This meeting was scheduled to consider four applications for new premises licences or variations to existing licences, which all attracted objections from the Metropolitan Police, Environmental Health or members of the public. All four of the applications related to premises in central London that are scheduled to operate as restaurants or bars.

15 - 17 Mercer Street, London

15-17 Mercer Street was scheduled to be discussed after an application was made for a new premises licence. The application was submitted by Longmartin Properties Ltd and B & T Seven Dials Ltd. They requested permission for the following:

• The sale of alcohol for consumption on the premises from 10am to 1am Monday to Saturday and 12pm to 12.30am on Sundays.
• Late Night Refreshment¹ indoors from 11pm to 1am Monday to Saturday and 11pm to 12.30am on Sundays.
• The playing of recorded music indoors from 10am to 1am Monday to Saturday and 12pm to 12.30am on Sundays.
• Opening hours of 10am to 1am Monday to Saturday and 12pm to 12.30am on Sundays.
• Non standard timings² to permit all of the above until 1am on Sundays immediately preceding a Bank Holiday Monday, and from the end of permitted hours on New Years Eve to the start of permitted hours on New Year's Day.

The application stated that the premises would operate as a bar where alcohol would be sold only to customers who are seated and served by waiters and waitresses.

A representation objecting to the application was received from Environmental Health. The representation noted that the application sought to permit licensable activities beyond the core hours stipulated in the council's Statement of Licensing Policy, and said:

The granting of the new Premises Licence as presented would have the likely effect of causing an increase in Public Nuisance in the cumulative impact area and may impact on Public Safety.

The Licensing Authority also submitted a representation, saying that they had concerns about how the premises would promote all four of the licensing objectives: the prevention of crime & disorder, public safety, the prevention of public nuisance, and the protection of children from harm.

The Licensing Authority noted that the premises are located within the West End Cumulative Impact Zone. They said that the evidence to support this designation is set out in the Licensing Authority's Cumulative Impact Assessment.

They asked the applicant to explain how the conditions they had proposed, and the operation of the premises, would not add to cumulative impact in this area, in accordance with policy CIP1 of the council's Licensing Policy.

The report pack also included four objections from local residents or residents associations. The objectors raised concerns about the potential for the premises to cause noise and disturbance late at night, particularly because of the number of nearby residential properties.

The Covent Garden Community Association³ said:

It is difficult to imagine any other site in the area which has the same potential to have as big an impact on its immediate neighbours.

They also noted that the premises have a history of causing noise and disturbance to residents, even when operating as a private members' club. They asked that the licence be restricted to the core hours set out in the council's Licensing Policy.

175 Edgware Road, London

175 Edgware Road was scheduled to be discussed after Mr Seifalla Abdelmoateleb submitted an application for a new premises licence. Mr Abdelmoateleb requested permission for the following:

• Late Night Refreshment indoors from 11pm to 11.30pm Monday to Thursday, 11pm to midnight Friday and Saturday, and 11pm to midnight on Sundays immediately preceding a Bank Holiday Monday.
• Opening hours of 11.30am to midnight Monday to Thursday, 11.30am to midnight Friday and Saturday, and 11.30am to 10.30pm on Sundays.
• Non standard timings to permit opening hours until midnight on Sundays immediately preceding a Bank Holiday Monday.

The applicant said that the premises would operate as a vegan fast food restaurant.

Environmental Health submitted a representation objecting to the application. The representation raised concerns about the potential for the premises to cause an increase in public nuisance and affect public safety in the area because of the proposed hours and activities. They said:

The granting of the new Premises Licence as presented would have the likely effect of causing an increase in Public Nuisance in the area and may impact on Public Safety.

A representation objecting to the application was also received from The Hyde Park Estate Association⁴. The representation objected to the application for a Late Night Refreshment licence from 11pm to 2am, saying:

We do not feel this application will achieve the four WCC Licensing objectives (Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and Prevention of Children from harm).

The report pack included an objection from Marylebone Labour Action Team⁵. The representation objected to the application because they felt that it would fail to support the licensing objectives, particularly the prevention of crime & disorder and public nuisance. They withdrew their objection after the applicant amended their application to request core hours.

The report pack notes that the premises are located within the Edgware Road Special Consideration Zone. This zone is subject to stricter controls on licensing in order to address local issues such as serious violent crimes at night, incidents relating to ambulance call outs, and noise nuisance.

