Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	Daroco, IIona Rose House, Manette Street, W1D 4AL	Shadow Licence -Premises Licence	24/05638/LIPSL
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

Thursday 27^th February 2025

          

Membership:   Councillor Aziz Toki (Chair), Councillor Hamza Taouzzale and Councillor Caroline Sargent

 

Officer Support:       Legal Adviser:                    Michael Feeney

                                Committee Officer:             Katherine Stagg

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          Alun Thomas (representing the Applicant Company), Richard Brown (representing the Soho Society).

 

Application for a New Premises Licence (Shadow) in respect of Ilona Rose House, Manette Street, London, W1D 4AL

 

Premises

 

Ilona Rose House

Manette Street

London W1D 4AL

 

Applicant

 

Soho Estates Portfolio Limited

 

Ward

 

West End

 

Cumulative Impact Area

 

West End

 

Activities and Hours

 

Late Night Refreshment

Monday to Saturday: 23:00 to 01:00

Sunday: 23:00 to 23:30

Seasonal variation: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Sale by Retail of Alcohol (on and off sales)

Monday to Saturday: 10:00 to 01:00

Sunday: 12:00 to 23:30

Seasonal variation: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Hours Premises are Open to the Public

Monday to Saturday: 08:00 to 01:00

Sunday: 08:00 to 23:30

Seasonal variation: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Case Summary

 

This is an application for a New Shadow Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Ilona Rose House, Manette Street, London, W1D 4AL (“The Premises”). The application is for a shadow licence under the same, terms, conditions and plans as the current premises licence (ref: 24/00135/LIPRW). The Premises is located in the West End Ward and the West End Cumulative Impact Area.

 

There is a resident count of 48.

 

Representations were received from the Soho Society.

 

 

Policy Considerations

 

Policies CIP1, HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy (“SLP”).

 

SUBMISSIONS AND REASONS

 

Ms Jessica Donovan, Senior Licensing Officer, outlined the application to the Committee. She advised that this was an application for a Shadow Premises Licence located in the West End Ward and Cumulative Impact Zone. She confirmed that representations had been received from one interested party. She confirmed that the additional submissions from the Applicant and the Interested Party had been circulated.

Mr Alun Thomas representing the Applicant, Soho Estates Portfolio Limited, advised the Committee that they were applying for a shadow licence which was the same as the primary licence which was still trading. He advised that this application came about due to two different shadow licence applications. Sunset Strip which was subject to Model Condition 97 and Flare which was subject to a lighter touch condition. The imposition of MC97 in the Sunset Strip case had followed the revocation of the primary licence. The Flare decision had been appealed, and an amended condition had been agreed by the council on appeal. This application was asking for their shadow licence to be subject to the agreed Flare condition, which the responsible authorities had also agreed to. Mr Thomas advised that it covered the freeholder in every situation except for revocation. He advised that the Soho Society were agreeable to the shadow licence in general, but their representation was focused on the wording of this condition. The Soho Society were asking for the original condition under Flare which had been appealed and Mr Thomas advised that it would be inconsistent to go further than the one the council had agreed to on appeal.

 

Mr Richard Brown, representing the Soho Society advised that he agreed with Mr Thomas on how this application had come about and advised that MC97 had been a model condition for a number of years and understandably the council would want an element of control in granting a shadow licence. He advised that there were no details on a shadow licence of who would operate the licence, so the council, responsible authorities and residents should get a chance to scrutinise the details before it came into operation. The hybrid condition the Society were asking for excluded lapses and they recognised that the decision had been appealed but they were not party to the discussions. They noted that the appealed Flare licence was also a 01:00hrs licence like this application. He advised that the Soho Society’s condition aimed to add back in lapses which included via insolvency. He advised that the principle of a shadow licence had been accepted by the High Court. Mr Brown believed MC97 would give the most protection to the Council, then his suggested condition, then Mr Thomas’s condition and finally the least protection for the Council would be a condition stating only that it would not operate while the primary licence is in operation.

 

In response to questions Mr Thomas advised that he was taking the council’s decision on the appeal as the right form of the condition. He stated that sometimes landlords were not aware that their tenant’s licence had lapsed and while the Council could reinstate the licence in a CIZ they did not have to. He agreed with the council’s decision on Flare, that they should come back in terms of revocation but not when it lapses. Mr Thomas highlighted that if the licence was suspended for not paying the annual fee, and they paid it, the licence would be reinstated.

 

In response Mr Brown advised that if something happened to the primary licence then it was right to include revocation and suspension. He advised that landlords should start to become aware that their tenants were heading towards lapsing if they stopped paying their rent, so it should be included in the condition. Mr Thomas advised that in the CIZ this would be difficult for applicants coming back before the committee as the lapsing had to be recent and sometimes it did not work that way. It would also be financially difficult for the same operator to come back to committee if they went bust. Mr Thomas advised that the surrendering of a licence was the worst thing for a landlord and sometimes they were not advised that this was the case.

