Agenda item

Hearst Magazines, Sixth Floor, 33 Broadwick Street, W1

App

No

Ward / Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area

Hearst Magazines, Sixth Floor, 33 Broadwick Street, W1

New Premises Licence

17/00690/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 6th April 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Heather Acton and Councillor Susie Burbridge

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrance

 

Relevant Representations:    The Licensing Authority, The Soho Society and one local resident.

 

Present: Mr Alun Thomas (Solicitor, representing the applicant), Mr Herbie Hawes and Ms Roisin Edwards (representing the applicant company) and Mr David Sycamore (Licensing Authority).

 

Heart Magazines, Sixth Floor, 33 Broadwick Street, London, W1F 0DQ

17/00690/LIPN

1.

Late Night Refreshment – Indoors

 

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

 

Seasonal Variations/Non-Standard Timings:

 

None.

 

 

Amendments to application advised at hearing:

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by The National Magazine Company Ltd for a new premises licence in respect of Hearst Magazines, Sixth Floor, 33 Broadwick Street, London, W1F 0DQ.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and advised that the Metropolitan Police had withdrawn their representation following the agreement of conditions with the applicant.

 

Mr Thomas, representing the applicant company, provided an outline of the proposed operation of the premises. The licenced area would be located on the sixth floor of an office building with a capacity for one hundred people. The building was occupied by Heart Magazines who were the publishers for various well-known magazine brands. The application centred on generating brand recognition and development for the magazines through holding events, most of which did not involve the consumption of alcohol. It was proposed to hold some product launches where guests attending would be provided with an alcoholic drink without charge, and such launches would not require a licence at all. For attendance at certain events the pre-purchasing of a ticket would be required and this would entitle the ticket holder to an alcoholic drink and some food. It was these events which would require a licence and it was confirmed no cash bar would be in operation. The premises would not hold events such as weddings or birthdays as the venue was located in an office building and would be utilised for brand development only.

 

Ms Edwards, representing the applicant company, explained that each magazine brand held approximately four events per month. Most events were ticketed which would entitle a guest to one glass of wine. It was confirmed that the one initial glass of wine was usually the only alcohol offer available and during the events there would be no other opportunity for its consumption.

 

In response to a question Mr Hawes, representing the applicant company, confirmed that previous events had been held at external sites. The application had been made as hosting the events internally was considered more cost effective.

 

Mr Thomas recognised that the premises was located in a Cumulative Impact Area (CIA) and to provide reassurance the application would not add to the cumulative impact in the area a condition would be accepted making the licence specific to Hearst Magazines. The type of events held would cater for staff of Hearst Magazines and guests attending a ticketed, pre-booked event. Alcohol would be available on entry to the event and the applicants would run most of the events held. It was envisaged a magazine brand would be able to use the venue to hold an event but the applicant would at all times manage the venue through their entertainment managers to oversee any events. The applicant was willing to accept a limit to the number of events held to ensure it did not add to the cumulative impact in the area. Mr Thomas explained that there was no scenario where the use of a cash bar for the sale of alcohol would be in use and it was not the intention of the application to operate one.

 

The Sub-Committee expressed concern over proposed condition 10a) and that it might be a source of confusion regarding how many bona fide guests would be able to attend events held at the premises. Mr Thomas confirmed that the applicant could remove this element of the condition to provide reassurances to the Sub-Committee about the nature of the operation.

 

Mr Sycamore, representing the Licensing Authority, acknowledged that the applicant had detailed the type of event to be held at the premises but expressed concern that the application was quite relaxed considering it was located in a CIA. It was also considered that it had the potential for broader events than those stated to take place at the venue. For example, in the run up to Christmas a party could be held at the venue seven days a week following which one hundred guests would disperse into the local area adding to the cumulative impact in a CIA. In response to a question about the capacity of the venue from Mr Sycamore Mr Hawes confirmed that building control had imposed a capacity of one hundred people on the venue.

 

Mr Thomas confirmed that the applicant was happy for the licence to be specific to Hearst Magazines and the Sub-Committee could decide to impose a limit on the number of events held each year if it felt this was necessary.