Le Duke, 72-76 Duke Street, London

An application for a new premises licence was made by Double Three Hospitality Ltd in respect of Le Duke at 72-76 Duke Street. The application requested permission for the following:

• Late Night Refreshment indoors and outdoors from 11pm to 11.30pm Monday to Thursday, 11pm to midnight Friday and Saturday, and 11pm to midnight on Sundays immediately preceding a Bank Holiday Monday.
• The playing of recorded music indoors from 11pm to 11.30pm Monday to Thursday, 11pm to midnight Friday and Saturday, and 11pm to midnight on Sundays immediately preceding a Bank Holiday Monday.
• The sale of alcohol for consumption on and off the premises from 9am to 11.30pm Monday to Thursday, 9am to midnight Friday and Saturday, and 9am to 10.30pm on Sundays.
• Opening hours of 7am to 11.30pm Monday to Thursday, 7am to midnight Friday and Saturday, and 7am to 10.30pm on Sundays.
• Non standard timings to permit all of the above until midnight on Sundays immediately preceding a Bank Holiday Monday, and from the end of permitted hours on New Years Eve to the start of permitted hours on New Year's Day.

The applicant said that the premises would operate as a restaurant.

Environmental Health submitted a representation objecting to the application. The representation noted that although the applicant had said that the premises would be a restaurant, it had not been sufficiently conditioned to operate as one, and said:

Applicant must bear in mind that activities in restaurants continue after licensable activities have ended for longer. These include customers finishing their meals and paying the bill, and the clearing up in the kitchen and the public parts of the restaurant. There may also be handling and removal of waste and recyclable materials, but this can also be done the next day. These activities can give rise to public nuisance and public safety concerns.

They also said that because the premises would be playing recorded music, the Music and Dance Premises Policy MD1 of the council's Licensing Policy would apply, saying:

Regard ought to have been given to the fact that the provision of music and dancing, especially with loud amplified music, and the large numbers of people attending venues and congregating outside them, can lead to concerns over public nuisance and in some cases crime and disorder. This increases the risk of public nuisance and/or public safety associated with the application.

They proposed conditions that would require all outside tables and chairs to be rendered unusable by 11pm, and would require that:

The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

The report pack also included objections from four local residents or residents associations. The objections all raised concerns about the proposed hours of operation, saying that these would cause noise and disturbance to residents living in the surrounding area.

Basement and Ground Floor, 27 Old Compton Street, London

C&B LS Limited applied to vary the premises licence for Basement and Ground Floor at 27 Old Compton Street. The report pack notes that the premises already had a licence, and that the applicant wanted to make a number of changes to it, including:

• extending the licensed area to include the basement,
• increasing the capacity from 20 to 50, and
• amending condition 16, which restricted the sale of alcohol to customers who were taking a substantial table meal.

The applicant requested that the amended condition should state:

The supply of alcohol after 10 pm shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

The applicant said that the premises would operate as a high-end specialist wine bar with food available.

The Licensing Authority submitted a representation objecting to the application. The representation noted that the premises were located in the West End Cumulative Impact Zone and said that the applicant would need to demonstrate that the premises would not add to cumulative impact if the application were granted.

The representation raised specific concerns about the proposed increase in capacity, asking:

Will the basement area be for seated patrons only or will there be vertical drinking[^7] permitted in this space prior to 10pm?

They also asked the applicant whether they had a dispersal policy, and what provisions would be in place to mitigate any possible issues regarding noise and nuisance if the increase in the licensed area and capacity were granted.

The Licensing Authority noted that the proposed amendment to condition 16, coupled with the increase in capacity, would transform a standard restaurant to a bar where people can consume alcohol without taking a table meal for much of the day. They said that this was contrary to the Restaurants Policy RNT1 and the Public Houses and Bars Policy PB1 of the council's Licensing Policy, which both included a presumption to refuse applications within the West End Cumulative Impact Zone. They said:

This is a significant and important change from its original use, it is contrary to the Restaurant Policy RNT1 and the Pubs and Bar PB1 where there is a presumption to refuse applications within the West End Cumulative Impact Zone, it will clearly increase cumulative impact, crime and disorder and noise nuisance to residents.

The Licensing Authority also referred to the council's Cumulative Impact Assessment 2023, saying that the evidence in this assessment shows that any increase in the number of hours, the number of people consuming alcohol, or the number of licensed premises would fail to promote the licensing objectives and increase cumulative impact.

The report pack included a lengthy appendix setting out the concerns of residents about the cumulative impact of the large number of licensed premises in Soho. The appendix quoted a proposed new Licensing Authority statement from the Cumulative Impact Assessment, which stated:

It is the view of the Licensing Authority that the number of relevant authorisations in respect of premises in the West End is such that it is likely that it would be inconsistent with the authority’s duty under section 4(1) Licensing Act 2003 to grant any further relevant authorisations or variations in respect of premises in the West End.

The report pack also included an appendix setting out evidence on crime and disorder in Soho, noting that:

• 66% of all crime in Westminster takes place in the West End and St James’s wards,
• 65% of sexual offences in Westminster are in the West End and St James’s wards, and
• the majority of crime takes place on Friday / Saturday and Saturday/Sunday between 6pm and 6am.

The appendix quoted evidence from the Met Police showing high levels of violence against women and girls in the West End, and referred to evidence from a resident whose family had been affected by noise nuisance from licensed premises.