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Licensing Sub-Committee (3) - Thursday 6th February, 2025 10.00 am

February 6, 2025 View on council website  Watch video of meeting
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Summary

This meeting was about two applications for new licences. One was from the Blue Note Jazz Club, and the other was from a restaurant, 20 Berkeley. Both venues wanted to be able to sell alcohol and stay open later than the council's core hours policy usually allows.

Blue Note Jazz Club

This application was for a new premises licence for Blue Note Jazz at 42-49 St Martin's Lane. The venue, which would be run by West End Jazz Limited, wanted to be open from 9am to 1am every day, serving alcohol and providing late night refreshment. They also requested permission to show films, and host live music, recorded music, and dance performances.

The venue's location in the West End Cumulative Impact Area meant that it had to show that it would not add to the existing problems of crime and disorder in the area. To do this, the applicant provided a number of supporting documents. These included a summary of their proposals, their noise management and dispersal policies, a corporate biography for Blue Note, some example menus, a statement of community involvement, and an acoustics report by RBA Acoustics.

The premises are located within the West End Cumulative Impact Area. Policy CCSOS1 applies, as a cultural venue for live performance. Appropriate model conditions are proposed to promote the licensing objectives.

- Blue Note Jazz, Summary of Proposals, January 2025

The council's Licensing Authority received a representation from a Senior Licensing Officer, Roxsana Haq, that objected to the application on all four licensing objectives. The officer felt that the applicant had not adequately demonstrated that the venue would not contribute to the cumulative impact of licensed premises in the area, particularly because it would be open later than the core hours.

The Metropolitan Police Service also submitted a representation objecting to the application, arguing that it would undermine the prevention of crime and disorder. They highlighted the high levels of crime in the West End and the risk of customers being targeted by robbers or taxi touts.

The council's Environmental Health Service also submitted a representation that objected to the application because of the potential for public nuisance. They argued that the provision of regulated entertainment, late night refreshment, and alcohol sales at the hours requested would be likely to increase public nuisance in the area.

The application also received objections from eight other people, who were mainly concerned about the potential for noise and disturbance to local residents, and the risk of increased crime and disorder in the area. They questioned whether the venue's primary function would be as a cultural venue, and argued that the late opening hours would be a magnet for people looking to continue drinking after other venues had closed. Several objectors suggested that the hours of operation be limited to 11pm.

The council's policy on Cinemas, Cultural Venues, Live Sporting Premises and Outdoor Spaces (CCSOS1) was considered in relation to the application. This policy states that applications for cultural venues within the West End Cumulative Impact Zone will generally be granted subject to a number of conditions, including a demonstration that they will not add to the cumulative impact of licensed premises in the area.

20 Berkeley

This application was for a variation to an existing licence for 20 Berkeley at 20 Berkeley Street. The restaurant, run by Creative Restaurant (Berkeley) Limited, wanted to extend its hours for the sale of alcohol, late night refreshment, and closing time to 1am from Monday to Saturday and on Sundays before Bank Holidays, and to midnight on Sundays. The application also sought to add live and recorded music to the licence in accordance with the extended hours.

The premises is located in the Mayfair Special Consideration Zone, an area where the council has identified issues with general crime, noise nuisance, and ambulance call-outs for intoxication, injury, and assault.

The applicant provided a number of documents in support of the application, including policy submissions, planning permission, a dispersal policy, a statement from licensing consultant Adrian Studd, a schedule of Temporary Event Notices (TENs) that had been used to extend the venue's operating hours previously, and a presentation about the premises.

The Metropolitan Police Service initially objected to the application on the grounds of prevention of crime and disorder, expressing concern about customers becoming intoxicated and being targeted by robbers. However, they withdrew their objection after the applicant agreed to a condition requiring all front-of-house staff to receive Welfare and Vulnerability Engagement (WAVE) training every six months.

All front of house staff at the premises shall receive Welfare and Vulnerability Engagement (WAVE) training and once every 6 months thereafter. Details of the staff trained and the date the training was provided shall be recorded and made available for inspection by the Responsible Authorities upon request.

The Environmental Health Service also made a representation because of the potential for public nuisance.

An objection was received from a resident of a nearby building, who expressed concern about the potential for increased noise and disturbance from the extended hours. They argued that Berkeley Street was already under stress because of the number of licensed premises in the area, and that the application did not adequately demonstrate that it would not add to the cumulative impact.

The council's policy on Restaurants (RNT1) was considered, which states that applications outside the West End Cumulative Impact Zone will generally be granted, subject to certain conditions. The policy on Hours (HRS1) was also considered, which allows for applications for hours outside the core hours to be considered on their merits, taking into account a number of factors, including the potential impact on residents, the availability of public transport, and the type of use.