Agenda item

Mortimer House, 37-41 Mortimer Street, W1

App

No

Ward / Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / not in cumulative impact area

Mortimer House, 37-41 Mortimer Street, W1

New Premises Licence

17/03516/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Wednesday 5th July 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health, 1 Resident Association, 4 local residents and 2 Parochial Church Council All Saints Margaret Street (1 is also a local resident).

 

Present:  Mr Julian Skeens (Solicitor, Representing the Applicant), Mr Guy Ivesha (Director, Applicant Company), Mr Mikail Goek (Manager), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Fitzrovia Neighbourhood Association) and Mr Alan Moses (local resident).

 

Mortimer House, 37-41 Mortimer Street, W1

15/03516/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Sunday:                              23:00 to 01:30            

 

To members and their guests and at private pre-booked events.

 

To members of the public in the restaurant only until midnight on Monday to Saturday and 23.30 on Sundays

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

This was an application for a new premises licence. The Applicant was proposing to locate a restaurant and ancillary bar on the ground floor of the property.  There would be office space occupying floors 1 to 4, a business lounge on floor 5 and an events space with bar on floor 6. The application sought to allow on-sales of alcohol and the provision of late night refreshment throughout the premises from 07:00 to 01:30 Monday to Sunday along with other regulated entertainment. 

 

The Sub-Committee had part heard the application at the meeting on 15 June.  The application had been adjourned to 5 July in order that the Applicant clarified certain matters, including updating proposed conditions.

 

The report for the current hearing included the Applicant’s conditions discussed with Environmental Health.  Mr Brown, representing Fitzrovia Neighbourhood Association, had provided some comments in response to the proposed conditions via e-mail prior to the hearing.  Mr Skeens began the hearing by responding in turn to Mr Brown’s points. 

 

Mr Brown had requested that the sale and supply of alcohol should be ancillary to a substantial table meal in keeping with the Council’s model restaurant condition 66, and that any bar use should be restricted to those waiting to dine or those having dined.  Mr Skeens stated that the Applicant was seeking flexibility for those who do not want a table meal.  The Applicant had originally intended purely having a hatched area for those who did not have a table meal.  Environmental Health had recommended having a maximum capacity for this area and 40 was proposed by the Applicant.

 

Mr Brown sought clarification as to why ‘after 23:00’ had been chosen as the time when patrons would no longer be permitted to take drinks or glass containers with them when temporarily leaving the premises.  At the previous hearing there had been a comparable proposed condition when it was not permitted at any time.  Mr Skeens responded that there had been a proposed condition at the initial hearing that ‘there shall be no admittance or re-admittance to the restaurant after 23:30 to members of the public except for patrons permitted to temporarily leave the premises to smoke’.  It was also the case that there was an outside area as set out in the plans where the tables and chairs are located and where people would smoke.  These would be removed or rendered unusable after 23:00. 

 

In respect of proposed condition 37, Mr Brown had asked for clarification on what the ‘hand deliveries’ were which did not have to be made between the hours of 08:00 and 23:00 unlike other products.  Mr Skeens informed those present that these items were pastries and newspapers and these would not be delivered by truck.

 

A query had been raised by Mr Brown as to why a condition in Mr Skeens’ original letter that alcohol may only be sold or supplied by  employees of the proprietor had not been included in the current list of conditions.  Mr Skeens stated that the reason for this was particularly because whilst most staff would be employed by the Applicant, there may be the occasional need to employ agency staff.

 

Mr Skeens provided the information that in order to reach floors one to six of the building, it was necessary to enter via the members’ lobby.  There would be CCTV there and the Applicant would have a list of people in the premises.  Mr Skeens commented that having a membership meant there was control over how patrons were behaving.  He expected most pre-booked events to involve members but there would be a list of those who were not members.  He added that his client was as keen as residents to prevent any issues arising as they wanted people to take up the premium office space. 

 

The Sub-Committee asked Mr Skeens a number of questions.  These included why his client was seeking up to 40 in the bar being able to drink without it being ancillary to food when there was an overall capacity of 125.  Mr Skeens replied that flexibility was being sought.  There were 40 covers there and 40 was a number that was acceptable to Environmental Health.  It was expected that members would be amongst the 40 who would have a drink without it being ancillary to food.

