Agenda item
Hard Rock Cafe, Ground and Lower Floor, 225-229 Piccadilly, W1
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App No |
Ward |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
St James’s Ward / West End Cumulative Impact Area |
Hard Rock Café, Ground and Lower Floor, 225-229 Piccadilly, W1 |
New Premises Licence – Licensing Act 2003 |
17/04470/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday 29th June 2017
Membership: Councillor Jean Paul Floru (Chairman) and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Metropolitan Police and Licensing Authority
Present: Mr Philip Kolvin QC (representing the Applicant), Mr Niall McCann (Solicitor, on behalf of the Applicant), Ms Karen Burke (Director of Operations Europe Central, Applicant Company), PC Bryan Lewis (Metropolitan Police) and Mr Steve Rowe (Licensing Authority).
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Hard Rock Café, Ground and Lower Floor, 225-229 Piccadilly, W1 17/04470/LIPN
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1. |
Late Night Refreshment (Indoors) |
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Monday to Thursday: 23:00 to 01:00 Friday to Saturday: 23:00 to 02:00 Sunday: 23:00 to 01:00
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Ms Lawrance and Mr Kolvin initially advised the Sub-Committee that the representation from McKinsey & Company – Real Estate had been withdrawn. Mr Kolvin informed those present that the Applicant had agreed to liaise with McKinsey & Company during building works. They had been concerned about noise transmission. The objectors occupied office space on the first floor above the subject premises but the members noted that the applicant had now indicated that there would not be any licensable activities on the ground floor.
Mr Kolvin described 225-229 Piccadilly as a very significant flagship venue for the Applicant. He stated that taking the Council’s cumulative impact area policies into account, the Applicant was proposing that there would be no licensable activities on the ground floor. Passers-by would see that this floor is a family friendly retail café venue. The restaurant would be in the basement where alcohol would be ancillary to a substantial table meal. He added that these were departures from the Hard Rock Cafe model elsewhere in the world. Mr Kolvin commented that alcohol was likely to comprise 10% at most of total customers’ spend in the premises. Alcohol was a small part of Hard Rock Café’s offer. Hard Rock Cafe’s premises were able to promote the licensing objectives as had been proved in Old Park Lane.
Mr Kolvin said that the premises had two specific advantages in terms of location. One was that there is a basement exit from the restaurant facility which goes straight into Piccadilly Circus Station. They did not need to go out at street level at all. This was particularly relevant when the night tube was operating. Secondly, the number of residents in close proximity to the premises was very small. There had been no objections from residents.
Mr Kolvin responded to questions from the Sub-Committee. In relation to the capacity, his client had agreed a condition following discussions with the Licensing Authority that no queuing would be permitted outside the premises. There would be a capacity of 419 in the restaurant and the Applicant was proposing that this would reduce to 300 at midnight and then 200 at 01:00. Mr Kolvin made the point that as it was a restaurant, people would not all leave at the same time. The Applicant was also offering a condition that the last entry to the premises on any given night would be at least one hour before it closes.
The Sub-Committee was informed by Mr Kolvin that there had been lead time built in between the end of the licensable hours and the closing time. This was in part so that customers could look at memorabilia and merchandise. Mr Kolvin and Ms Burke emphasised the significance of memorabilia, merchandise and music retail to the Applicant’s business model. 50% of sales across Hard Rock Cafe premises involved merchandise.
Mr Kolvin referred to the Applicant seeking that alcohol would be supplied to and consumed by customers prior to or post a substantial table meal. It was proposed that the maximum number of customers in the bar area at any one time was 65. This was approximately 15% of the capacity. Mr Kolvin assured Members that it would not be a vertical drinking bar as customers would be seated at stools. He re-iterated that alcohol was a small element of takings at Hard Rock Cafe. Many of the customers would come to the premises pre or post theatre. The Applicant was keen not to have a drinking clientele.
The Sub-Committee heard from Mr Rowe on behalf of the Licensing Authority. He stated that the Applicant had worked closely with the Licensing Authority and had proposed conditions including the staggered capacity during the later operating hours. It was for the Members to consider whether the application added to cumulative impact and whether the Sub-Committee was satisfied that the bar was sufficiently ancillary to food.
