Agenda item

Basement and Ground Floor, 26 Wellington Street, London, WC2E 7DD

16/14133/LIPN

1.

Late Night Refreshment – Indoors

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

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.

Amendments to application advised at hearing:

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

The Sub-Committee considered an application by Shaftesbury Covent Garden Ltd for a new premises licence in respect of Basement and Ground Floor, 26 Wellington Street, London, WC2E 7DD.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that all the parties were content to hear the application following its adjournment from 16 March 2017.

Mr Spiegler, representing the applicant, explained that the application for the premises had been submitted by Shaftesbury following the granting of planning permission to develop two cafes into a single premises. It was confirmed that the building was listed. The marketing of the premises would begin shortly and it was hoped for it to be occupied by June 2017. It was envisaged for an independent operator to occupy the premises and operate a restaurant that complimented the local area. The premises would offer a limited range of hot food and would potentially focus primarily on providing a raw seafood or charcuterie offer that would be complimented with the provision of alcohol. No extract equipment would be installed and the applicant was content to work within the planning permission granted. The application was therefore made to secure a licence so the premises could be marketed and any potential operator would know the parameters they had to work within. Shaftesbury owned thirty properties in the immediate area and was very hands-on with their management of the properties in order to deal with any issues that arose. Most of the residential properties in the area were owned by Shaftesbury and they worked very closely with their tenants. The Sub-Committee’s attention was drawn to the letters sent by the applicant to local residents agreeing to remove late night refreshment from the licence and reduce the terminal hour for the sale of alcohol to 23:00 hours. It was stated to the Sub-Committee that no responses had been received to the letters sent out. The Sub-Committee was invited to consider the application under Policy RNT2, the hours requested were within the core hours policy and it was of a limited capacity. The two previous premises had not been subject to the controls proposed and therefore there was no prospect the premises would add to the cumulative impact in the area. Mr Spiegler confirmed that the conditions proposed by Environmental Health (EH) had been agreed with the applicant. It was proposed however to replace EH’s condition 18 with model condition 38 which required the sale of alcohol to a person taking a table meal as this would provide more flexibility for the operator

Mr Spiegler addressed concerns raised over the external seating area. Off sales of alcohol had been applied for for two reasons. Firstly it would allow the retail sale of alcohol in a sealed container, for example a sealed bottle of wine. Secondly, it would also allow the sale of alcohol to persons seated in the external seated area should external tables and chairs consent be granted by the City Council, this area would be controlled by condition 11. The Sub-Committee was not being asked to grant permission to use the external seated area; this would require a planning application and highways consent under the relevant legislation, however allowing off sales would allow the operator to sell alcohol to those people sat in this area. If the Sub-Committee considered it appropriate a condition similar to Model Condition 38 could be imposed on this area requiring the sale of alcohol to be ancillary to food. Mr Spiegler brought to the Sub-Committee’s attention a schedule of other premises located in the immediate area and the permitted hours they had been granted for external seating. The majority allowed alcohol to be served in external seated areas until 23:00 which was evidence the 23:00 terminal hour requested for this area would be appropriate.

In terms of servicing at the premises the conditions proposed had been agreed but conditions proposed in the representations went beyond the usual requirements. Previously when the two cafes were in operation residents had to experience two sets of deliveries and waste collection each day whilst this proposal would result in a single set of servicing and waste collections therefore reducing any impact on local residents. The Sub-Committee was asked to consider the modest application before it for a premises with a limited capacity, limited hours and more restrictive conditions in place than were in place for the previous premises. With regards to the external seating the objectors were asking the Sub-Committee to restrict something that permission had not even been granted for yet. It was hoped the Sub-Committee and the residents would be reassured that the tables and chairs application would be properly scrutinised in due course.

Mr Koduah, representing Environmental Health (EH), confirmed that this was a low risk application but for it not to be refused the applicant had to demonstrate it met the requirements of RNT2 of the Statement of Licensing Policy (“SLP”). The applicant had proposed for Model Condition 38 to be added to the licence, ensuring the sale of alcohol was ancillary to a table meal. EH had also proposed a condition requiring the supply of alcohol to be by waiter/waitress service but agreement had not been reached with the applicant on this. The residents’ concerns had been investigated, especially with regards to the external area and it was proposed to add another Model Condition limiting the number of patrons who could temporarily leave the premises to smoke. It was suggested this number be limited to between five and eight patrons. It was also suggested Model Condition 57 be added to the licence to ensure patrons temporarily leaving the premises would not be permitted to take drinks with them thus reducing further any impact on residents. A safety concern was raised over public safety in the basement area and it was suggested the capacity be limited to sixty excluding staff.

PC Lewis, representing the Metropolitan Police, confirmed that their representation was maintained on policy grounds however no other concerns were raised.