 

The Sub-Committee questioned if a servicing condition would be required if events were now to be held at the venue. Mr Thomas explained that due to the limited number of events held and the fact the building was already serviced regularly a further servicing condition would not be required.

 

The Sub-Committee carefully considered the application and did express concern about the nature of the operation and the fact it was located in a CIA. It was recognised however that the hours applied for were within the core hours policy. In order to approve the application the Sub-Committee had to be satisfied that appropriate conditions could be attached to the licence to ensure it upheld the licensing objectives and did not add to the cumulative impact in the area. The Sub-Committee was of the opinion that conditions which required the supply of alcohol to be by waiter/waitress service only and prohibiting the use of a cash bar for the sale of alcohol would restrict what types of event could be held at the venue whilst not interfering with the current type of events held. To provide further reassurance a condition ensuring the licence was specific to Hearst Magazines would be imposed to ensure it could not be utilised by another operator at a later date without that operator seeking a variation of the licence. The Sub-Committee considered that the addition of a condition requiring a list of persons attending a pre-booked event to be held at the premises and imposing a maximum capacity of one hundred people at the premises would also ensure the application did not add to the cumulative impact in the area. The Sub-Committee was of the opinion that the nature of the conditions imposed were therefore sufficient not to limit the number of events held, would ensure the licensing objectives were promoted and would ensure the application did not add to the cumulative impact in the area. The Sub-Committee therefore granted the application accordingly.

 

The following conditions were amended or added to the licence:

 

  • The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 100 persons or such lesser number imposed on the safety certificate or by other statutory regulations.

 

·         The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the building as the offices of Hearst Magazines.

 

·         Alcohol shall not be sold or supplied otherwise than to:

 

a)           Directors, partners, agents, officers and employees of the Licensee (and subsidiaries and affiliated companies thereof);

 

b)           Persons attending by prior invitation to a private or pre-booked event or demonstration at the premises a list of whom is to be kept at reception and made available at the premises for inspection by the Police or an authorised officer of the City Council at all times whilst the premises is open.

 

·         No advertising of the licensed facilities outside of the premises.

 

·         Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

·         When the premises licence is in use, notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

·         In respect of bottles and waste arising from the use of the premises under this licence, 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.

 

·         There shall be no events organised by an external premotor at the premises.

 

·         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.

 

·         There shall be no cash bar operating at the premises.

 

·         The supply of alcohol shall be waiter or waitress service only.

 

2.

On Sale by Retail of Alcohol

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

Seasonal Variations/Non-Standard Timings:

 

None.

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The application was granted, the reason for the decision is detailed in section 1.

 

3.

Hours Premises are Open to the Public

 

The premises are corporate premises and staff may be present at any time.

 

Monday to Sunday: 00:00 to 00:00

 

Seasonal Variations/Non-Standard Timings:

 

None

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The application was granted, the reason for the decision is detailed in section 1.

 

 

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.

 

  1. 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.

 

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

 

  1. (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 nay 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 in 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;

 

(c)  "relevant person" means, in relation to premises in respect of which there is in force a premises licence –

 

(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.

 

Conditions Consistent with the Operating Schedule

 

  1. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 100 persons or such lesser number imposed on the safety certificate or by other statutory regulations.

 

10.The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the building as the offices of Hearst Magazines.

 

11.Alcohol shall not be sold or supplied otherwise than to:

 

a)           Directors, partners, agents, officers and employees of the Licensee (and subsidiaries and affiliated companies thereof);

 

b)           Persons attending by prior invitation to a private or pre-booked event or demonstration at the premises a list of whom is to be kept at reception and made available at the premises for inspection by the Police or an authorised officer of the City Council at all times whilst the premises is open.

 

12.There shall be no advertising of the licensed facilities outside of the premises.

 

13.Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

14.When the premises licence is in use, notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

15.In respect of bottles and waste arising from the use of the premises under this licence, 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.

 

16.There shall be no events organised by an external premotor at the premises.

 

17.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.

 

18.There shall be no cash bar operating at the premises.

 

19.The supply of alcohol shall be waiter or waitress service only.

 

 

 

Supporting documents: