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Licensing Sub-Committee (4) - Thursday 30th January, 2025 10.00 am

January 30, 2025 View on council website  Watch video of meeting
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Summary

This meeting was about whether to grant or refuse three applications concerning the sale of alcohol. The most contentious decision was a request to allow a bottle shop to place tables and chairs outside of its shop, which was opposed by several neighbours. There was also a request to extend the hours during which alcohol can be sold at a petrol station, and a request for a new license for a speakeasy bar in a basement.

Real Drinks - 4 Formosa Street, London, W9 1EE

Real Drinks Group Limited applied to vary the Premises Licence for Real Drinks, a craft drinks specialist shop. The shop sells alcoholic and non-alcoholic drinks, as well as high-end bar snacks, for consumption on and off the premises.

The applicant requested two changes to its licence.

Firstly, it requested permission to remove condition 16 from its licence, which states that There shall be no tables and chairs placed outside the premises. The shop already has a Pavement Licence1 which allows it to place two tables, with four chairs, outside the shop. This licence has to be renewed every six months, and they do not believe they have received any complaints about the tables and chairs since they were installed.

Secondly, it wants to increase the number of people allowed to drink on the ground floor of the shop from eight to 12. The applicant argued that They prefer to sit at ground floor level, where there is natural light, and generally a better atmosphere, where service is also operating from. The shop would keep its current total capacity of 20 people.

This application was supported by nine members of the public. These submissions described the business as well managed, and a valuable community hub.

However, four people wrote to the council to object to the application. One said that they worry about the noise outside Real Drinks sometimes from the smokers and drinkers at night.

Another objector raised concerns about the applicant's plans to encourage customers to drink on Warrington Crescent:

The Applicant last sought to remove this condition circa 5 years ago wherein at a Licensing hearing the applicant noted in response to an objection from a Formosa Street resident (represented by Councilman Caplan) that commensurate customer noise could be encouraged to move around the corner on Warrington Crescent.

One of the objectors raised concerns about the current operation of the shop, alleging that according to the current license, no outside seating is permitted. However, upon inspection, you will notice that the establishment already has two tables placed outside, which indicates a breach of their existing license.

Mr Anil Drayan, an Environmental Health Officer, made a representation on the application. He raised concerns that the application might undermine the licensing objectives of prevention of public nuisance and public safety, requesting a site visit to discuss the proposal after which Environmental Health may propose additional conditions to allay its concerns.

The documents indicate that Mr Drayan subsequently visited the shop, and did not suggest any further conditions.

Shell Little Waitrose Bayswater - 104-105 Bayswater Road, W2 3HJ

Shell UK Oil Products Limited applied to vary the Premises Licence for Shell Little Waitrose Bayswater. The applicant requested that it be permitted to sell alcohol at the shop for 24 hours per day.

The application was opposed by The South East Bayswater Residents Association (SEBRA). SEBRA objected to the application because:

It will not, as a general rule, grant applications for the 24- hour sale of alcohol for consumption off the premises for premises outside the West End Cumulative Impact Zone.

SEBRA argued that this is because We already have a street drinking and rough sleeping problem in nearby Queensway and the area and the availability to purchase alcohol 24 hours a day could well make this problem worse.

They also argued that the applicant is in breach of s176 Licensing Act 2003 (prohibition of alcohol sales at service areas, garages etc):

We would also expect the applicant (Shell UK Oil Products Limited, not Waitrose) to have outlined how they do not fall foul of s176 Licensing Act 2003 (prohibition of alcohol sales at service areas, garages etc). s176(4)(c) defines a garage as 'premises are used as a garage if they are used for one or more of the following — (i)the retailing of petrol, (ii)the retailing of derv, (iii)the sale of motor vehicles, (iv)the maintenance of motor vehicles.' We therefore consider no extension of hours for sale of alcohol should be granted.

SEBRA asked for a number of conditions to be imposed on the licence, including that:

  • On the control of hours of deliveries we request that all deliveries shall not take place between 23.00 and 08.00
  • Refuse and recycling collections not to take place between 23.00 to 08.00
  • No spirit miniatures of less than 20cl shall be sold on premises
  • No more than 15% of sales area in convenience shall be used for sales or display of alcohol
  • No sales of beer, lagers or ciders over 5.50 [ABV[^3]]
  • All alcohol in sales area to be kept in lockable cabinets after hours permitted for sale of alcohol
  • No noise or odours to emanate from shop premises

Basement And Ground Floor 3 - 5 Barrett Street, London, W1U 1AY

Scp Estates Limited applied for a New Premises Licence for the basement and ground floor of 3 - 5 Barrett Street. The applicant wanted permission to sell alcohol and play recorded music in a Speakeasy Bar at the premises from 10am to 11.30pm Sunday to Tuesday, 10am to 1.30am Wednesday to Thursday, and 12pm to 10.30pm on Sundays.

This application was opposed by the Marylebone Association. They objected to the application on the basis that the likely effect of granting the (late license element of the) application is to harm the licensing objectives, particularly 'prevention of public nuisance' and 'prevention of crime and disorder'. They argued that the application would lead to:

  • An increase in crime and disorder
  • An increase in noise and disturbance
  • Dispersal late at night - Oxford Circus is already a high stress area

They also raised concerns about the lack of detail in the application about the capacity of the bar:

Furthermore, given the size of the premises one would expect a capacity given it is a basement. (we cannot see one on the application) and we would expect this to be a seated/table service venue.

They expressed surprise that the application did not include a request to serve late night refreshment, concluding that this suggesting that it is a drinking-led venue.

The application was also opposed by Mr Anil Drayan. He argued that the proposal may undermine the licensing objectives of Public Safety and Prevention of Public Nuisance, and said that An extensive list of conditions have been offered and these are being reviewed after which Environmental Health may suggest additional conditions to allay its concerns.

It appears that after receiving these representations, the applicant met with the Marylebone Association and agreed to three changes to its application:

  1. There will be no ‘Off Sales’
  2. No drinks allowed outside at any time
  3. Limiting the capacity to no more than 30

There is no indication of what additional conditions Mr Drayan requested.


  1. Pavement licences allow businesses to place removable furniture over certain areas of the pavement. They were introduced as a temporary measure during the Covid-19 pandemic, and were made permanent by The Business and Planning Act 2020.