Agenda item - Pilgrim Hotel, 25 London Street, W2

Pilgrim Hotel, 25 London Street, W2

Meeting of Licensing Sub-Committee (2), Friday 3rd March, 2017 10.00 am (Item 2.)

App

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

Hyde Park Ward / not in cumulative impact area

Pilgrim Hotel, 25 London Street, W2

New

17/00142/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 2

Friday 3rd March 2017

Membership: Councillor Tim Mitchell (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Heidi Lawrance

Relevant Representations: Environmental Health, 2 Ward Councillors, 17 other objections to application.

Present: Mr Anthony Edwards (Solicitor, representing the Applicant), Mr Jason Catifeoglou (Director, Applicant Company), Mr Maxwell Koduah (Environmental Health “EH”), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing South East Bayswater Residents’ Association) and Mr John Zamit (Chairman, SEBRA).

Pilgrm Hotel, 25 London Street, W2 17/00142/LIPN
1.	Late Night Refreshment for hotel residents (Indoors)
	Monday to Sunday 23:00 to 05:00
	Amendments to application advised at hearing:
	The Sub-Committee, having received legal advice, advised the Applicant that it was not necessary to apply for late night refreshment for hotel residents (indoors). This was accepted by Mr Edwards and this aspect of the application was withdrawn.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.
2.	Late Night Refreshment – members of the public (Indoors)
	Monday to Thursday 23:00 to 23:30 Friday to Saturday 23:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee heard from Mr Edwards, representing the Applicant. Mr Edwards stated that the premises would be known as Pilgrm Hotel without the second ‘i’. Mr Edwards advised that the existing hotel at 25 London Street was a one to two star hotel and his client intended to invest significantly in the premises so that it was in keeping with a three star hotel. The hotel was likely to be booked for short stay visits, particularly by customers who would be using the Heathrow Express. Mr Edwards added that Mr Catifeoglou, the DPS, had been a director of the Zetter Group which owns the Townhouse in Marylebone. The Metropolitan Police had withdrawn their representation. Mr Edwards informed the Sub-Committee that his client was withdrawing the aspects of the application relating to recorded music and live music, relying on their statutory rights under the legislation. It was submitted that conditions had been agreed with the Council’s EH department in the event the Sub-Committee was minded to grant the application. The parties had agreed a proposed amendment to condition 33 in the report so that hotel residents would be permitted up to a maximum of four bona fide guests. It was also agreed that all external doors (there is no access in the basement which is referred to in condition 42 of the report) would be kept closed after 23:00. Mr Edwards also referred to some duplication within the list of conditions. Mr Edwards made the point that EH had not indicated that it was necessary to retain condition 41 in the report that ‘there shall be no consumption of alcohol at the outside areas of the premises’ because there was no outside drinking area. Mr Edwards commented however that he was content for it to be attached to the premises licence to make it clear that management did not want customers drinking outside. Mr Edwards believed the only key difference between the Applicant’s position and that of South East Bayswater Residents’ Association (‘SEBRA’) was the use of the hotel by members of the public during Core Hours. It was proposed that licensable activities would only be permitted to members of the public who were not hotel residents within Core Hours. The Applicant was keen that customers would be permitted to use the restaurant / bar area on the first floor during the day and the total maximum number of people who would be able to access this area at any one time would approximately be forty. The Sub-Committee, having received advice from the Legal Adviser advised the Applicant that it was not necessary to apply for late night refreshment for hotel residents (indoors). This was accepted by Mr Edwards and this aspect of the application was withdrawn. Mr Koduah addressed the Sub-Committee on behalf of EH. He advised that in order to prevent the potential for public nuisance he had proposed conditions including restricting the proposed hours for deliveries and the movement of waste or recyclable materials and limiting the number of guests per hotel residents. Mr Koduah confirmed that he had agreed a maximum of four guests per hotel resident with the Applicant. Mr Wroe referred to some additional duplication in conditions so that a number of conditions could be deleted. T Sub-Committee was advised that in the event that they decided to grant the application, condition 33 in the report needed to be amended so that after Core Hours (23:30 Monday to Thursday, midnight on Friday and Saturday and 22:30 on Sunday), the sale and consumption of alcohol would only be to hotel residents and bona fide guests (the number to be decided by the Sub-Committee). The Sub-Committee heard from Mr Brown, representing SEBRA. Mr Brown confirmed that SEBRA’s main concern was the use of the bar area by members of the public who were not hotel residents. Mr Brown referred to issues having arisen in the past with sports fans at two pubs within the vicinity of the premises. These premises are all close to Paddington Station. Mr Brown believed it was therefore important to look at how it was intended that the bar on the first floor of Pilgrm Hotel would be used, how many customers would be able to access this area and what food was being provided. Mr Brown requested that condition 41 in the report which states that ‘there shall be no consumption of alcohol at the outside areas of the premises’ was retained. Mr Brown asked for clarification on what had been agreed between the Applicant and the Police in respect of conditions and Mr Edwards replied that this was condition 16 in the report requiring an incident log to be kept at the premises. Mr Brown also requested that in addition to licensable activities only being available to members of the public who were not hotel residents within Core Hours, these customers should also be required to leave the premises at the core terminal hour. Mr Zamit, Chairman of SEBRA, added that he welcomed the upgrade of the hotel. One of SEBRA’s aims, which was in the process of being achieved, was the improvement of London Street. He was satisfied that those responsible for the premises would be good operators and that the conditions addressed most of his key concerns. Mr Zamit reiterated the points regarding the potential for issues on match days and that all hotel residents and their guests were required to leave the premises at the core terminal hour. Mr Zamit also had some concerns regarding the number of hotel guests if each hotel resident (there would be 74 rooms) was able to have up to four guests. Mr Catifeoglou informed those present that his business partner had owned the hotel for the last fourteen years. The Sub-Committee was advised that he / his business partner had owned premises in London and other areas including Brighton. It was submitted that the premises was unlikely to attract a football fanbase as it was not that type of establishment. The type of person they were looking to attract was the astute, well-travelled visitor to the area. It was intended that there would be a small neighbourhood café on the ground floor. This area would offer coffee and act as a reception from where hotel residents would be welcomed and shown to their rooms. Mr Catifeoglou confirmed that the bar was to be located on the first floor of the Premises. This covered about 60 square metres of space. The intention was not to have a large percentage of non-hotel residents in this area. Residents and their guests would be encouraged to use the space and enjoy a meal. Breakfast would be provided and also an all day menu. Mr Edwards responded to Mr Brown’s earlier point that the Applicant had no objection to members of the public who were not hotel residents being required to leave at the core terminal hour. He did not believe that it was possible to condition against the possibility of football supporters attending the premises. It was something the Applicant did not want as it would ruin the experience for hotel residents. Mr Edwards in response to questions from Mr Zamit said that his client was content with conditions setting out a capacity of 40 for the bar area on the first floor of the Premises and that there would be no sale of alcohol on the ground floor. The Sub-Committee granted the application accordingly, subject to conditions. The Sub-Committee considered that the conditions, including those the Applicant had agreed with the Police and EH prior to the hearing and with SEBRA during the hearing, would promote all four of the licensing objectives. Members of the public who were not hotel residents would be required to be off the premises outside Core Hours. The Sub-Committee were satisfied that a maximum of four guests per hotel resident was consistent with other hotel premises within the area and that there was no reason to believe that permitting this number was likely to undermine the licensing objectives.
3.	Exhibition of film (Indoors)
	Monday to Sunday 00:00 to 00:00.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below. The Council’s Statement of Licensing Policy sets out that the exhibition of film, in the form of recordings or non-broadcast television programmes to be viewed in hotel bedrooms, will generally be permitted.
4.	Live Music for hotel residents (Indoors)
	Monday to Sunday 00:00 to 00:00.
	Amendments to application advised at hearing:
	This was withdrawn by the Applicant.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.
5.	Live Music for members of the public (Indoors)
	Monday to Thursday 09:00 to 23:30 Friday and Saturday 09:00 to 00:00 Sunday 09:00 to 22:30.
	Amendments to application advised at hearing:
	This was withdrawn by the Applicant.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.
6.	Recorded Music for hotel residents (Indoors)
	Monday to Sunday 00:00 to 00:00.
	Amendments to application advised at hearing:
	This was withdrawn by the Applicant.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.
7.	Recorded Music for members of the public (Indoors)
	Monday to Thursday 09:00 to 23:30 Friday and Saturday 09:00 to 00:00 Sunday 09:00 to 22:30.
	Amendments to application advised at hearing:
	This was withdrawn by the Applicant.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.
8.	Sale by retail of alcohol for hotel residents (On)
	Monday to Sunday 00:00 to 00:00.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below.
9.	Sale by retail of alcohol for members of the public (On)
	Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 12:00 to 22:30.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below.
10.	Hours premises are open to the public
	Monday to Sunday 00:00 to 00:00.
	Amendments to application advised at hearing:
	During the hearing the Applicant agreed that members of the public who are not hotel residents or their guests would be required to be off the premises outside Core Hours.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee in granting the application attached a condition to the premises licence as agreed by the Applicant that ‘after 23:30 Monday to Thursday, 00:00 Friday and Saturday and 22:30 on Sunday, the sale and consumption of alcohol shall only be to and by residents of this premises and up to a maximum of four of their bona-fide guests. Other persons shall be excluded from the premises after these times’.