Mr Brown, from Westminster Citizens Advice Bureau, advised the Sub-Committee that objections to the application had been raised by the residents living above the premises. The issues centred on the proximity of the premises to residents and the hours requested, the external seating area and the servicing of the premises. This was an entirely new premises licence being sought by the landlord who would then transfer it to an operator of which there was no clarity or known concept. Whilst the premises had been described as a restaurant it appeared to more closely resemble a café/delicatessen upon scrutinisation. The Sub-Committee’s attention was drawn to PB2 of the SLP which raised concerns over the number of premises that served alcohol adding to cumulative impact and concerns over drinking outside. It was suggested that the premises did not fall within the definition of a restaurant and as such should not benefit in any relaxation of conditions. Model Condition 66 which sets out restrictions for a premises operating as a restaurant might be added to the licence ensuring the sale of alcohol was ancillary to a table meal. The terminal hour was also a cause for concern and it was suggested that this be restricted to 22:30 for the sale of alcohol and 23:00 as the terminal hour for closure of the premises.

In response to a query from Mr Brown over where any tables and chairs would be situated Mr Spiegler explained that it would be on both sides of the premises which were on the public highway. The previous premises consisted of five tables with two chairs situated at each. Mr Brown suggested that the impact on residents of people sitting outside drinking alcohol was much greater than if they were drinking coffee and as such would increase levels of noise nuisance. The relevance of the schedule which detailed the hours nearby premises could serve alcohol in external areas was questioned as most of these licences had been granted historically before the Licensing Act 2003 had been implemented. Attention was drawn to Policy PN1, prevention of public nuisance, which looked at potential nuisance from drinking outside and focused on the proximity of residents. The servicing of the premises was also a major concern and further limiting the hours for servicing, as suggested by the residents, was encouraged.

Mr Kaner, representing the Covent Garden Community Association, emphasised the negative impact deliveries and collection of waste could have on residents. As such it was suggested that they should only take place between 08:00 and 20:00 as this should be a sufficient timeframe for them to take place. With regards to the tables and chairs the residents felt it was appropriate to put a condition on the terminal hour for the external tables and chairs in order to prevent public nuisance being generated by their use.

Mr Brown confirmed that the residential properties were unable to install double glazing as it was a listed building.

After carefully considering the application the Sub-Committee understood it had been adjourned from the previous week as the applicant was unable to attend. However, it was not intended for the applicant to be the operator of the premises and the applicant was therefore not in a position to provide any details on what type of operation would be in place. As such due to the lack of information provided, the Sub-Committee expressed disappointment that the application could not have been heard by the previous Sub-Committee. It was accepted that the external tables and chairs did not form part of the application before it and had not been included in the plans submitted where licensable activities were to take place. Therefore this specific issue did not fall before the Sub-Committee and was not considered when making its overall decision in the matter. The Sub-Committee was of the opinion that the applicant was a responsible landlord and the conditions attached were restrictive enough to ensure the licensing objectives were upheld. It was considered that adding a restaurant condition to ensure the sale of alcohol was ancillary to a table meal and ensuring it was by waiter/waitress service only would safeguard residents with regards to the future operation of the premises. As little information was known about the nature of the operation and in order to protect nearby residents it was also considered appropriate to require all deliveries and waste collections to be undertaken between 08:00 and 20:00, limit the number of smokers outside to eight persons and prevent patrons temporarily leaving the premises from taking drinks with them. It was believed that with the addition of these conditions and the reduction in the terminal hour for the sale of alcohol to 23:00 hours the premises would not add to the cumulative impact in the area and would help minimise any public nuisance occurring. As such the Sub-Committee granted the application accordingly.

The Sub-Committee agreed to add or amend the following conditions on the licence in order to update the licence:

·         Condition 11 be amended to read “All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.”

·         Condition 15 be amended to read “No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20:00 and 08:00 hours on the following day.”

• Condition 17 be removed from the licence.

• Condition 21 be removed from the licence.

• An additional condition be added to the licence to read “The supply of alcohol shall be by waiter or waitress service only.”

·         An additional condition be added to the licence to read “No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.”

·         An additional condition be added to the licence to read “The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 60 persons.”

·         An additional condition be added to the licence to read “The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.”

·         An additional condition be added to the licence to read “The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.”

·         An additional condition be added to the licence to read “All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.”

·         An additional condition be added to the licence to read “All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.”

·         An additional condition be added to the licence to read “The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.”

·         Model Condition 22 be added to the licence.

·         Model Condition 57 be added to the licence.

2.

Sale by Retail of Alcohol – On and Off Sales

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

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.

Amendments to application advised at hearing:

The Sub-Committee was advised that the terminal hour for the sale of alcohol had been reduced to 23:00 Monday to Saturday.

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

The application was granted, the reason for the decision is detailed in section 1.

3.

Hours Premises are Open to the Public

Monday to Thursday: 09:00 to 00:00

Friday to Saturday: 09:00 to 00:30

Sunday: 09:00 to 23:00

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.

Amendments to application advised at hearing:

None

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

The application was granted, the reason for the decision is detailed in section 1.