Agenda item

Mortimer House, 37-41 Mortimer Street, London, W1T 3JH

17/03516/LIPN

1.

Late Night Refreshment – Indoors

Monday to Sunday: 23:00 to 01:30

Seasonal Variations/Non-Standard Timings:

Supply of Late Night Refreshment to members of the public in the restaurant until 00:00 only (23:30 on Sundays).

Supply of Late Night Refreshment to members and their guests and at private pre-booked events as shown.

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

Amendments to application advised at hearing:

None.

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

The Sub-Committee considered an application by 37-41 Mortimer Opcp Ltd for a new premises licence in respect of Mortimer House, 37-41 Mortimer Street, London, W1T 3JH.

The Licensing Officer provided an outline of the application to the Sub-Committee. The Sub-Committee was advised that the Metropolitan Police had withdrawn their representation based on the conditions agreed with the applicant.

Mr Skeens, representing the applicant, introduced the application and informed the Sub-Committee that planning permission had been granted to use the premises as office space with a restaurant located on the ground floor. The Sub-Committee was advised that the section of the application requesting the use of the basement for licensable activities had now been withdrawn. The basement would now be operated as ancillary to the office space. The floors above the restaurant would all contain office space aside from floor 6 which was an event space. The concept of the premises was designed to offer a space to suit changing business circumstances and specifically cater for entrepreneurs. People would apply for a membership to use the office space and they would have to abide by the rules and conditions of the premises. It was a new concept which would allow the premises to not only act as a work space but an area for entrepreneurs to exchange and develop ideas. The 6^th floor event space would mostly be reserved for members and guests and would provide the premises some commercial flexibility. The basement section of the application had been withdrawn along with the proposal for off sales. Also, the suggestion that any music would be played outside had also been withdrawn and it was confirmed that no speakers would be located on the balcony area.

Mr Skeens explained that the new premises licence had first been applied for on 12 December 2016 during which time the concept of the premises had changed. Constructive discussions had taken place with Environmental Health (EH) to ensure relevant conditions were added to the licence. These included limiting the number of guests allowed in to the premises per member to eight. It was envisaged that members may want to consume alcoholic drinks after a meeting and the application would allow this to take place in any of the meeting rooms. The applicants were requesting some flexibility in the use of the premises and Mr Skeens explained that not all the information relating to the application had been forwarded on to the Sub-Committee for commercial reasons. These reasons included preventing commercial rivals from stealing the concept.

Mr Skeens brought the Sub-Committee’s attention to the premises plans submitted. Details regarding the 6^th floor were provided and it was explained that it was available for use depending on the member’s category of membership. The ground floor had a reception area which would restrict access to any of the floors above. Details on the office facilities available on floors 1, 2 3 and 4 were provided. Floor 5 was an open area which was not reserved and which also had a bar facility controlled by staff. It would act as a flexible, comfortable area consisting of a high level design.

The Sub-Committee questioned how the restaurant on the ground floor would operate as no restaurant conditions had been proposed therefore allowing it to be used for consuming alcohol only. Mr Skeens advised that the applicant would be happy for a limit to be imposed on the number of patrons using the restaurant. It was suggested a capacity of 125 could be enforced with a maximum number of people drinking alcohol only without food restricted to 30. The applicant was requesting some flexibility in this area but was willing to accept limitations on its capacity. Access to the restaurant would be through a separate door to the office space. Most customers would be seated although a limit on the number of customers able to stand and drink alcohol could be introduced. An approximate maximum number of ten customers being able to stand was suggested.

The Sub-Committee requested further clarification with regards to the bar located on the 5^th floor. Mr Skeens advised that alcohol would be available from 07:00 to 01:30 in this area by waiter/waitress service only. This facility would be equally available to floors 1 to 4 also. Mr Drayan, representing EH, clarified that between 07:00 to 10:00 in the restaurant alcohol would be by waiter/waitress service only to customers taking a table meal.

In response to a question from the Sub-Committee Mr Skeens advised that the 6^th floor would hold events primarily for members but it could also be booked for private events. If a private event was being held office workers in the premises would not be allowed access to it but would still have access to the facilities on the 5^th floor. It was anticipated however that most events would be booked by members of the premises. There would be no self-service of alcohol and it would always be by waiter/waitress service. Events would have to be pre-booked with at least 24 hours’ notice provided and a guest list would also have to be submitted.

To provide further clarity to the Sub-Committee Mr Skeens confirmed that floors 1 to 4 would provide office space for rent. The 5^th floor would act as a member’s lounge where one member could invite up to 8 guests who would have to provide their name and address on entry. The 6^th floor would function as an event space. Different levels of membership would be available which would offer different levels of access. No passer-by’s would be able to use any of the facilities.

