Licensing Sub-Committee (2) - Thursday 25th July, 2024 10.00 am

July 25, 2024 View on council website  Watch video of meeting
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Summary

The Licensing Sub-Committee (2) of Westminster City Council was scheduled to consider three applications for new and varied licenses on the 25th July 2024. One of the applications related to an entirely new business, and if approved, it would be the first of its kind in Soho. Two of the applications were opposed by residents.

Clays

The committee was scheduled to discuss an application for a new premises licence at 77 Brewer Street for a business called Clays.

Clays is described by the applicant as a competitive socialising venue, with its main attraction being a virtual clay pigeon shooting experience. This would be the first business of its kind in Soho. The venue would be owned by Trigger Opco4 Ltd, who currently operate two other Clays premises, one in Moorgate and one in Canary Wharf.

The applicant requested permission for the sale of alcohol from 10am to midnight Sunday to Wednesday, 10am to 1am Thursday to Saturday, and late night refreshment until 1am. The requested hours are outside of the City Council's Core Hours, which set out the times when customers are generally permitted to be on the premises for different types of businesses.

In their submission to the committee, the Metropolitan Police Service objected to the application on the grounds that the requested hours exceed core hours, and that the application lacked sufficient detail to demonstrate that the four licensing objectives would be met.

The application was also opposed by The Soho Society, a local residents' association. Their objection stated:

"The Committee will be aware the premises is situated within the West End Cumulative Impact Zone and the onus is on the applicant to demonstrate they will not increase cumulative impact and will promote the licensing objectives. We object to this application on the following grounds:-

• To our knowledge this is the first application for a ‘competitive socialising venue’ in Soho and in our view this application does not fall within the CCSOS1 policy as it is not a sporting event for the proposes of that policy. • We note the applicant proposes to reduce the terminal hour until midnight on the least busiest days of the week Monday to Wednesday, by this they have to show that reducing the terminal hour by one hour cancels out; a new bar with a capacity of 550 an addition of 190 people, and the removal of the restaurant condition which applied to the majority of the premises will NOT increase cumulative impact, crime and disorder and noise nuisance to residents, clearly they cannot. • Residents live all the way along Brewer Street and in the streets which surround it, they are already subjected to noise disturbance and anti-social behaviour, they are disturbed by the late night activity as people walk by either shouting, screaming or arguing, noise from pedicabs, car doors slamming, horns honking."

The Soho Society also argued that the increase in capacity from the previous use of the premises as the Park Row restaurant from 360 to 550, would likely lead to an increase in crime and disorder in the area.

Another local resident also objected to the application on the grounds that:

The increase in capacity proposed from 360 to 550 would result in a proportionately greater incidence in crime in the adjacent areas. It is well known that mugging takes place in the late hours of the night when customers leave premises after having consumed alcohol and are not fully aware of the risks to them. They will be prey for the gangs of criminals that are already rife in Soho

The applicant submitted a series of documents in support of their application, including a witness statement from Thomas Snellock, the CEO of Trigger Opco4 Ltd, a report from independent licensing consultant Adrian Studd, and a letter of support from Hamish McInnes, CEO of British Shooting. British Shooting is the governing body for Olympic shooting in the UK, and they highlighted Clays' work to support the sport.

Crunchy Falafel

The committee was also scheduled to discuss an application for a new premises licence at the Trocadero at 13 Coventry Street for a business called Crunchy Falafel.

The applicant, whose name is not included in the publicly available documents, sought permission for the sale of late night refreshment from 11pm to 2am, seven days a week. The Licensing Authority noted that this was a re-submission of a previous application that was refused in January 2024 on the grounds that the applicant failed to provide sufficient reasons for their discretion to be exercised to depart from policy. The Licensing Authority also noted that the application lacked detail in the operating schedule.

The Licensing Authority's representation to the committee noted:

The applicant must also demonstrate how they intend to manage any potential risks including where specific policies apply to the area and how the policy impacts on their application and what measures will be in place to mitigate the impact and must consider all factors which may be relevant to promote the licensing objectives.

Boxcar

Finally, the committee was scheduled to discuss an application for a variation to a premises licence at 30-31 Kendal Street for a business called Boxcar.

The applicant, Boxcar Kendal St Ltd sought permission to vary the layout of the premises, to extend the terminal hour for the sale of alcohol and opening hours, to amend condition 15 of their premises licence to allow the sale of alcohol off the premises in sealed containers, and to remove conditions 16 and 20. Condition 16 prohibited the consumption of alcohol outside of the premises except by patrons seated at tables, and condition 20 prohibited the sale of draught beer.

The applicant stated their intention to operate as a baker and delicatessen having previously operated as a cafe. The application was supported by one resident, and opposed by five.

The South East Bayswater Residents Association (SEBRA) objected to the removal of condition 16 stating:

We do have very strong objection to the request for the deletion of Condition No 16, as this would effectively allow vertical drinking[^2] in the outside area of the premises, especially as a residential area, with flats immediately above in Coniston Court, residential premises in the adjacent [Titchborne Row](https://www.google.com/maps/search/Titchborne+Row+Westminster) and residential units opposite in [Connaught Street](https://www.google.com/maps/search/Connaught+Street+Westminster).

Another resident objected to the later opening hours, and stated their preference for a 9pm closure. Other concerns raised by residents included the smell of cooking meat products, and the use of Titchborne Row by delivery vehicles. The applicant provided details of their food and drink menu, which included draft beer. They also provided a letter to the interested parties seeking to address their concerns.