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MINUTES OF PROCEEDINGS
1. MEMBERSHIP
2. DECLARATIONS OF INTEREST
3.6 Mr. Wehbe managed the premises and had been in post for 4
years. He was present at the premises on 6 days a week and he
had a letter of authorisation from the owner. He was not present
on 21 March 2001 when the premises were visited by the
Licensing Inspectorate. However, when he had been made
aware of what had happened, he took immediate remedial
action. The licence had not been on display because it had
fallen off the wall and had been placed on a table. It has now
been put into a new frame and has been placed on the wall in a
prominent position in accordance with the advice of the
Licensing Inspector. Mr. Wehbe stated that he inspects the
premises every day to ensure that all conditions of his licence
are complied with. He had been inexperienced with fire
extinguishers when the first inspection had been made but he
had now familiarised himself with the necessary requirements.
In response to questions from Councillors, Mr. Wehbe stated
that entrance was gained to the premises from the street.
3.7 The confusion over which premises were which arose again. Mr.
Hole stated that the restaurant had a liquor licence and this
referred to number 15a. If the Night café licence were to be
issued to number 15a then the owners would have to go back to
court to get the liquor licence changed. Mr. Hole referred to an
ordnance survey map which showed number 15 to be the night
café and number 15a to be the restaurant but officers stated that
this was at variance with the plans held by the Licensing
Business Unit. Further discussion continued over this point but
Mr. Hole maintained that the breaches revealed during the visit
by the Licensing Inspectors on 21 March 2001 referred to the
restaurant rather than to the night café and were therefore
irrelevant.
This is an application by Mr Paul Young for renewal of the Night Cafe Licence
in respect of premises known as Café Fred, 15A Argyll Street, London W1.
The Sub-Committee has had regard to the policy guidelines approved by the
Planning and Transportation Committee on 28 March 2000 as amended by
the Planning and Licensing Committee on 20 June 2000. It notes that the
premises are situated in the Central Activities Zone and within the West End
Stress Area, designated by the Council as an area where residential amenity
is under severe pressure. The surrounding area is described by the District
Surveyor as one consisting of mixed commercial and residential usage. There
is no policy presumption against this renewal application, even though the
premises are licensed to operate well beyond 1am.
That the application by Mr Paul Young for renewal of the Night Cafe licence in
respect of the take-away premises known as Café Fred, (thought to be 15A),
Argyll Street, W1 be granted until 31 October 2001 subject to the standard
conditions and the following special conditions.
I. The premises may be kept open for the purpose of this licence from
midnight until 5am on each of the days Sunday to Saturday.
The number of persons accommodated at any one time shall not
exceed 3 (staff only)
4.2 The planning officer has reported that the authorised use of the
basement is as a private members club and there are no
restrictions on the hours of opening. The premises benefit from
a provisional Justices On-Licence and are located within the
Central Activities Zone but not within a stress area. The area
was not deemed to be predominantly residential in nature and
there was no policy presumption against the granting of this
application.
4.5 Ms. Hayes called Ms. Gabrielle Halcrow, Technical Noise Officer
from the Council’s Environmental Health Department, who
confirmed that she had carried out the noise survey referred to
in paragraph 4.3 above. There had been background noise from
plant and air-conditioning units in both Adam Street and John
Adam Street. Ambient noise levels were affected by people
parking cars and by pedestrians heading towards The Strand.
These tended to reduce considerably after midnight and there
was a substantial drop after 1am. The survey concluded that the
sound of car horns, the slamming of car doors and loud voices
would be likely to cause more disturbance to residents here than
constant plant noise or background noise from The Strand.
4.9 Mr. Muir then introduced the application. The freehold had been
purchased by the Minter family 7 years ago. Included in the
property was “The Green Room,” a private club for theatrical
and ancillary staff, which had been operating since 1954. The
Green Room operated a licensed bar until 1am from Monday to
Wednesday, until 3am from Thursday to Saturday and until 1am
on Sunday. The Green Room had a self-imposed capacity of
150 and while it had been full on some occasions, it had never
reached it’s full capacity. Mr. Muir noted that some of the people
who were now objecting to the current application had once
been members. However, no complaint had ever been made
about noise and nuisance caused by members arriving at or
leaving the Green Room. The Green Room had no controls over
the operation of their liquor licence other than those, which were
self-imposed. The imposition of the statutory controls under the
licence would guarantee that the premises were well-operated.
