Agenda item

Sourced Market, Unit 14, Nova Development, Victoria Street, London

16/00488/LIPN

1.

Late Night Refreshment (Indoors and Outdoors)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

Unit 14 was one of twelve applications for new premises licences at the Nova Development considered by the Licensing Sub-Committee at the 7 April hearing.  The Sub-Committee was informed by Mr Bark, representing the Applicant that the Nova Development would be a mixed use development, comprising of office, retail, residential and leisure uses.  Mr Bark explained that Unit 14 would be an organic produce based shop similar to a delicatessen or supermarket and it sold predominantly British artisan sourced products.   This would be located in the Nova Building.  The approximate capacity, which would need to be agreed with Environmental Health, would be 40 to 50 people.

Mr Bark provided Members with some information on the Nova Development as a whole.  He stated that the safeguards included the experienced landlord, who also own Cardinal Place nearby and the New Street Square and One New Change developments in the City of London.  It chose and managed its tenants well.  Outside the majority of the units at the Nova Development that were the subject of applications for new premises licences there would be a dedicated seating area.  The tenants would not only have a lease for the inside of the premises but also a lease for the outside of the premises.  If there were issues with the outside area, the Landlord, Land Securities, would be able to consider whether this should be removed from the tenant.  Mr Bark explained that there would be a dedicated management team on site who would manage day to day operations.  There would be a security office within the basement which would include a room from which CCTV would be monitored 24 hours 7 days a week.  There would be 184 CCTV cameras throughout the Nova Development.  The security team employed by Land Securities (which worked for them elsewhere) would comprise of between 30 to 35 individuals.  It was anticipated that there would be two shifts when operatives would be working (16 operatives from 07:00 to 19:00 hours and 12 operatives from 19:00 to 07:00).

Mr Bark also explained the servicing arrangements.  Considerable thought had been given to minimising the impact of deliveries with a large loading bay area which could contain up to eight vehicles being located within the basement of the premises.  The access would be from Bressenden Place and this would be well away from residents. Any sounds in the basement would be acoustically contained and the goods travelled from the basement to the stores via staircases or lifts in the internal core of the building.  They would not need to be collected by the tenants externally.  It was proposed in the form of a condition that provided tenants’ deliveries took place in accordance with the NOVA development delivery arrangements allowing delivery to the dedicated basement delivery area, there would be no time restrictions.  If tenants did not operate in accordance with the arrangements, then no deliveries would be permitted to take place between 23:00 and 08:00 on the following day.  Refuse was kept in storage areas in the basement.  In the event that tenants did not operate in accordance with the NOVA refuse collection arrangements allowing collections from the dedicated basement area, all waste would have to be placed out for collection no earlier than 30 minutes before the scheduled collection times.

Mr Bark stated that there would be three entrances for the 170 residential units in the Nova building.  There would be a 24/7 concierge system that was manned at all times.  It was covered by CCTV and there was a radio link from the concierge to the security and management control room.  He added that one of the attractions for the residents of the Nova building was the food quarter and licensed premises.  In terms of local residents who lived in the vicinity of the building, the Applicant had liaised closely with them, including explaining the application at a residents’ meeting.  There had been no objections from residents in respect of the current applications.

Mr Bark also addressed the Sub-Committee on the Council’s policy.  He made the point that it was proposed that many of the operations within the twelve units would be food led.  However, some flexibility was sought for the tenants and the Applicant was requesting that a condition was not attached to the premises licences that alcohol would be ancillary to food.  Mr Bark commented that the Nova Development is not located in one of the Council’s designated cumulative impact areas and any proposed hours outside the Council’s Core Hours policy would be considered on their merits.  He emphasised that there were some premises within 150 metres of the Nova Development which operated within Core Hours and others that did not. He expressed the view that the overall development could be managed well and not adversely affect anyone in the area. Discussions with the Police prior to the withdrawal of their representation and also Environmental Health had resulted in café/bar conditions being proposed with the sale or supply of alcohol being via waiter or waitress service to seated customers.  It was proposed that there would be limited areas where alcohol could be consumed in a bar area and this was hatched on the plans.

Seven specific conditions had been proposed for all of the premises licences by Environmental Health and prior to the hearing the Sub-Committee received the response from the Applicant to the conditions.  Mr Bark confirmed at the hearing that his clients were content with model condition 12 (no noise generated on the premises being able to emanate from the premises) being attached to the premises licences as requested by Environmental Health.  Environmental Health had agreed an amended condition put forward by the Applicant that all windows and external doors would be kept closed before 08:00 and after 23:00 except for immediate access and egress of persons.  Mr Bark requested that Environmental Health’s proposed condition that on sales and alcohol consumed in the outside areas be limited to pre-booked and private functions or for consumption ancillary to food only was not attached to the premises licences.  Mr Bark made the case that there were sufficient safeguards and that there were quality operators that would ensure there were no issues.  Environmental Health had proposed alternative wording to the Applicant’s condition that there would be no off sales of alcohol other than to any dedicated ground floor seating area or of alcohol in sealed containers.  Environmental Health’s proposed condition set out that the external seating area would have customers seated at tables and served by waiter or waitress only.  Environmental Health and the Applicant had agreed a condition that between 07:00 and 08:00 off sales would be limited to the external tables and chairs only.  The Applicant had concerns that a works condition and a condition setting the capacity for all of the premises would be attached to the premises licences.  Mr Bark added that it was likely that the individual operators would submit minor variations in relation to the layouts in the plans.

