time together without unwanted distractions. By not playing music and showing television, the pubs do not attract trouble”.

 

The Sub-Committee having carefully considered the matter and the evidence before it decided to Grant the variation application with the extended hours for licensable activities. The Sub-Committee considered that this was the right balance when considering the objections, the terminal hour and any possible impact on the West End CIZ which was considered minimal due to the extra hours applied for being within core.

 

The Sub-Committee noted the various undertakings and commitments given by Mr McCann on behalf of the PLH into the daily running of the Premises and the robust management practices the PLH already employs that promote the licensing objectives.

 

The Sub-Committee considered that it was not appropriate nor proportionate to add additional conditions on the Premises Licence because the existing conditions are comprehensive enough and will first and foremost promote the licensing objectives. Moreover, there was no evidence to suggest by way of reported breaches or complaints leading to public nuisance or crime and disorder that the PLH was nothing other than a good operator with a proven track record operating a well-run Premises within the City of Westminster that was responsible and promoted the licensing objectives.

 

In reaching its decision, the Sub-Committee concluded that the existing conditions attached to the licence would help mitigate and alleviate the concerns of those two parties 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 to extend Late Night Refreshment (Indoors and Outdoors) until 00:00 hours on Friday and Saturday. 

 

2.        To grant permission to extend the Sale by Retail of Alcohol (On and Off the Premises) until 23:30 hours on Friday and Saturday. 

 

3.        To grant permission to extend the Opening Hours of the Premises until 00:00 hours on Friday and Saturday. 

 

4.        To add non-standard timings for all licensable activities including the Opening Hours to extend for New Year’s Eve.

 

5.        That all existing Conditions on the Premises Licence are hereby removed and replaced with new Conditions as specified below numbered 8-24.  

                                 

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

 

7.        That the new conditions now imposed on the Licence shall have full force and effect which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing with agreement of the Applicant:

 

8.        (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.

 

9.        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.

 

10.      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.

 

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

 

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

 

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

 

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

 

15.      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.

 

16.      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.

 

17.      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 card with the PASS Hologram.

 

18.      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.

 

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

 

20.      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.

 

21.      The Premises Licence Holder shall ensure that staff are trained in relation to and adhere to a written dispersal policy, a copy of which shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

22.      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.

 

23.      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.

 

24.      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 of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

23 May 2024

 

Supporting documents: