Licensing Sub-Committee (4) - Thursday 12th September, 2024 10.00 am

September 12, 2024 View on council website  Watch video of meeting
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Summary

The Licensing Sub-Committee (4) was scheduled to discuss three applications for new premises licences. Two of the applications, for premises at 80 Duke Street and 15-16 Bedford Street, had received objections from members of the public. The third, for a 'shadow licence'1 at 49-51 Carnaby Street had received an objection from The Soho Society.

49-51 Carnaby Street

The application for a shadow licence at 49-51 Carnaby Street was made by Shaftesbury Av Limited, and it is for the same licensable activities and the same hours as the current licence, which was granted in February 2020, following a Licensing Sub-Committee Hearing. These include the sale of alcohol both on and off the premises until 2:00 Sunday to Wednesday and 3:00 Thursday to Saturday. The licence also permits live music, recorded music, anything of a similar description to live music, recorded music, or performance of dance, performance of dance, and late night refreshment from 9:00 until 2:00 Sunday to Wednesday, 3:00 Thursday to Saturday, and midnight on Sunday.

The Soho Society objected to the application, arguing that shadow licences can have a negative impact on the licensing objectives, in particular in relation to cumulative impact. They were willing to withdraw their representation if the applicant agreed to the following condition:

The shadow licence will not take effect when the current licence (24/02144/LIPVM or successor reference) is in operation, is surrendered, suspended or revoked

The Soho Society argued that the condition was necessary to protect residents and the safety of those on a night out in Soho.

80 Duke Street

The application for a new premises licence at 80 Duke Street was made by Grosvenor West End Properties. The application is for the reinstatement of a lapsed licence, granted in part in June 2023. It is for the sale of alcohol on and off the premises from 9:00 to 23:30 every day and the provision of late night refreshment indoors from 23:00 to midnight every day.

The report pack notes that two objections to the application have been received from members of the public. The first of these argues that the licence would have a detrimental effect on the wellbeing of local residents, and would create a lots of negative issuses in the neighbourhood like: antisocial behaviour associated with drinking alcohol, lots of loud noise, shher number of people until late at night, increasedtraffic and parking issues, loud music, drunk people outside the premises and more...... The objector argues that the licence would interfere with their right to quiet enjoyment of the property and prevent them from sleeping.

The second objector argued that there is a very high risk of people leaving the restaurant passing by bedroom windows at 1am and later and with alcohol being served til such a late hour there is a high risk of people passing windows having extra lubricated voice boxes which can increase noise and running the risk of disturbing residents. The objector also expressed concerns about 24/7 deliveries to the premises.

The Environmental Health Service also made a representation, arguing that the application may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

The applicant was requested to discuss the above with the Environmental Health Service, but the report pack does not indicate whether this has happened, or whether the concerns of the objectors and the Environmental Health Service have been addressed.

15-16 Bedford Street

The application for a new premises licence at 15-16 Bedford Street, for a premises to be called 'Amelia', was made by Aaj Tea House Limited. The applicant states that the premises will trade as a local cafeteria & patisserie and that they wish to sell alcohol to be served with our cakes and sweet pastries. They specifically mentioned that they intend to serve mulled wine during the winter months.

The application was originally for the sale of alcohol on the premises from 12:00 to 20:00 Sunday to Thursday, 12:00 to 20:30 Friday and 12:00 to 21:00 Saturday, but following representations this was amended to 12:00 to 20:00 Monday to Sunday inclusive.

The Licensing Authority originally objected to the application, stating:

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 Licensing Authority was particularly concerned about the application given that the premises are in the West End Cumulative Impact Area. They also noted that the application contained a lot of detail that was not relevant to the four licensing objectives, and they suggested a number of conditions that could be added to the licence to address their concerns. Following a reduction in the hours applied for on Fridays and Saturdays, and agreement of additional conditions, the Licensing Authority withdrew their representation.

The Metropolitan Police Service did not make a formal representation, stating in their response that they had agreed conditions with the applicant. The conditions agreed with the police are included in the report pack.

Environmental Health made a representation, requesting that the applicant contact them to arrange a site visit to discuss the proposal after which Environmental Health may suggest additional conditions to allay its concerns. The report pack does not indicate whether a site visit has taken place or whether Environmental Health’s concerns have been addressed.

An objection was also received from a member of the public, who argued that the application would profoundly affect the business type and that it would add to the overabundance of alcohol related businesses in Bedford St., which is rapidly becoming a drunken free for all in the evenings. The objector also expressed concern about the sale of alcohol on a Sunday, arguing that this would remove ANY peace that residents might expect on a Sunday. They argued that WCC has a duty of care to residents and this proposal would profoundly alter both the nature of that unit, and add to the chaos that residents face in Bedford St..

The report pack does not indicate whether any of the concerns of the objector have been addressed.


  1. A shadow licence is a premises licence that has been granted, but which cannot be used while the current licence is in force. They are often granted to landlords to ensure that they will be able to easily let the property to a business that wishes to sell alcohol if the current tenant ceases trading.