PC Lewis advised the Sub-Committee that the Metropolitan Police maintained their representation on policy grounds in the West End Cumulative Impact Area. They had concerns regarding the large numbers at the premises beyond the Council’s Core Hours policy. He provided the information that the Applicant’s premises in Old Park Lane had never presented the Police with any problems. PC Lewis added that the Applicant’s proposals to have a minimum of two SIA licensed door supervisors on duty at the premises from 18:00 until close and a minimum of four door supervisors on duty from 22:00 until close would assist in promoting the prevention of crime and disorder licensing objective as would the the Applicant’s offer to make an annual contribution of up to £5,000 to the Council for the operation of CCTV in Piccadilly Circus and the immediate surrounding area.
The Sub-Committee granted the application, subject to conditions as set out below. Members considered that the application was generally consistent with that of a restaurant premises and would promote the licensing objectives. The Applicant had agreed the Council’s model restaurant condition and there were to be no licensable activities at all on the ground floor. The use of the bar area was only to be used by customers either prior to or after a substantial table meal. The Sub-Committee was keen to amend two aspects of the application for it to be completely in line with it being a restaurant in the West End Cumulative Impact Area. The first was that the maximum capacity for the bar was reduced to 42 to reduce the percentage of the capacity in the bar to 10% rather than the Applicant’s proposed 15%. 10% is in keeping with the Council’s suggested capacity and Members believed it was important to reduce the emphasis on the bar area. The second aspect was to attach a condition to the premises licence that alcoholmaybe suppliedandconsumed ‘immediately’ priororposttheir mealatthepremisesin thebararea. This would prevent customers having a meal and then being able to consume alcohol for a number of hours in the premises afterwards. This was in keeping with the Applicant’s aim that the premises would not become a drinking establishment.
Having reached the conclusion that the application with amendments was completely in line with being a restaurant in the West End Cumulative Impact Area, the Sub-Committee considered whether the application added to cumulative impact. The Sub-Committee took the view that the package of measures offered by the Applicant would minimise cumulative impact. These included the staggered dispersal of customers, the increasing number of door supervisors during the evening, the last entry time and the fact that there is a basement exit from the restaurant facility which goes straight into Piccadilly Circus Station. The Applicant had also proposed a condition that the licensee would operate a written dispersal policy for a period of 45 minutes before it closes on any given night. All staff would receive training and refresher training in the policy. The Sub-Committee added to the condition that a copy of the most recent version of the policy would be retained on the premises at all times and would be produced for immediate inspection at the request of any licensing inspector or police officer.
The Sub-Committee noted that the applicant company had operated their premises at Old Park Lane without any problem and had confidence that they would manage these premises to the same standard. That was further backed up by the condition offered by the applicant to the effect that the premises licence shall not be transferrable save to subsidiaries or group companies of Hard Rock Café (UK) Limited. It was also noted that the Applicant had given an undertaking to make an annual contribution of up to £5,000 to the Council for the operation of CCTV in Piccadilly Circus and the immediate surrounding area. Members did not believe it to be appropriate for this to be a condition on the licence. Members also did not believe it to be appropriate to attach the Applicant’s proposed condition that a minimum price should be set for the sale of alcohol.
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2. |
Live Music (Indoors) |
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Monday to Thursday: 10:00 to 01:00 Friday to Saturday: 10:00 to 02:00 Sunday: 10:00 to 01:00
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The application was granted, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
Recorded Music (Indoors) |
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Monday to Thursday: 10:00 to 01:00 Friday to Saturday: 10:00 to 02:00 Sunday: 10:00 to 01:00
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The application was granted, subject to conditions as set out below (see reasons for decision in Section 1).
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4. |
Sale by retail of alcohol (On) |
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Monday to Thursday: 10:00 to 00:30 Friday to Saturday: 10:00 to 01:30 Sunday: 10:00 to 00:30.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The application was granted, subject to conditions as set out below (see reasons for decision in Section 1).
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5. |
Hours premises are open to the public |
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Monday to Thursday: 10:00 to 01:30 Friday to Saturday: 10:00 to 02:30 Sunday: 10:00 to 01:30.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The application was granted, subject to conditions as set out below (see reasons for decision in Section 1).