The Sub-Committee asked Mr Bark to comment specifically on the proposed hours on Sundays which were significantly beyond Core Hours.  Mr Bark responded that whilst he understood the concept of Sundays being different from other days of the week the client wanted as much flexibility as possible and  there were significant safeguards in relation to the applications.  Local residents were not concerned and whilst planning was a different regime, various amenity aspects had been taken into account there and the hours being sought for the licensing applications would mirror what had been granted for planning.

Mr Wroe asked Mr Bark about the nature of the music that the tenants would play.  Mr Bark referred to the hours between 08:00 and 23:00 being deregulated.  He also informed those present that most of the tenants would play what he described as ‘borderline background music’.  Some would play slightly louder music and doors and windows would be closed accordingly.  The Applicant had agreed a condition that no noise would be permitted to emanate from the premises.  The tenants would be aware that the area would be overseen by management and security guards via radio link.

Mr Bark stated specifically in respect of Unit 14 that it would be an organic produce based shop that would predominantly sell alcohol for consumption off the premises.  Sourced Market was based already in Marylebone and St Pancras.  There were on-sales as there was a café at the premises. A condition was proposed that ‘the premises will operate primarily as a supermarket/delicatessen but with a café bar operation. Within the areas used as a café bar and the external seating area alcohol may be consumed provided that the sale and supply of alcohol shall only be to persons seated at the tables and by way of waiter/waiter service other than in relation to the areas shown on the layout drawings hatched in blue’.

The Sub-Committee next heard from Environmental Health.  Ms Thomas stated that whilst the Nova Development was not located in the designated cumulative impact areas, Environmental Health’s representations for the twelve applications had been maintained as the commencement and terminal hours were in excess of the Council’s Core Hours policy.  Environmental Health was conscious of the residents of the Nova building who had not moved in yet.  In terms of Environmental Health’s proposed conditions, she did believe it to be important that the hours between 07:00 and 10:00 were ancillary to food.  This did not mean substantial table meals.  There was the potential for some of the premises to be rented out during these hours.  Overall, there were areas that were edged and hatched in blue on the attached plans for some of the premises where alcohol was not served by waiter or waitress to seated customers but these were limited in size.  Ms Thomas referred to the fact that recorded music was only regulated prior to 08:00 and after 23:00 hours so Environmental Health was content that windows and external doors were kept closed at these times except for the immediate access and egress of persons.  She added that the planning process had looked at aspects such as the potential for noise escape in the building and permission had been granted.  The Applicant had agreed the Model Condition 12.  Environmental Health would want a say over the capacities for each of the premises via a works condition and to be able to consider matters such as means of escape and toilet provision.

Mr Nevitt referred to the extensive discussions with the Applicant.  He commented that the landlord had a good track record of managing sites and had a very integrated management plan for the applications including in terms of security and servicing.  Mr Nevitt made the point that Environmental Health were objecting to the start times and the finish times, including the late finish on Sundays.  It was his perception that the applications could raise some issues in particular.  One was that there were pubs in the Victoria area who wanted to open early in the morning and they had been advised that alcohol would have to be strictly ancillary to food.  Secondly the local premises would potentially seek later hours in the evening.  Thirdly, it was a question of whether a midnight terminal hour on each night of the week would have implications for transport as several hundred people would potentially need to disperse late at night.  Mr Nevitt re-iterated Ms Thomas’ request for the capacity condition as it would enable Environmental Health to set the figure for each of the distinctive units.  It was accepted that some vertical drinking in a more controlled environment within the Nova Development would potentially take some pressure off the pubs in the local area.

Mr Bark responded to some of the points raised by Environmental Health.  He offered on behalf of his clients that the hatched areas would not be in use prior to 10:00 hours.  Customers would have to be seated and served by waiter or waitress.  Some flexibility was requested prior to 10:00 in case one person in a group wanted a bucks fizz.  Mr Ridgwell envisaged a scenario that those in the office areas were working international hours and might want to buy a bottle of champagne.  Mr Bark made the additional point that not all units would be open at 07:00 hours.  All customers would have to be off the premises by midnight and licensable activities would therefore be concluded a number of minutes before. 