Mr Ivesha, the applicant, explained that he was trying to create a modern office experience. It was envisaged that the premises would mainly be utilised by established, modern entrepreneurs working in creative industries but it would not be restricted to this sector. Also, any potential members would have to submit an application for approval before they could use any of the facilities.

Mr Drayan, representing Environmental Health, confirmed that the basement section of the application had been withdrawn along with any regulated entertainment outside. A condition requiring the sale of alcohol between 07:00 and 10:00 in the restaurant to be ancillary to a table meal had been agreed. Several conditions were missing from the original application regarding regulated entertainment but the addition of these had also been agreed. Concern was expressed though that the proposed conditions on the licence did not adequately define what facilities were available to members and which were to the public and therefore several conditions had been proposed by EH to address this. The Sub-Committee was also informed of several other changes to the conditions now the basement area did not form part of the application.

Mr Rees addressed the Sub-Committee on behalf of the Fitzrovia Neighbourhood Association. He provided details on the residential nature of the area and how the proposals could impact on local residents. The main concern centred on the late hours requested and it was suggested core hours should be imposed instead. Allowing the premises to sell alcohol until 01:30 had the potential to increase noise nuisance in the area through the increased use of taxis and due to members leaving the premises having consumed alcohol. It was also proposed to restrict the sale of alcohol in the restaurant to customers taking a table meal. The application would allow the whole building to be licenced for the sale of alcohol and it was considered this was very open-ended. Concern was expressed over the bar located on the 5^th floor as no food provision was available there and this could lead to potential problems. Other aspects of the application which were a cause for concern included the timing of deliveries and the disposal of bottles. Hours restricting these were suggested to limit these to not before 07:00 and none after 22:00. The application made no mention of potential smokers and how they would be managed. Issues over smoke effecting nearby residences or smokers taking drinks outside with them needed addressing.

Mr Brown, from the Westminster Citizens Advice Bureau, remarked that the hours for the sale of alcohol requested went significantly beyond core hours. The premises was permitted to be open 24 hours a day and concern was expressed over the danger of guests potentially stockpiling drinks. The issue over dispersal was an important one as the premises was located in a residential area with may residences only having single paned windows therefore making them susceptible to any noise disturbance. The premises was not located in a Cumulative Impact Area (CIA) but it was however situated very close to one. People leaving the premises had the potential to very easily enter the CIA and create disturbance. Further clarity was requested on which floors actually had physical bars located on them? There was still uncertainty and it was questioned how alcohol would be provided to floors 1, 2, 3, and 4. The 6^th floor would act as an event space but the conditions also made reference to floor 5 acting as an area which could service pre-booked private events. Live and recorded music had been requested until 01:30 and Mr Brown queried why this had been requested and what events it was envisaged to hold? Finally, the Sub-Committee’s attention was drawn to the fact that the licence could be transferred at a later date and this needed to be borne in mind with regards to how the premises could operate in the future.

Mr Moses, Vicar of the parish of All Saints, Margaret Street and a local resident, addressed the Sub-Committee. Mr Moses expressed his concern over the dispersal of people using the premises late at night. A number of nightclubs already operated in the local area causing significant disturbance. As the building was open twenty four hours a day, seven days a week it had the potential to create, along with the nightclubs, continuous disturbance to residents. It was recognised that people on the premises could be controlled however once they left the premises they could not and this could add to the existing problems. Mr Moses stressed he had no problems with the applicants and wished their business venture well; however the concern over the event space and the hours requested remained.

Mr Skeens agreed it was difficult to manage the behaviour of people outside the premises. It was explained though that the premises targeted clientele were those who would not cause a nuisance and would be aware of the appropriate behaviour expected. If any inappropriate behaviour did occur though the applicants had the ability to withdraw their membership. They had the ability to affect the behaviour of members leaving the premises and dispersal of them would be staggered throughout the day. It was confirmed that the premises was not a nightclub and members of the premises would be those interested in ensuring the upkeep of the local environment. The membership scheme in place also helped exert strong controls over the behaviour of its members. The Sub-Committee’s attention was drawn to proposed condition 11 which prohibited the premises from creating any noise nuisance. The residents’ concerns over potential disturbance outside the premises were accepted however the applicants also had a vested interest in ensuring their members behaved and they would use their best endeavours to ensure no disturbance occurred. This could be controlled through the conditions proposed including the CCTV condition suggested. The applicant had listened to the concerns over smokers outside the building and was happy for controls to be conditioned. Concern had also been raised over the fact the premises was open 24 hours a day. This was because the business was aimed at providing office space to international travellers and all sales of alcohol would cease at 01:30 hours. The applicant was also willing to accept conditions limiting the hours for deliveries and disposal of waste to ensure there was no noise disturbance to residents. With regards to the proposal to allow live music until 01:30 it was explained this was to allow, for example, a three piece orchestra to entertain members and their guests during a private event. All music played at the premises would be transmitted through a sound limiter to minimise any impact it would have. Floors 1 to 4 did not have any physical bars and the service of alcohol to these floors would be undertaken by staff using the bars located on the 5^th or 6^th floors.

