Licensing Sub-Committee City of Westminster Report Item No: Date: 24 October 2019 Licensing Ref No: 19/09810/LIPN - New Premises Licence Title of Report: The Admiral Duncan Public House 54 Old Compton Street London W1D 4UD Report of: Director of Public Protection and Licensing Wards involved: West End Policy context: City of Westminster Statement of Licensing Policy Financial summary: None Report Author: Michelle Steward Senior Licensing Officer Contact details Telephone: 020 7641 1872 Email: [email protected] 1. Application 1-A Applicant and premises Application Type: New Premises Licence, Licensing Act 2003 Application received date: 8 August 2019 Applicant: Stonegate Pub Company Limited Premises: The Admiral Duncan Public House Premises address: 54 Old Compton Street Ward: West End London W1D 4UD Cumulative West End Impact Area: Premises description: According to the application form, this is an application for a premises licence operating as a public house. Premises licence history: Although this is a new premises licence application, the premises has had the benefit of a premises licence sinc e 2005. The current premises licence 17/06945/LIPDPS is attached at Appendix 3 of the report together with a full licence history. If the Licensing Sub-Committee are minded to grant the application, the applicant has confirmed that licence 17/06945/LIPDPS will be surrendered. Applicant submissions: Submissions from the applicant can be seen at Appendix 2. 1-B Proposed licensable activities and hours Late Night Refreshment: Indoors, outdoors or both: Indoors Day: Mon Tues Wed Thur Fri Sat Sun Start: 23:00 23:00 23:00 23:00 23:00 23:00 End: 03:00 03:00 03:00 03:00 03:00 03:00 Seasonal variations/ Non- The terminal hour to be 03:00 hours the following day on Bank standard timings: Holiday Sundays, New Year’s Eve and Christmas Eve. An additional hour to the terminal hour on the day that British Summertime commences. Provision of films, live music, recorded Indoors, outdoors or both: Indoors music, performance of dance and anything of a similar description Day: Mon Tues Wed Thur Fri Sat Sun Start: 10:00 10:00 10:00 10:00 10:00 10:00 12:00 End: 03:00 03:00 03:00 03:00 03:00 03:00 22:30 Seasonal variations/ Non- The terminal hour to be 03:00 hours the following day on Bank standard timings: Holiday Sundays, New Year’s Eve and Christmas Eve. An additional hour to the terminal hour on the day that British Summertime commences. Sale by retail of alcohol On or off sales or both: Both Day: Mon Tues Wed Thur Fri Sat Sun Start: 10:00 10:00 10:00 10:00 10:00 10:00 12:00 End: 03:00 03:00 03:00 03:00 03:00 03:00 22:30 Seasonal variations/ Non- The terminal hour to be 03:00 hours the following day on Bank standard timings: Holiday Sundays, New Year’s Eve and Christmas Eve. An additional hour to the terminal hour on the day that British Summertime commences. Hours premises are open to the public Day: Mon Tues Wed Thur Fri Sat Sun Start: 10:00 10:00 10:00 10:00 10:00 10:00 12:00 End: 03:30 03:30 03:30 03:30 03:30 03:30 23:00 Seasonal variations/ Non- The terminal hour to be 03:00 hours the following day on Bank standard timings: Holiday Sundays, New Year’s Eve and Christmas Eve. An additional hour to the terminal hour on the day that British Summertime commences. 2. Representations 2-A Responsible Authorities Responsible Metropolitan Police Service Authority: Representative: PC Bryan Lewis Received: 3 September 2019 With reference to the above application, I am writing to inform you that the Metropolitan Police, as a Responsible Authority, is objecting to this application as it is our belief that if granted this application would undermine the Licensing Objectives. The venue is located in the West End Cumulative Impact Area, a locality where there is traditionally high levels of crime and disorder. We have concerns that this application will cause further policing problems in an already demanding area. Responsible Environmental Health Service Authority: Representative: Ian Watson Received: 4 September 2019 I refer to the application for a New Premises Licence for the above premises. The premises are located within the West End Cumulative Impact Area as stated in the City of Westminster’s Statement of Licensing Policy. The applicant has submitted floor plans of the premises. This representation is based on the plans and operating schedule submitted. The applicant is seeking the following 1. To provide for the Supply of Alcohol ‘On’ and ‘Off’ the premises Monday to Saturday between 10.00 and 03.00 hours and Sunday between 12.00 to 22.30 hours. British summertime additional hour, Bank Holiday Sundays, Christmas Eve and New Year’s Eve till 03.00 hours. 