4.10 Under club rules, members leaving the premises will be directed
only towards The Strand. Door staff would ensure that this
particular rule was adhered to by members and their guests and
any breaches of club rules would result in expulsion. Notices to
this effect would also be displayed prominently throughout the
club premises. The number of vehicles generated by people
visiting and leaving the club would be reduced significantly by
the agreement entered into with BCCP for the provision of
private hire vehicles, which would be required to enter and exit
Adam Street via The Strand. The proprietors were well aware
that car parking was a problem in the area and members would
be requested not to bring their cars. Every member would be
provided with his/her own personal swipe card to gain access.
This would include the member’s photograph, thereby ensuring
that there would be no exchange of membership cards.
4.11 Mr. Muir then introduced Mr. Richard Johnston, the General
Manager, who was a very experienced international operator at
the very highest level of the licensed trade. Mr. Minter was the
principal project co-ordinator. Mr. Johnston stated that the upper
part of the building consisted of serviced offices, owned and
operated by the same company. In the licensed area, the
second level consisted of a bar and top flight restaurant, while
the 3rd level was available for dancing. Mr. Johnston believed
that many of the objections arose from the use of the word
‘disco’ in some of the preliminary paperwork but this was not
what had been intended. Mr. Minter wrote to all the people who
had objected to the application and invited them to a
presentation at the premises on 28 February. Of the 15 who
attended, several indicated their intention to withdraw their initial
complaints. Mr. Johnston did not believe that the premises
would lead to a loss of amenity. He felt that his clientele would
be more likely to visit the Savoy rather than a night club.
4.14 In response to questions from Mr. Walsh, Mr. Minter stated that
the restaurant and bar area would be open in the daytime and
evening and the dance area would operate during the evening.
Music would be middle of the road, ie Abba or other 70’s dance
music. There would be no ‘Garage’ or any form of ‘rave’music.
Mr. Minter referred to the letter he wrote on 20 February 2001
which appeared at Annex I pages 82-84 on the agenda. Here,
he had described the club as “a quiet bolt hole during the day
and at night members and their guests will have a bar and
restaurant for their exclusive use.” He referred to page 84,
paragraph 2 where it explained why he was applying for the
licence. This was a legal technicality in order to keep the club
operating on the same basis as it had for the preceding 50
years. The Green Room was a registered charity, which enabled
it to stay open until 3am. In order for the present club to do
likewise, a music and dancing licence was required. Mr. Minter
agreed that his club was a commercial entity and would be run
for profit. He conceded that anyone could apply for membership
but emphasised that they might not be accepted. The Green
Room sought to be an actors club at which all sorts of people
concerned with the theatre could relax after a performance.
Mr.Walsh noted that there had been no mention of dancing in
the club’s prospectus. He also noted that the Green Room had
an annual membership fee of £23, while the new establishment
was a profit-making proprietory club. Mr. Minter explained that
he needed a public entertainment licence in order to
successfully obtain a special hours certificate. Mr. Walsh stated
that he did not believe this was the real reason for the
application. He noted that £12,000 was earmarked to be spent
on a music system and DJ and Mr. Minter agreed that the
provision of music would be a significant element of the new
establishment and that this would be provided in what used to
be the rehearsal room until 3am. He maintained that there would
be no disturbance whatever caused to local residents. The
rehearsal room was three floors below ground level and by the
time patrons had climbed up to the ground floor, Mr. Minter
considered that they would have calmed down. There would
then be a taxi service available to take them home. Mr. Walsh
remained unconvinced and believed that people leaving the
premises would be loud and unruly. Mr. Minter stated that
people leaving these premises had not caused any disturbance
to the Little Adelphi residents for the last 50 years and he did not
see why they should start now. Again, Mr. Walsh was not
convinced by Mr. Minter’s statement, citing the inevitability of
noise because of additional capacity, the difficulty in enforcing a
standard departure route away from the Little Adelphi. The
exchange continued and Mr. Minter was unable to accept a
condition that would prohibit entry after 11pm as people tended
to arrive between midnight and 2am.
4.17 Mr. Minter stated that the whole of the club would not be let and
any private letting would only occur during the day on Saturdays
and Sundays. It would be possible for individual club members
to book a room during the evening but a licensee would always
be present at the event and a prior list of guests would be
required. The club would be closed before 5pm during the day
on Saturdays and Sundays. It was anticipated that this would
not occur more than twice a month. In response to further
questions from Mr. Walsh, Mr. Minter confirmed that club
members could hire rooms for private functions until 3am on any
night of the week. Mr. Minter was reluctant to accept an
undertaking restricting admission to “members and guests” as
he did not see why it was necessary. The premises were a
private members club anyway but he particularly wanted to
admit members guests. The requirement for a music and
dancing licence was a legal technicality, although Mr. Minter
conceded that private parties might need the use of a music and
dancing licence. The residents were concerned that the club,
once licensed, might change it’s complexion from a private
members club to one which admits the general public and lets
it’s accommodation to outside promoters.