 

Mr Brown and Mr Thomas had nothing to add in summing up.

 

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 had regard not only to the written and oral evidence but also to the Act, the Revised Home Office Guidance issued under section 182 of the Act and the City Council’s SLP, in particular policies CIP1, HRS1 and RNT1.

 

The Sub-Committee noted that the sole issue between the parties was the wording of the final condition. Having carefully considered the representations made, the Sub-Committee decided to grant the application with the condition proposed by the Applicant and as agreed with the Licensing Authority. The Sub-Committee considered that this would afford extra protection and scrutiny in the case that the primary licence was revoked, as in the case of a revocation an application to vary the licence would have to be made to remove the condition before the shadow licence could operate. This protection meant that the Sub-Committee would have the opportunity to scrutinise any such variation application following a revocation. This scrutiny and protection would be important in circumstances where the operation of the premises under the primary licence would have been found to have undermined the licensing objectives.

 

The Sub-Committee did not consider it necessary, appropriate or proportionate in this case to adopt the Soho Society’s suggested condition, which would also require a variation application to be submitted if the primary licence lapsed. In reaching its decision, the Sub-Committee placed great weight on the fact that the condition proposed by the Applicant had been agreed with the Licensing Authority as being appropriate and proportionate in this case. The Sub-Committee also placed great weight on the fact that there were no outstanding objections from any other Responsible Authorities.

 

Having carefully considered the committee papers and the submissions made by all 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 for Late Night Refreshment?Monday to Saturday: 23:00 to 01:00 and Sunday: 23:00 to 23:30. Seasonal variations/Non-standard timings: 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 Sale by Retail of Alcohol (On and Off Sales) Monday to Saturday: 10:00 to 01:00 and Sunday 12:00 to 23:30. Seasonal variations/Non-standard timings: 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 the Opening Hours of the Premises Monday to Saturday: 08:00 to 01:00?and Sunday: 08:00: 23:30. Seasonal variations/Non-standard timings: 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 conditions as specified below and numbered 6-32 are imposed on the premises licence which are considered appropriate and proportionate to promote the licensing objectives.  

 

6.     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 and will include the external area immediately outside the premises entrance. 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 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 will be transmitted through the structure of the premises which causes a nuisance.  

 

9.     There shall be no sales of alcohol for consumption off the premises after 23:00.  

 

10. The external tables and chairs shall only be used between 08:00 and 23:00 each day and be rendered unusable at 23:00.  

 

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

 

12. 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.  

 

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

 

14. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 07:00 hours on the following day.  

 

15. No collections of waste or recycling materials including bottles from the premises shall take place between 23:00 hours and 07:00 hours on the following day.  

 

16. 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.  

 

17. 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.  

 

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. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00.  

 

20. Any alcohol supplied for consumption off the premises must be in a sealed container unless consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway.  

 

21. No deliveries to the premises shall take place between 23:00 and 07:00 on the following day.  

 

22. After 21:00 the premises shall only operate as a restaurant:  

a. in which customers are shown to their table or the customer will select a table themselves,  

b. where the supply of alcohol is by waiter or waitress service only,  

c. which provides food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,  

d. which does not provide any takeaway service of food or drink for immediate consumption off the premises,  

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

 

For the purposes 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.  

 

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

 

23. Before 21:00, alcohol may only be sold to persons seated and served by waiter/waitress service and restricted to no more than 90 customers at any time, as specified.  

 

24. The premises may remain open for the sale of alcohol and the provision of late-night refreshment from the terminal hour for those activities on New Year’s Eve through to the commencement time for those activities on New Year’s Day.  

 

25. When the layout of the premises is built in accordance with CTC plans reference 500b and 501b, the maximum number of persons permitted on the premises at any one time shall not exceed:  

Ground floor: 200 (excluding staff)  

Basement: 80 (excluding staff)  

With no more than 200 (excluding staff) 

 

26. In the event there is a future change to the premises layout as shown on CTC plans reference 500B and 501B the capacity for the external area should not exceed 116, nor shall the capacity for the internal area exceed 315.  

 

27. The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day the start their employment.  

 

28. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.  

 

29. The premises shall have a Dispersal Policy and all relevant staff will be trained in its implementation. The policy shall be reviewed every 6 months or earlier if the Premises Licence Holder becomes aware of an issue associated with dispersal.  

 

30. 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.  

 

31. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises when alcohol is being sold or supplied for consumption on the premises.  

 

32. This shadow licence shall not take effect when the current licence (24/00135/LIPRW or successor reference) (‘the Primary Licence’) is in operation, or in the following circumstances:  

a) the Primary Licence is suspended, except in cases where the suspension is due to the non-payment of the annual fee or the period of suspension has expired;  

b) the Primary Licence has been revoked (whether or not such decision has been brought into effect (unless resurrected upon appeal));  

c) the Primary Licence has been surrendered following an application for review or pending an appeal of a review.  

 

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

 

The Licensing Sub-Committee 

27 February 2025