Conditions attached to the Licence

Mandatory Conditions

1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a) a holographic mark, or

(b) an ultraviolet feature.

7. The responsible person must ensure that—

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i) beer or cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml;

(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

8(ii) For the purposes of the condition set out in paragraph 8(i) above -

(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b) "permitted price" is the price found by applying the formula -

P = D+(DxV)

Where -

(i) P is the permitted price,

(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(i) the holder of the premises licence,

(ii) the designated premises supervisor (if any) in respect of such a licence, or

(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

Additional Conditions

9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

10. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

11. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

12. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

13. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

14. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

15. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.

16. No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the licensing authority.

17. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

18. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

19. There shall be no self-service of alcohol on the premises.

20. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram

21. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises

22. Other than in the hotel bedrooms, there shall be no striptease or nudity and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence

23. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and business and leave the area quietly

24. Patrons will be encouraged by staff to leave quietly and respect the interests of the occupiers of any nearby noise sensitive premises, Where appropriate the licensee or a suitable staff member will monitor patrons leaving at the closing time

25. Contact numbers for local taxi firm(s) shall be kept at the premises and made available to patrons requiring a taxi.

26. Children under the age of 16 shall not be permitted to enter the premises after 21:00 unless dining with an adult or attending a pre booked function or resident in the hotel.

27. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

28. After 23:30 Monday to Thursday, 00:00 Friday and Saturday and 22:30 on Sunday, the sale and consumption of alcohol shall only be to and by residents of this premises and up to a maximum of four of their bona-fide guests. Other persons shall be excluded from the premises after these times.

29. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order

30. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided

31. All exit doors on designated escape routes shall be available at all material times without the use of a key, code, card or similar means.

32. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:00 hours on the following day

33. No deliveries to the premises shall take place between 23:00 and 08:00 hours on the following day.

34. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

35. There shall be no consumption of alcohol at the outside areas of the premises

36. All external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.

37. The number of persons permitted in the first floor bar at any one time (excluding staff) shall not exceed 40 persons.

38. There shall be no sale or supply of alcohol on the ground floor.

Supporting documents:

Pilgrim Hotel 25 London Street W2, item 2. PDF 801 KB