4.18 Mr. Muir introduced Mr. Derek Landen, who served as secretary
of the Green Room from September 1998 until it closed in July
2001. The club had a self-imposed capacity of 150 people. It
was open from Monday through to Saturday and was closed,
again by choice, on Sunday unless there was a special event.
The Grren Room was primarily an actors club with 75% of its
membership coming from the theatrical profession. The bar was
very well utilised, especially later in the week. people would
come in after shows to wind down. The club was open until 3am
on Fridays and Saturdays but members tended to leave at
different times. There was no mass exodus at closing time. He
did not know how many members, if any, arrived and left by car.
Many left on foot, took night buses or booked mini-cabs. In
those days, mini-cabs did not honk their horns. The drivers
pressed the buzzer at the front door to announce their presence.
4.19 Mr. Landen had never received any complaints about any part of
the operation of the premises, even though members tended to
leave in various directions rather than head towards The Strand
as was now proposed. He regarded the present proposal to be
different from that of the Green Room. On Thursdays, Fridays
and Saturdays there could be upwards of 100 people in the club,
occasionally reaching the 150 limit. There was no music except
for special occasions and even then, it had to be sanctioned by
the general Committee and the Secretary. On average, there
was music every 6 to 8 weeks or so. By 3am on Fridays and
Saturdays, there were never more than 40 people. Attention was
drawn to a complaint made by the RSA concerning the mis-use
of an adjoining stair well. Some members used to sit out there,
smoke, drink and converse noisily causing disturbance late at
night. Mr. Landen confirmed that this had taken place and the
club management had put a stop to it by speaking to the
members responsible and by erecting notices throughout the
premises asking for the practice to cease. The Green Room had
a mature clientele with ages ranging from 50 to 92. Level 2 was
the most used part of the club with a small bar, a dining room
and a snooker room. Club registration was granted in 1957
4.21 Mr. Muir then introduced Mr. David Chambers, former head of
Entertainment Licensing at the Greater London Council and the
City of Westminster and now representing the applicant as a
Licensing Consultant. Mr. Chambers had been asked by Mr.
Minter to examine the practicabilities of the application. His
prime concern was to protect the amenity of the residents and to
prevent noise pollution. He had been impressed with Mr. Minters
declared intention not to upset the residents. He knew the area
well from his experience with the City of Westminster and he
was well aware of the Council’s policy guidelines. He had met
with council officers and established that there had been no
noise breakout. He had then met with representatives of the
Metropolitan Police Service who had informed him that there
appeared to be a good system in place and that there was never
any queue. Mr. Chambers believed that the club was in a good
location in that any noise would by-pass Little Adelphi, as sound
breakout tended to travel in a straight line. Mr. Chambers
confirmed that it was he who had advised Mr. Minter to direct
people leaving towards The Strand to avoid passing Little
Adelphi and to include this provision in the rules of the club,
making any breach the subject of a penalty.
4.22 The operation had not changed since this instruction had been
given. The premises would not attract the unwanted attention of
unlicensed mini-cabs by engaging the services of a dedicated
taxi firm. They would be prohibited from sounding their horns
and would enter Adam Street from The Strand. It was
emphasised that after the underground closed, people leaving
the club would have no other reason to turn into John Adam
Street. Finally, Mr. Chambers stated that he expected people to
leave the premises gradually over a period rather that en masse
at closing time. This would cause less problems.
RESOLVED:
That, as the Sub-Committee had been sitting for over three and
a quarter hours, it was agreed to continue sitting until the
business on the agenda had been concluded.
4.27. The Chairman expressed the fear that, once the public
entertainment licence was granted, the management could then
open the premises to the general public and disregard the
membership aspect completely. Mr. Johnston assured her that
the proprietors had no intention of using the establishment for
public entertainment although they did need a public
entertainment licence. Mr. Panto suggested that an undertaking
could be given by the club’s owners that they would only admit
members and their guests.
4.28. Mr. Walsh then called Mr. Bill Aldridge of the Little Adelphi
Residents Association to give evidence on behalf of the
objectors. Mr. Aldridge had lived in Little Adelphi for the past 5
years and he stated that this was a high class residential area,
which lay within the Adelphi Conservation Area. It had been built
by the Adam brothers and the Royal Society of Arts was one of
its original occupants. He estimated that there were currently
194 residences within the Adelphi conservation area. There
were single yellow lines in John Adam Street as well as
residents parking bays. These tended to be used by theatre
patrons during the evening when parking restrictions expired.
