The Licensing Sub-Committee (3) of Westminster Council was scheduled to consider three licensing applications. These included a new premises licence for The Arts Theatre Club, and two applications for Lower Ground Floor, 8-9 Dover Street, London: one for a Premises Licence as a Sexual Entertainment Venue (SEV) and another for a new Premises Licence.

The Arts Theatre Club, 50 Frith Street, London, W1D 4SQ

The committee was scheduled to consider a new premises licence application for The Arts Theatre Club. The applicant, Constant Leisure Ltd, sought flexibility regarding current membership conditions, a small extension to permitted Sunday hours, clarification of existing licence conditions, and permission for off-sales of alcohol in limited circumstances.

The Metropolitan Police Service objected to the application, citing concerns that it would undermine the licensing objective of the Prevention of Crime and Disorder. Their objection focused on the proposed amendment to the membership condition, which they felt would allow the venue to operate as a vertical drinks led establishment and potentially increase cumulative impact within the West End Cumulative Impact Zone.

Environmental Health also raised concerns that the proposed changes could undermine the licensing objectives of the Prevention of Public Nuisance and Public Safety within the West End Cumulative Impact Zone. They intended to further assess if alternative conditions offered by the applicant were adequate replacements for existing ones.

The Licensing Authority expressed concerns about the proposed conditions, noting that they were less restrictive than the current licence and would allow the general public into the premises during extended hours. They highlighted that the West End is a designated Cumulative Impact Zone with a presumption to refuse applications for pubs and bars outside of core hours, and that the applicant would need to demonstrate exceptional circumstances.

The Soho Society lodged an objection, specifically opposing the application for off-sales and expressing concern about the proposed changes to membership conditions. They questioned whether members admitted before core hours could stay beyond those hours.

Several individuals and organisations submitted representations in support of the application, highlighting the venue's long history, its contribution to the community, and its role in maintaining Soho's cultural vitality.

The report pack also detailed the City of Westminster's Statement of Licensing Policy, including policies on Core Hours (HRS1), Pubs and Bars (PB1), and Cumulative Impact (CIP1), which were relevant to the application.

Lower Ground Floor, 8-9 Dover Street, London, W1S 4LF (SEV)

The committee was scheduled to consider an application for a new sex establishment licence under the Local Government (Miscellaneous Provisions) Act 1982 for Lower Ground Floor, 8-9 Dover Street, London. The applicant, 8 Dover Street Restaurant Ltd, sought to operate as a Sexual Entertainment Venue (SEV) with proposed hours from 09:00 to 06:00, Monday to Sunday.

Objections were received from the Licensing Authority, the Metropolitan Police Service, and five interested parties. The Metropolitan Police Service objected on the grounds of preventing crime and disorder, citing concerns about the applied-for hours and their potential to increase crime in the Mayfair special consideration zone.

The Licensing Authority raised concerns about public nuisance, public safety, and the potential impact on the character of the area, particularly noting that the proposed hours fell outside Westminster's core hours. They requested further clarification on the intended operation of the premises, especially before midnight, and suggested reducing the hours to align with core hours.

Objectors, including the Residents Society of Mayfair and St James's and the Mayfair Neighbourhood Forum, raised significant concerns about the proposed use being incompatible with the character of the area, which is described as a premium location with high-quality commercial and residential properties. They cited potential increases in public nuisance, crime and disorder, and adverse impacts on residential amenity and property values. Specific concerns were raised about the late hours, noise, and the potential for disturbances. Objections were also made regarding the display of the public notice for the application.

The report also outlined relevant policies, including those for Special Consideration Zones (SCZ1) and Sexual Entertainment Venues (SCEV1), which stipulated that SEV licences would only be granted in exceptional circumstances and subject to specific criteria, such as not being in proximity to residential accommodation, schools, or places of worship, and that licensable activities should be ancillary to the primary purpose of the venue.

Lower Ground Floor, 8-9 Dover Street, London, W1S 4LF

In addition to the SEV application, a separate application for a new Premises Licence under the Licensing Act 2003 for the same address was scheduled for discussion. The applicant, 8 Dover Street Restaurant Ltd, sought to operate as a Sexual Entertainment Venue. The proposed licensable activities included live music from 15:00 to 03:30 daily, recorded music and dance from 15:00 to 06:00 daily, late-night refreshment from 23:00 to 05:00 daily, and the sale of alcohol on the premises from 15:00 to 05:00 daily.

Objections were received from the Metropolitan Police Service, Environmental Health, and interested parties. The Metropolitan Police Service objected on the grounds of preventing crime and disorder, citing concerns about the applied-for hours in the Mayfair special consideration zone. Environmental Health raised concerns about potential increases in public nuisance and impacts on public safety due to the proposed hours for regulated entertainment, late-night refreshment, and the supply of alcohol.

Interested parties, including residents and local organisations, also objected, echoing concerns about the impact on residential amenity, public nuisance, and crime and disorder. They argued that the proposed hours were incompatible with the character of the area and would negatively affect residents and high-end retail businesses.

The report referenced relevant policies including SCZ1, HRS1, and SCEV1, which were pertinent to the assessment of this application.