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6. |
Seasonal variations / non-standard timings |
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Late Night Refreshment (Indoors), Live Music (Indoors), Recorded Music (Indoors), Sale by retail of alcohol (On) and Hours premises are open to the public
From the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The application was granted, subject to conditions as set out below.
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Conditions attached to the Licence |
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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;
(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.
9. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
Additional Conditions
10. ThePremisesshallinstallandmaintaina comprehensiveCCTVsystemasper theminimumrequirementsoftheWestminsterPoliceLicensingTeam.Allentryandexitpointswillbe coveredenablingfrontalidentificationofeverypersonenteringinanylightcondition.The CCTVsystemshallcontinuallyrecordwhilstthepremisesis openforlicensableactivitiesand duringall timeswhencustomersremainonthepremises.Allrecordingsshallbestoredfora minimumperiodof31 dayswithdate andtimestamping.Viewingofrecordingsshallbe madeavailableimmediatelyupontherequestofpoliceorauthorisedofficerthroughoutthe entire31day period.
11. AstaffmemberfromthePremiseswhois conversantwiththeoperationoftheCCTVsystemshallbe onthePremisesatall timeswhenthePremisesisopen.Thisstaffmembermustbe able toprovidetoPoliceorauthorisedcouncilofficercopiesofrecentCCTVimagesordata withtheabsoluteminimumofdelay whenrequested.
12. Thereshallbe apersonallicenceholderondutyonthepremisesatall timeswhenthe Premisesare authorisedtosellalcohol.
13. A minimum of 2 SIA licensed door supervisors shall be on duty at the premises from 18:00 until close, and a minimum of 4 door supervisors shall be on duty from 22:00.
14. Anoiselimitermustbe fittedto themusicalamplificationsystemsetat aleveldeterminedby andto thesatisfactionofan authorisedofficeroftheEnvironmentalHealthService,soas toensurethatnonoisenuisanceis causedto localresidentsorbusinesses.Theoperationalpanelofthenoiselimitershallthenbe securedby keyorpasswordto thesatisfactionof officersfromtheEnvironmentalHealthServiceandaccessshallonlybe bypersonsauthorisedby thePremisesLicenceholder.Thelimitershallnotbe alteredwithoutprioragreementwiththeEnvironmentalHealthServices.Noalterationormodificationto anyexistingsoundsystem(s)shouldbe effectedwithoutpriorknowledgeofan authorisedOfficeroftheEnvironmentalHealthService.Noadditionalsoundgeneratingequipmentshallbe usedonthe premiseswithoutbeingroutedthroughthesoundlimiterdevice.
15. Nonoisegeneratedonthepremises,orby itsassociatedplantorequipment,shallemanatefromthepremisesnorvibrationbe transmittedthroughthestructureofthe premiseswhichgivesriseto anuisance.
16. All outsidetablesandchairsshallbe renderedunusableby 22:00eachday.
17. Thereshallbe noadmittanceorre-admittancetothepremisesafter01.00exceptforpatronspermitted totemporarilyleave thepremisesto smoke.
18. Noticesshallbeprominentlydisplayedat allexitsrequestingpatronstorespecttheneedsof localresidentsandbusinessesandleavetheareaquietly.
19. Noticesshallbe prominentlydisplayedatanyareausedforsmokingrequestingpatronsto respecttheneedsoflocalresidents andusethearea quietly.
20. Adirecttelephonenumberforthemanageratthepremisesshallbe publiclyavailableat alltimesthepremisesisopen.Thistelephonenumberis tobe madeavailabletoresidentsandbusinessesinthevicinity and advertised near the entrance doors of the premises in letters of at least two inches tall.
21. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
22. At all times there shall be promotion of non-alcoholic drinks.
23. Nowasteorrecyclablematerials,includingbottles,shallbe moved,removedfromorplaced inoutsideareasbetween23:00hoursand08:00hoursonthefollowingday.
24. Thenumberofpersonspermittedin thelicensedpremisesatanyonetime(includingstaff)shallnotexceed419persons, reducing to 300 persons at midnight and 200 persons at 01:00 hours.