Mr. Aldridge confirmed that John Adam Street was frequently
used as a route to Charing Cross Station. This could be
approached either by way of The Strand or Villiers Street. Up to
11pm, this area tended to be very busy because of through
traffic but between midnight and 1am there was occasional
noise but not a great deal. He was occasionally aware of street
noise at the rear of Little Adelphi. He took an interest in such
things since he liked to be in a position to inform the Police in
the event of crime or urination in the streets. He was conscious
of noise in the area and he had been woken up every few weeks
or so by isolated incidents. He was not aware that there had
been any specific problems arising from the existence of the
Green Room, although he did have concerns about the size and
nature of the proposed operation. He only once had concerns
over the operation of the Green Room when a fire door was left
open during a party.
4.30. Mr. Aldridge had met with the residents after the conciliation
meeting. This took place at the Residents Association AGM on
12 March at which there had been a report of the conciliation
meeting while residents gave details of their concerns. It was
agreed by all of the 32 people present that all reasonable steps
should be taken to ensure that the amenity around Little Adelphi
should be protected as it was 100% residential.
4.32. Mr. Walsh then introduced Mr. William Miller who had been a
resident of the Little Adelphi for 5 years. He had objected to the
application and had attended the conciliation meeting on 20
February. Mr. Minter had given assurances that there would be
no noise and urination in the streets caused by members of his
club. He was also told that ‘disco’ was not a fair representation
of the entertainment to be provided to members. However, Mr.
Miller was alarmed to learn that Mr. Minter was planning to
spend £12,000 on sound equipment, especially so when he had
been informed earlier that dancing would not be a large part of
the operation. He lived at the rear of the Little Adelphi and he
had been aware of vehicle noise and urination in the gardens.
He had also been disturbed on occasion by events at the RSA
as well as by isolated disturbances at 2 and 3 in the morning. It
had been difficult to pin down exactly where these people had
come from. Mr. Miller believed that the new establishment would
encourage more people to come into the area, which would, in
turn, be detrimental to the environment. He noted that the
Green Room had an annual membership of £23 while 9 Adam
Street would be charging £450. In view of the size of the new
membership fee, Mr. Miller felt that members would be inclined
to visit the premises often to get their money’s worth. Mr Muir
reminded Mr. Miller of the fact that dancing was only a small part
of the operation, that people would not necessarily be eating in
the restaurant at 3am every night, that the activities of people
leaving could be controlled and that the décor and environment
of the club were of a very high quality but Mr. Miller did not
waiver from his evidence.
4.33 In response to questions from Councillors, Mr. Miller stated that there
were no problems when the Green Room closed at 3am
because the numbers involved were much smaller. The
atmosphere in the Green Room was different, too. For a start
there was no music and people are less noisy when they have
not been drinking and they are less hyped up when they have
not been dancing.
4.34. Mr. Walsh then introduced Mr. Graham Guthrie who had resided
on the 5th floor in the front of the Little Adelphi since May 1999.
He had been unable to attend the conciliation meeting and had
decided to pursue his objection. He did not doubt Mr. Minter’s
intention to run a high class establishment and to control his
members when they left but he had doubts that this could be
enforced. Mr. Guthrie slept with his windows open and noted
that the area was noisy between 11.00pm and 11.30pm when
the pubs closed. The air conditioning units on various buildings
were also noisy. Because of the nature of the surrounding
buildings, noise tended to reverberate around the Adelphi and
Little Adelphi. He had been woken up by taxi noise as well as
the air conditioning systems in delivery vans. However well
intentioned, Mr. Guthrie did not believe that Mr. Minter would be
able to prevent taxi noise neither did he believe that Mr. Minter
would be able to insist that his members used the dedicated taxi
service. He was sure that some people would call their own
taxis. Black cabs tend to hover around and they are noisy. He
had never been woken up or disturbed in any way by people
leaving the Green Room.
4.35 Mr. Walsh introduced Ms. Christine Bond representing the RSA
which owned 5 inter-connecting properties along John Adam
Street. The applicants had the right of access across RSA
property. Because of the location of the RSA buildings, Ms.
