The Licensing Sub-Committee (4) of Westminster Council met on Thursday 10 March 2016 to consider applications for variations to premises licences and a review of a premises licence. Decisions were made on all three applications.

Cleveland Arms Public House, 28 Chilworth Street, W2

The Sub-Committee granted the application to vary the premises licence for the Cleveland Arms Public House. The variation sought to increase opening hours to allow for the sale of breakfast from 8:00 am on weekdays and 9:00 am on weekends. It also included internal layout changes to increase space for licensable activities in the basement and reinstate full cooking facilities, along with additional male and female toilet facilities. The premises' capacity was to remain at 90 people.

During the hearing, local residents and the South East Bayswater Residents Association (SEBRA) raised concerns primarily about potential nuisance from people drinking outside the premises. Ms Natalia Georgiadou, Ms Fran Hutchinson, and Ms Anne Roberts, local residents, supported the concerns raised by Mr John Zamit of SEBRA. Mr Richard Brown, a solicitor from the Citizens Advice Bureau Licensing Advice Project, also represented local residents.

Ms Maria Tamander, the applicant, agreed to restrictions on outside drinking, but noted difficulties in removing furniture from the forecourt due to limited indoor space. Environmental Health officer Mr Anil Drayan commented that the furniture was in a sectioned-off area and unusable when the premises was closed. The Sub-Committee granted the application with a comprehensive set of conditions, including restrictions on external drinking hours and numbers, noise limitations, and requirements for waste management and deliveries.

G-A-Y Late, Ground Floor, 5 Goslett Yard, WC2

The Sub-Committee partially granted the application to vary the premises licence for G-A-Y Late. The applicant sought to increase the terminal hour for most licensable activities to 4:00 am (closing at 4:30 am) on Tuesdays to Saturdays, and to extend the terminal hour for Late Night Refreshment to 4:30 am on the same days. They also wished to amend the Sunday alcohol sale commencement hour from 12:00 pm to 10:00 am.

The application was located within a Cumulative Impact Area¹, meaning that new licences or variations that could add to existing problems of crime, disorder, or public nuisance are generally refused unless the applicant can demonstrate no negative impact.

Sgt Richard Bunch of the Metropolitan Police strongly opposed the application, citing 85 reported crimes in Goslett Yard over the past 12 months, with 51% attributed to G-A-Y Late, and over 250 arrests in the area. Environmental Health officer Mr Dave Nevitt also maintained an objection, stating the application was against policy for a Cumulative Impact Area and could negatively impact residents. Local resident Mr Tyler Thorne expressed concerns about noise from staff.

The applicant, represented by solicitor Mr Craig Baylis and manager Mr Jeremy Joseph, argued that extended hours would help stagger customer departures and that there had been no noise complaints since May 2013. However, the Sub-Committee, advised by Legal Adviser Mr Barry Panto, noted that the burden was on the applicant to demonstrate no added cumulative impact.

The Sub-Committee granted the application in part, agreeing to remove conditions 23 and 24, and amending condition 26 to allow entry until 1:00 am, except for Sundays before bank holidays and the Gay Pride Festival. However, the general extension of hours to 4:00 am and 4:30 am was refused, with an exception for the Saturday of the annual Gay Pride Festival. The decision was based on the lack of justification that the extended hours would not add to cumulative impact, especially given the police evidence of crime in the area.

The Harcourt Arms, 32 Harcourt Street, W1

The Sub-Committee granted a new premises licence for The Harcourt Arms, which was undergoing refurbishment. The application sought to change the layout, add private dining rooms on the first floor, reconfigure the garden area into a dining room for up to 65 customers, and extend core hours for late night refreshment and alcohol sales on Fridays and Saturdays.

Representations were received from Environmental Health and nine local residents, who had previously complained about noise from music and barbecues, and issues with a first-floor kitchen. The applicant, represented by Mr Piers Warne, confirmed that music would be occasional background entertainment and that the kitchen would be moved from the first floor to the basement, which would be fully enclosed.

Environmental Health requested a limit on the number of people smoking outside. While the applicant initially felt this was not justified, the Sub-Committee imposed a condition limiting smokers (and others temporarily leaving) to 12 persons at any one time after 10:30 pm, acknowledging the residential nature of the area. Local resident Ms Jo Slevin expressed reassurance with the amended plans. The Sub-Committee granted the application with a range of conditions, including those related to opening hours, sale of alcohol, noise control, CCTV, and a limit on the number of people smoking outside after 10:30 pm.

El Camion, 25-27 Brewer Street, W1

The Sub-Committee reviewed the premises licence for El Camion following an application by local residents Mr Lawrence Lynch and Mr Ken White, citing concerns about music noise, external smoking noise, and dispersal noise affecting residential accommodation above the premises. Environmental Health had previously served a Section 80 Abatement Notice² on the premises.

The applicants proposed removing dance, live music, and recorded music from the ground floor and reducing operating hours to core hours. Environmental Health supported the review, noting seven noise/nuisance complaints over two years and the abatement notice. The NHS also expressed concern for the health and wellbeing of children affected by noise.

The applicants, represented by Mr Richard Brown of the Citizens Advice Bureau, highlighted ongoing issues with various owners and a lack of response from the premises. Mr Lynch and Ms Maria Soares provided evidence of noise disturbance. Mr White acknowledged that some noise was expected in the West End but stated the current nuisance was unacceptable.

The licence holder, represented by Mr Mark Browning and Mr Edmund Conran, argued that many complaints were unfair and that improvements had been made, including the installation of noise limiters and a noise management plan. Mr Peter Rogers, an acoustics expert, confirmed that a new limiter had been installed in the basement and that noise was no longer audible from Mr Lynch's property.

The Sub-Committee found that public nuisance had occurred for some time and acknowledged a failure in management, particularly in responding to residents' concerns before the abatement notice. While noting improvements, they expressed concern about the delay in addressing issues. The Sub-Committee decided not to reduce the hours of operation but imposed a range of new conditions to address nuisance both inside and outside the premises. These included requirements for two SIA licensed door supervisors on duty outside after 10 pm on Thursdays, Fridays, and Saturdays, limitations on patrons smoking outside, a direct telephone number for the manager, and the continuous operation of a decibel logger. The licence holder apologised for the nuisance caused and agreed to establish a liaison process with the applicants.