 

The Sub-Committee also asked why the Applicant was applying for relatively long hours for recorded music, live music, films and plays.  Mr Skeens replied that his client was not expecting for plays to last until 01:30.  Mr Ivesha added that the calendar of events was not finalised.  They could potentially include inspirational talks from the likes of the cultural and creative industries or product launches.  Mr Skeens stated that live music could include a string quartet after 23:00.  The Applicant was also required to comply with the proposed condition that no noise shall emanate from the premises which gives rise to a nuisance. 

 

The Sub-Committee sought assurances that the items that were described as ‘hand deliveries’ would not be delivered at a much earlier time than 08:00.  The Sub-Committee also asked for further clarification as to why customers should be able to take drinks outside until 23:00.  Mr Drayan on behalf of Environmental Health made the point that there was an external seating area that would be used when people were taking their drinks outside.  After 23:00 the area was cleared.

 

Members of the Sub-Committee requested clarification on the condition which set out that the ‘building will consist of premium office space with ancillary accommodation’.  Mr Skeens replied that these were the back of house facilities.  Mr Skeens was also asked where the events would be advertised.  He advised that the premises members would receive details of the events.  He confirmed also that the supply of alcohol would be by waiter or waitress service throughout floors 1 to 6.

 

It was agreed that proposed condition 18 would be deleted as no off sales had been applied for.

 

The Sub-Committee was addressed by Mr Drayan.  He clarified that the 40 in the bar who would be able to have a drink which was not ancillary to a meal was the number proposed by the Applicant and had not formally been agreed by Environmental Health.  It was for the Sub-Committee to decide on the appropriate number.  Mr Drayan was content for MC66 not to be attached to the licence as Mortimer House is not located in a designated cumulative impact area.  He had requested that the Applicant had proposed a number in the designated area to assist enforcement.  He referred to the restrictions on pre-booked and private functions including the function being booked at least 24 hours in advance and that an event management plan had to be produced.  He also referred to any amplified music having to be played through the in-house system.  This would be routed through the sound limiter device.  He therefore believed that noise breakout could be prevented.  Mr Drayan advised that he and the Police were content with the condition that there would be no self-service of alcohol and they did not have a concern about not all staff being directly employed by the Applicant.  He added that the proposed hours were significantly beyond Core Hours and it was for the Sub-Committee to decide the appropriate hours.

 

The Sub-Committee heard from Mr Brown.  It continued to be the position of Fitzrovia Neighbourhood Association (‘FNA’) that the sale and supply of alcohol should be ancillary to a substantial table meal as per MC66 and that any bar use should be restricted to those waiting to dine or to those who have dined.  In order to address the FNA’s concerns regarding drinks being taken outside until 23:00, he proposed a condition that ‘save for customers seated at outside tables and chairs in the area designated on the plan’ and then the ‘after 23:00’ reference could be removed.  Mr Wroe made the point that the Mortimer Street and Wells Street outside areas were part of the premises.  People in these areas were therefore not leaving the premises and re-entering.  The controls therefore only referred to the people taking drinks outside that were not in the designated areas.

 

Mr Brown recommended that rather than excluding ‘hand deliveries’ from deliveries between 08:00 and 23:00, it should be stated what the items were such as pastries or newspapers. He explained that he had been keen on the FNA’s behalf that the ‘alcohol will only be sold or supplied by employees of the proprietor’ condition was retained due to concerns regarding externally promoted events.

 

Mr Brown confirmed that the FNA continued to be concerned about the lateness of the proposed hours and the extent of the licensed area on floors 1 to 6.

 

Mr Moses addressed the Sub-Committee.  He stated that he did not feel that the principal concern of residents about the long hours and people dispersing from the premises at a late hour had been addressed by the Applicant.

 

Mr Skeens on behalf of his client amended the terminal hours for on-sales in the ground floor restaurant so that they would be in keeping with the Council’s Core Hours policy in respect of the terminal hours (23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday).  The commencement hours were not amended.

 

The Sub-Committee granted core terminal hours for the ground floor restaurant, including the external areas. In reaching a decision, the Sub-Committee gave very careful consideration to all the elements of the application and the different uses of the premises.  The Sub-Committee was of the view that as a result of the Applicant reducing the terminal hours for on-sales in the ground floor restaurant to Core Hours this was more likely to promote the licensing objectives.  The Sub-Committee was more amenable to permitting customers to have a drink which was not ancillary to food in the bar area on the ground floor hatched red on the plan if this concluded at 23:30 Monday to Thursday, midnight on Friday and Saturday and 22:30 on Sunday. For the avoidance of doubt, the core terminal hours apply to all activities on the ground floor and are not restricted to the use of the restaurant by members of the public.   