The Council’s Policy Adviser requested clarity on the number and nature of pre-booked events envisaged for the 5^th and 6^th floors and what type of organisations might hold the events? Mr Ivesha stated that it would predominantly host events for members but there could be situations for large companies based in the local area to hire the space to hold meetings, workshops or Christmas parties.

The Council’s Legal Adviser requested clarification on when private, pre-booked events were held whether this would include both floors 5 and 6. Mr Drayan explained that some facilities such as the toilets were located on the 5^th floor and these would be utilised by people attending an event held on the 6^th floor. Mr Skeens confirmed that the 5^th floor toilets could act as an overspill. Mr Ivesha also explained that the 5^th floor could also act as a pre-function room used in conjunction with the event space on the 6^th floor.

After careful consideration the Sub-Committee advised that it was not currently in a position to make a decision on the application. It was recognised that a number of the aspects of the application were not in dispute including the operation of the restaurant. However it had become evident that the number of amendments to the conditions which would be required to make the application acceptable would be very substantial. In the interests of equity and fairness to all parties the Sub-Committee was of the opinion therefore that making the substantial changes required would not be fair for all parties as this would involve seeing the amendments for the first time and not having an opportunity to comment on them. The Sub-Committee therefore determined to adjourn the hearing of the application to allow further work to be undertaken by the applicant to address and clarify matters with regards to the operation of the premises which only became clear during the course of the hearing. This would allow more appropriate and relevant conditions to be proposed for attachment to the licence and allow the Sub-Committee to make specific decisions with regards to the application. The applicant was requested to submit the revised application in good time to allow all parties to comment on the proposed conditions. The Sub-Committee confirmed that best endeavours would be made to complete the hearing of the application within the next three weeks with the same Sub-Committee membership.

2.

Plays - Indoors

Monday to Sunday: 07:00 to 01:30

Seasonal Variations/Non-Standard Timings:

Plays for members and guest or private pre-booked events on 6th Floor.

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’ Day.

Amendments to application advised at hearing:

None.

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

The application was adjourned; the reason for the decision is detailed in section 1.

3.

Films - Indoors

Monday to Sunday: 07:00 to 01:30

Seasonal Variations/Non-Standard Timings:

Films for members and guest or private pre-booked events on 6th Floor.

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’ Day.

Amendments to application advised at hearing:

None.

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

The application was adjourned; the reason for the decision is detailed in section 1.

4.

Live Music - Indoors

Monday to Sunday: 07:00 to 01:30

Seasonal Variations/Non-Standard Timings:

Live Music for members and guest or private pre-booked events throughout.

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’ Day.

Amendments to application advised at hearing:

None.

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

The application was adjourned; the reason for the decision is detailed in section 1.

5.

Recorded Music – Indoors and Outdoors

Monday to Sunday: 07:00 to 01:30

Seasonal Variations/Non-Standard Timings:

Recorded Music for members and guest or private pre-booked events throughout.

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’ Day.

Amendments to application advised at hearing:

The Sub-Committee was informed that the proposal to allow the playing of recorded music outdoors had now been withdrawn.

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

The application was adjourned; the reason for the decision is detailed in section 1.

6.

Sale by Retail of Alcohol – On Sales

Monday to Sunday: 07:00 to 01:30

Seasonal Variations/Non-Standard Timings:

Supply of alcohol to members of the public in the restaurant until 00:00 only (23:00 on Sundays).

Supply of alcohol to members and their guests and at private pre-booked events as shown.

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

Amendments to application advised at hearing:

None.

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

The application was adjourned; the reason for the decision is detailed in section 1.

7.

Hours Premises are Open to the Public

Monday to Sunday: 00:00 to 00:00

Seasonal Variations/Non-Standard Timings:

The building will be open to members and their guests and for private pre-brooked events 24 hours a day. The restaurants will be open to members of the public from 07:00 to 00:00 Monday to Saturdays and from 07:00 to 23:30 on Sundays.

Amendments to application advised at hearing:

None.

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

The application was adjourned; the reason for the decision is detailed in section 1.