The Licensing Sub-Committee (3) met on Thursday 29 February 2024 to consider three licensing applications. Decisions were made on variations to the licences for Mr Foggs Apothecary and Jeru, and a new licence for House of Cans.

Mr Foggs Apothecary, Basement, 34 Brook Street, Mayfair, W1K 3DN

The committee considered a variation application for Mr Foggs Apothecary, a themed bar in Mayfair. The application sought to amend conditions relating to last entry times and the requirement for SIA door supervisors.

The applicant, Brook Street Bar Limited, requested to extend the last admittance and re-admittance time from midnight to 1:00 AM. They also sought to modify the conditions regarding SIA door supervisors, proposing that their deployment be based on a written risk assessment rather than a blanket requirement from 6:00 PM daily. Specifically, they wished to change condition 42 to state that SIA door supervisors would be on duty from 6:00 PM when required, and condition 43 to limit the requirement for two door supervisors patrolling the outside area to Fridays and Saturdays only, rather than every day.

Representations were received from the Environmental Health Service and three interested parties, raising concerns about public nuisance and public safety. One interested party's representation was later withdrawn.

The Environmental Health Service, represented by Maxwell Koduah, initially expressed concerns but later agreed with the proposed amendments after the applicant agreed to a cap of 25 patrons being admitted between midnight and 1:00 AM. This agreement was seen as promoting gradual dispersal.

Interested parties, represented by Richard Brown, acknowledged that the original requirement for two SIA door supervisors might be excessive on some nights but still advocated for their presence on Thursdays, Fridays, and Saturdays. Judy Kuttner, an interested party and long-term resident, expressed concerns about noise from patrons leaving the premises, even though she could not directly attribute increased noise to Mr Foggs Apothecary.

Decision: The Sub-Committee decided to grant the application with variations. Condition 37 was amended to allow a maximum of 25 patrons to be admitted or re-admitted between midnight and 1:00 AM, with no admittance or re-admittance after 1:00 AM, except for patrons temporarily leaving. Condition 42 was varied to require SIA door supervisors from 8:00 PM on Thursdays to Saturdays (with at least one supervisor on Thursdays) and when required on Sundays to Wednesdays, based on a risk assessment. Condition 43 was amended to require at least one door supervisor on Thursdays and two on Fridays and Saturdays from 11:00 PM until 30 minutes after closing. The committee noted that the applicant had operated without complaints for 18 months and that the Metropolitan Police Service had not made representations.

Jeru, 11 Berkeley Street, W1J 8DS

The committee considered a variation application for Jeru, a restaurant with an ancillary bar and bakery/patisserie located in the Mayfair Special Consideration Zone. The application sought to extend the terminal hour for licensable activities to midnight from Sunday to Wednesday, and to 1:00 AM on Thursdays. It also proposed variations to conditions 50 and 51, which relate to the maximum number of persons permitted on the premises.

The applicant, 11 Berkeley Street Limited, argued that the extensions were to allow patrons to comfortably finish their meals and were not intended to attract more customers later in the evening. They stated that there had been no complaints directly related to the premises' operation.

Representations were received from the Environmental Health Service, and three interested parties, including the 17 Berkeley Street Residents Association. Concerns were raised about public nuisance and public safety, particularly regarding noise and dispersal from the premises, especially given the Mayfair Special Consideration Zone's focus on noise nuisance. The Environmental Health Service initially maintained their concerns about dispersal and the premises operating beyond Westminster's core hours.

Decision: The Sub-Committee decided to grant the application with modifications. The opening hours were extended by half an hour on Sundays, Mondays, Tuesdays, and Wednesdays, bringing the closing time to midnight. However, the proposed extension to 1:00 AM on Thursdays and midnight on Sundays was refused. The committee considered that a 1.5-hour extension on Thursdays and Sundays would exacerbate existing noise nuisance problems on Berkeley Street. The proposed variations to conditions 50 and 51 were refused as they were predicated on the extended Thursday hours. The revised closing time on Thursdays is midnight.

House of Cans, Ground Floor Front, 12 D'Arblay Street, W1F 8DU

The committee considered a new premises licence application for House of Cans, a specialist, can-only off-licence focused on premium, small-batch alcoholic and non-alcoholic drinks. The premises is located in the West End Cumulative Impact Area.

The applicant, House of Cans Limited, initially proposed a terminal hour for alcohol sales and closing time of 11:00 PM. However, following consultation, this was reduced to 9:00 PM. The application also included provisions for limited on-site consumption, with a proposed capacity of 20 persons (excluding staff) and up to 26 tasting events per year.

Representations were received from the Environmental Health Service, the Licensing Authority, the Metropolitan Police Service, and the Soho Society. The responsible authorities withdrew their representations after the applicant reduced the proposed hours. The Soho Society maintained their representation, expressing concerns about street drinking, cumulative impact, and the potential for the premises to contribute to public nuisance in the D'Arblay Street area.

Decision: The Sub-Committee decided to grant the new premises licence. The committee placed significant weight on the withdrawal of representations from the responsible authorities, particularly the Licensing Authority, who deemed the application compliant with policy within the Cumulative Impact Zone. The premises will operate as a specialist can-only off-licence with limited on-sales for product sampling. The licence was granted with conditions including: alcohol sales and opening hours from 12:00 PM to 9:00 PM daily; a maximum of 20 persons on the premises at any one time (excluding staff), with an increase to 20 for tasting events; no more than 26 tasting events per year, with a register to be kept; no alcohol to be sold for immediate consumption outside the premises; and no persons under 18 to be allowed in the shop. The committee accepted the applicant's argument that their premium product and early closing time would not contribute to street drinking or cumulative impact.