Mr Panto referred the parties present to four conditions which he was putting forward as alternatives to the Applicant’s and Environmental Health’s conditions which dealt with the consumption of alcohol in addition to the sale.  The first set out that ‘other than in the area(s) edged and hatched in blue on the attached plan, alcohol shall not be sold or supplied otherwise than by waiter or waitress service for consumption by persons who are seated at tables’.  The second set out that ‘all sales of alcohol for consumption off the premises shall be in sealed containers only, save for alcohol served by a waiter or waitress to customers who are seated at tables within the designated external seating area(s) shown on the attached plan edged and cross-hatched in green’.  The third was an alternative to the wording of Environmental Health’s condition so that ‘between 07:00 and 08:00 the sale of alcohol for consumption off the premises shall be limited to alcohol served to customers who are seated at tables within the designated external seating area(s) shown on the attached plan’.  The fourth was also an alternative to the wording of Environmental Health’s wording and stated that ‘between 07:00 and 10:00 the sale of alcohol for consumption on the premises or in the designated external seating area(s) shall be limited to pre-booked private functions or to consumption of alcohol that is ancillary to food.

The Sub-Committee had two specific concerns in relation to the application.  One was the hours proposed on Sundays and the other was alcohol not being ancillary to food prior to 10:00 hours.  Members considered that Sundays are different and noted the reference in the Council’s Statement of Licensing Policy that the Council ‘is prepared generally to grant premises licences for hours that will provide for longer hours at the end of the week but that still enable people to travel home relatively easily by tube, train, bus, and taxi, while retaining opportunities for residents to have an additional respite on Sunday’.  The transport arrangements were not as straight forward on Sundays.  The Sub-Committee took into account that the Applicant had requested an additional thirty minutes beyond the Council’s Core Hours policy Monday to Thursday and the same additional amount of time was granted on Sundays.  The terminal hour would therefore be 11:00 except for Sundays prior to Bank Holidays when the midnight terminal hour applied for was permitted.  There was the potential for individual operators to put forward a case for a later terminal hour on Sunday should they apply for a variation of the premises licence.  The Sub-Committee noted that the current Applicant had requested flexibility so that the Council’s model restaurant condition had not been attached to the premises licences.

The Sub-Committee considered that 07:00 was a particularly early commencement hour on every day of the week.  Members noted that a commencement hour of 07:00 on Sundays was five hours prior to the time set out in the Core Hours policy.  Members were prepared to grant the 07:00 commencement hour applied for on every day of the week but decided that between 07:00 and 10:00 the sale of alcohol would be required to be ancillary to pre-booked private functions or food as proposed by Environmental Health.  

The Sub-Committee granted Monday to Saturday 07:00 to 00:00 and Sunday 07:00 to 11:00 for licensable activities and the opening hours with an extension until midnight for Sundays immediately prior to a bank holiday.  Members had some confidence in the safeguards put forward by the Applicant, including the security and servicing arrangements.  The Applicant had given significant thought to ensuring that noise would not emanate either from or through the premises and had agreed Model Condition 12 which was attached to the licence.  Members decided for Unit 15 that it was appropriate to grant the hours applied for Monday to Saturday, with some flexibility in the conditions attached to the licence.  The Sub-Committee did not require alcohol to be ancillary to food after 10:00 hours.  The Sub-Committee attached the condition that the premises will operate primarily as a supermarket/delicatessen but with a café bar operation. Within the areas used as a café bar and the external seating area alcohol may be consumed provided that the sale and supply of alcohol shall only be to persons seated at the tables and by way of waiter/waiter service other than in relation to the areas shown on the layout drawings hatched in blue’.  The area(s) edged and hatched in blue on the attached plan, would permit customers to have alcohol which was not provided by waiter or waitress service and consumed by persons who are seated at tables. As with many of the premises licences that were granted, the Sub-Committee permitted tables and chairs within the dedicated ground floor external seating area to be used until 23:00 hours.

The Sub-Committee also attached the four conditions which had been put forward by Mr Panto as alternative wording to Environmental Health and the Applicant’s proposed conditions.  The works condition sought by Environmental Health was attached to the premises licence.  As agreed between the Applicant and Environmental Health, a condition was attached that all windows and external doors would be kept closed before 08:00 and after 23:00 hours except for immediate access and egress of persons.

2.

Recorded Music (Indoors)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted Monday to Saturday 07:00 to 00:00 and Sunday 07:00 to 23:00 (with an extension until midnight for Sundays immediately prior to a bank holiday), subject to conditions as set out below (see reasons for decision in Section 1).

3.

Sale by retail of alcohol (On and Off)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted Monday to Saturday 07:00 to 00:00 and Sunday 07:00 to 23:00 (with an extension until midnight for Sundays immediately prior to a bank holiday), subject to conditions as set out below (see reasons for decision in Section 1).

4.

Opening Hours

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted Monday to Saturday 07:00 to 00:00 and Sunday 07:00 to 23:00 (with an extension until midnight for Sundays immediately prior to a bank holiday), subject to conditions as set out below (see reasons for decision in Section 1).