Bond had been consulted by the applicant over various issues
including Rights of way, contractors and planning. The problems
with the stair well, which linked the Adam Street building with the
RSA premises in John Adam Street, had been an ongoing
source of aggravation with the Green Room when it had been
managed by Mr. Landen’s predecessor. Members used to open
the fire door and sit on the steps, blocking the stairway, leaving
litter and making noise, which disturbed the RSA occupants. Ms
Bond also recalled difficulties during a “new member” evening
when people kept opening the fire door in spite of frequent
requests from the RSA that it be kept shut. The RSA had a
public entertainment licence and a supper hours certificate. In
general events concluded at 11pm although weddings
sometimes went on until after that time. Ms. Bond did not doubt
Mr. Minter’s integrity but she believed that he would experience
difficulty in controlling the activities of his members after they
had left his premises. By way of contrast, she cited the
arrangements that the RSA made with its corporate customers
where there were formal contracts concerning the behaviour.
Large PLC’s comprised 80/90% of the RSA’s corporate
customers while a smaller percentage of business involved
weddings where the clientele was younger. Ms. Bond’s objection
to the application involved health and safety issues, refuse
collection, the use of the fire escape and concerns over the use
of the stair well. If the Council’s conditions were complied with, it
was possible that the premises could be operated without undue
problems but she doubted whether Mr. Minter could control
people leaving.
4.37 Mr. John Langlois then spoke on behalf of his objection. He was
a Guernsey resident and not always present at his flat in Little
Adelphi, which he bought three years ago, originally for his son.
He bore no animosity towards Mr. Minter and did not attend the
conciliation meeting. He was concerned that the new premises
would exacerbate an already unpleasant situation in John Adam
Street involving late night revellers, people vomiting and
urinating in the streets as well as noise caused by ventilation
systems. His flat was immediately below that of Mr. Guthrie and
was frequently disturbed by noise from people in the street.
There had been disturbances in the past arising from events at
the RSA and if this application were to be granted, the premises
would draw more people into this quiet enclave, which was
becoming increasingly residential.
4.38 Mr. Walsh then made his closing statement. He believed that
what was “on offer” here was a good restaurant, music and
dancing, all the ingredients for a “good night out.” The residents
could not be blamed for concluding, therefore, that customers
would leave noisily, in a boisterous and vocal manner. The
management had been trying to convince everyone that this
would be an “expanded Green Room” but this operation would
be completely different. The Green Room had been a genuine
members club, there had been no regular public functions i.e.
one per month and they never had or needed a public
entertainment licence. This establishment would be double the
size and capacity.
The Sub-Committee has had regard to the policy guidelines approved by the
Planning and Transportation Committee on 28 March 2000 as amended by
the Planning and Licensing Committee on 20 June 2000 and notes that the
premises are situated in the Central Activities Zone. The premises are not
situated in a recognised stress area. The surrounding area is described by the
District Surveyor as one of mainly commercial properties with some
residential use. Consequently, there is no policy presumption against this
application in respect of that policy provision.
However, Council policy also recognises that some areas of the Central
Activities Zone are still very quiet at night. It is also policy that these areas
should be protected. Indeed, policy suggests that in areas where there is little
late night activity there is a presumption against granting new licences and, in
particular, licences with a terminal hour beyond 1am.
Whilst it is correct to say that the immediate vicinity of the premises is not
entirely residential, the Sub-Committee does note that there is a very
significant residential community close by in the Adelphi Conservation Area. A
large number of those residents have objected to this application on the basis
that the applicant will not be able to control his customers when they leave the
premises in the early hours of the morning.
This application has been considered on its merits and on the understanding
that only members of the club and their authorised guests will, in fact, actually
be able to use the premises for entertainment purposes.
The area around the Adelphi may not be primarily residential but there is no
doubt that the nature of the area is changing significantly. The residents
describe the area as a "tranquil haven", a "uniquely quiet part of central
London" and as a "quiet conservation area". There are no other premises in
the immediate area with a late night licence.
It was noted that this application was not subject to adverse comment or
observations from the London Fire and Emergency Planning Authority, the
Metropolitan Police, the Environmental Health Officer or the Cleansing
Division. None of the objectors appeared to have any concern about the
internal management of the premises themselves, particularly during the day.
Indeed, the Sub-Committee has no reason to believe that the premises
themselves will be otherwise than well run and is confident that the applicant
will take his responsibilities seriously. However, the Sub-Committee is most
concerned to ensure that local residents are not subjected to any disturbance
as a result of the use of the premises for public entertainment purposes. In
this case, the Sub-Committee has concluded that, on balance, the policy in
favour of protecting quiet areas must prevail.
That the application made by Mr James Minter for a new public music and
dancing licence in respect of the premises known as 9 Adam Street, London
WC2 be refused.
5. TERMINATION OF MEETING
Signed……………………………………………….Date…………………………