2. To provide Late Night Refreshment ‘Indoors’ Monday to Saturday between 23.00 and 03.00 hours. British summertime additional hour, Bank Holiday Sundays, Christmas Eve and New Year’s Eve till 03.00 hours. 3. To provide regulated entertainment ‘Indoors’ comprising Films Live Music Recorded Music Performance of Dance Anything of a similar description to Live Music, Recorded Music and Performance of Dance Monday to Saturday between 10.00 and 03.00 hours and Sunday between 12.00 to 22.30 hours. British summertime additional hour, Bank Holiday Sundays, Christmas Eve and New Year’s Eve till 03.00 hours. I wish to make the following representation 1. The hours requested for the Supply of Alcohol will have the likely effect of causing an increase in Public Nuisance within the West End CIA. 2. The hours requested to permit the provision of Late Night Refreshment will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the West End CIA. 3. The hours requested to permit the provision of regulated entertainment will have the likely effect of causing an increase in Public Nuisance within the West End CIA. The applicant has provided additional information with the application which is being considered. Responsible Licensing Authority Authority: Representative: Karyn Abbott Received: 3 September 2019 I write in relation to the application submitted for a new premises licence for 54 Old Compton Street, London W1D 4UD. As a responsible authority under section 13 (4) of the Licensing Act 2003 as amended under the Police and Social Responsibility Act 2011, the Licensing Authority have considered your application in full. The Licensing Authority has concerns in relation to this application and how the premises would promote the four Licensing Objectives: • Public Nuisance • Prevention of Crime & Disorder • Public Safety • Protection of children from harm The application seeks the following: • Films, Live and Recorded Music Performance of Dance, Anything of a similar description to that falling within (e), (f) or (g) - Indoors Monday to Saturday 10:00 to 03:00 Sunday 12:00 to 22:30 Non Standard Timings: The terminal hour to be 03:00 hours the following day on Bank Holiday Sundays, New Years Eve and Christmas Eve. An additional hour to the terminal hour on the day that British Summertime commences. • Late Night Refreshment Monday to Saturday 23:00 to 03:00 • Supply of Alcohol On and Off Premises Monday to Saturday 10:00 to 03:00 Sunday 12:00 to 22:30 Non Standard Timings: The terminal hour to be 03:00 hours the following day on Bank Holiday Sundays, New Years Eve and Christmas Eve. An additional hour to the terminal hour on the day that British Summertime commences. • Opening Hours to Public Monday to Saturday 10:00 to 03:30 Sunday 12:00 to 23:00 Non Standard Timings: The terminal hour to be 03:00 hours the following day on Bank Holiday Sundays, New Years Eve and Christmas Eve. An additional hour to the terminal hour on the day that British Summertime commences. The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1, PVC2, MD2 and PB2. Although the premises are currently licensed (Licence no. 17/06945/LIPDPS) the applicant has applied for a new application. As such, the operating hours applied for licensable activities currently fall outside of Westminster’s core hours. For premises for the supply of alcohol for consumption on and off the premises and other licensable activities, the Licensing Authority encourage that the applicant reduce the hours to be within Westminster’s Core hours; Supply of Alcohol On and Off the Premises Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 12:00 to 22:30 Other Licensable activities Monday to Thursday 09:00 to 23:30 Friday to Saturday 09:00 to 00:00 Sunday: 09:00 to 22:30 The application as it currently stands falls within Westminster’s MD2 and PB2 Policy. It is the Licensing Authority’s policy to refuse applications in the Cumulative Impact Areas other than applications to vary hours within Core Hours under Policy HRS1. Paragraphs 2.5.23 and 2.5.48 states that the Licensing Authority considers that new applications for pubs and bars plus premises offering facilities for music and dancing in the Cumulative Impact Areas should be refused save where an applicant can demonstrate exceptional circumstances. With regard to Policy PB2 the Licensing Authority note that after the hours of 23:30 hours Monday to Thursday and midnight Friday and Saturday the premises will only provide the sale by retail of alcohol and licensable activities when live staged cabaret performances are taking place.