25. The last entry time to the premises on any given night shall be at least one hour before it closes.
26. Substantialfoodandnon-intoxicatingbeverages,includingdrinkingwater,shallbe availablein allpartsof the premises where alcohol is sold or supplied for consumption on thepremises.
27. Waiterorwaitressserviceshallalwaysbeavailablein thelicensedPremises.
28. Thereshallbe nostripteaseornudity,andall personsshallbe decentlyattiredat alltimes.
29. AChallenge21orChallenge25proofofageschemeshallbe operatedat thepremiseswheretheonly acceptableforms of identificationarerecognisedphotographic identificationcards,suchasa drivinglicence,passportorproofofagecardwiththePASSHologram.
30. Arecordshallbe keptdetailingall refusedsalesofalcohol.Therecordshouldincludethe dateandtimeoftherefusedsaleandthenameofthememberofstaffwhorefusedthesale. Therecordshallbe availableforinspectionat thePremisesbythepoliceoran authorisedofficeroftheCityCouncilat alltimeswhilstthePremisesis open.
31. Anincidentlogshallbekeptat thePremises,andmadeavailableonrequestto an authorisedofficeroftheCityCouncilorthepolice.It mustbe completedwithin24 hoursof theincidentandwillrecordthefollowing: a) all crimesreportedto thevenue; b) all ejectionsofpatrons; c) anycomplaintsreceivedconcerningcrimeanddisorder; d) anyincidentsofdisorder; e) all seizuresofdrugsoroffensiveweapons; f) anyrefusalofthesaleofalcohol;and g) anyvisitby arelevantauthorityoremergencyservice.
32. No licensableactivitiesshalltakeplaceat thePremisesuntilthelicensingauthorityare satisfiedthatthePremisesis constructedoralteredin accordancewith the appropriateprovisionsoftheDistrictSurveyor’sAssociation– TechnicalStandardsforPlacesof EntertainmentandthereasonablerequirementsofWestminsterEnvironmentalHealthConsultationTeam,at whichtimethisconditionshallbe removedfromthelicencebythe licensingauthority.
33. Thelicenceholdershallenterintoan agreementwitha hackneycarriageand/orprivatecarriagefirmto providetransportforcustomers, with contactnumbers made readilyavailableto customerswhowillbe encouragedto usesuchservices.
34. No queuingwill be permitted outside the premises.
35. Thepremiseslicenceshallnotbe transferrablesaveto subsidiariesorgroupcompaniesof HardRockCafé(UK) Limited.
36. Notwithstandingcondition 36, alcoholmaybe suppliedandconsumed immediately priororposttheir mealatthepremisesin thebararea (designatedontheplan), byuptoa maximum at any onetime,of42persons.
37. ThePremisesshallonlyoperateas arestaurant:
a) in whichcustomersareshownto theirtable; b) wherethesupplyofalcoholis bywaiterorwaitressserviceonly; c) which provide food in the formof substantial table meals that are prepared on thePremises andare servedandconsumedat thetableusingnondisposable crockery; d) whichdo notprovideanytakeawayserviceoffoodordrinkforimmediateconsumption; e) whichdo notprovide anytakeaway service of foodordrinkafter23:00;and f) wherealcoholshallnotbe soldorsupplied,otherwisethanforconsumptionby personswhoare seatedin thepremisesandbonafidetakingsubstantialtablemealsthere,and providedalwaysthattheconsumptionofalcoholbysuchpersonsis ancillaryto takingsuchmeals.
38. Licensable activities and the consumption of alcohol shall only be carried on in the basement of the premises.
39. The licensee shall operate a written dispersal policy for a period of 45 minutes before the premises closes on any given night. All staff shall receive training and refresher training in the policy. A copy of the most recent version of the policy shall be retained on the premises at all times and shall be produced for immediate inspection at the request of any licensing inspector or police officer.
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Supporting documents:
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Hard Rock Cafe 225-229 Piccadilly pt 1, item 4.
PDF 1 MB -
Hard Rock Cafe 225-229 Piccadilly pt 2, item 4.
PDF 7 MB