 

The Sub-Committee noted that Mortimer House is not located in a cumulative impact area.  Members were also content with the commencement hours for the sale of alcohol as between the hours of 07:00 and 10:00 each day the supply of alcohol on all floors, including the ground floor restaurant, would be to seated customers taking table meals. The Sub-Committee was content for members and their guests to have access to licensable activities on floors 1 to 6 (the office space, business lounge and events space) until 01:30.  However, the Sub-Committee had concerns regarding pre-booked and private events taking place until 01:30.  Whilst the Applicant would be required to implement an event management plan for such events, it is the experience and judgement of the Sub-Committee that pre-booked and private events often involve a different group of people who will not have the same degree of loyalty to the organisation as members would.  There was more potential from these events for there to be disorder and residents to be adversely affected by members of the public dispersing from the premises in high spirits.  The Sub-Committee therefore decided to also grant core terminal hours for pre-booked and private events on the 5th and 6th floors.

 

Conditions attached to the premises licence, taking into account the comments at the hearing, included that the sale and consumption of alcohol shall remain ancillary to the primary use of the premises for office and / or restaurant use.  Rather than requiring enforcement to have to make an assessment as to whether there were 40 people in the bar area, the Sub-Committee considered it more appropriate to have a designated area hatched red as originally proposed by the Applicant. The condition attached by the Sub-Committee was that the ground floor of the premises, including the external areas, shall operate as a restaurant and cafe/bar and, with the exception of the areas hatched red (as shown on the plan), the supply of alcohol shall be by waiter or waitress service only to persons seated taking table meals and for consumption by such persons as ancillary to their meals.

 

The Sub-Committee noted that the designated outside area was part of the premises and therefore were able to attach the condition that ‘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’ without this impacting on the use of the outside area.  The Sub-Committee replaced the reference to ‘hand deliveries’ and decided that ‘save for the deliveries of pastries and newspapers, all deliveries to the premises must be made between the hours of 08:00 and 23:00 Monday to Saturday and between 10:00 and 21:00 on Sundays’.  Taking into account the comments of Mr Skeens and Mr Brown, the Sub-Committee amended a condition which was originally suggested by the Applicant to ‘alcohol shall only be sold and supplied by employees of or on behalf of the proprietor of the premises’.

 

2.

Performance of Plays (Indoors)

 

 

Monday to Sunday:                              07:00 to 01:30

For members and guests or private pre-booked events on the 6th floor only

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Applicant confirmed during the hearing that the performance of plays and exhibition of films would take place on the sixth floor only.  The Sub-Committee was content for members and their guests and guests of the management to have access to licensable activities on floors 1 to 6 (the office space, business lounge and events space) until 01:30.  The Sub-Committee granted the hours sought but with core terminal hours for private and pre-booked functions on the 5th and 6th floors.

 

3.

Exhibition of Films (Indoors)

 

 

Monday to Sunday:                              07:00 to 01:30

For members and guests or private pre-booked events on the 6th floor only

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Applicant confirmed during the hearing that the performance of plays and exhibition of films would take place on the sixth floor only.  The Sub-Committee was content for members and their guests and guests of the management to have access to licensable activities on floors 1 to 6 (the office space, business lounge and events space) until 01:30.  The Sub-Committee granted the hours sought but with core terminal hours for private and pre-booked functions on the 5th and 6th floors.

 

4.

Live Music (Indoors)

 

 

Monday to Sunday:                              07:00 to 01:30

 

For members and guests or private pre-booked events only           

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Sub-Committee was content for members and their guests and guests of the management to have access to licensable activities on floors 1 to 6 (the office space, business lounge and events space) until 01:30.  The Sub-Committee granted the hours sought but with core terminal hours for private and pre-booked functions on the 5th and 6th floors.

 

5.

Recorded Music (Indoors)

 

 

Monday to Sunday:                              07:00 to 01:30

For members and guests or private pre-booked events only

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Sub-Committee was content for members and their guests and guests of the management to have access to licensable activities on floors 1 to 6 (the office space, business lounge and events space) until 01:30.  The Sub-Committee granted the hours sought but with core terminal hours for private and pre-booked functions on the 5th and 6th floors.

 

6.

Sale by retail of alcohol (On)

 

 

Monday to Sunday:                              07:00 to 01:30

For members and guests or private pre-booked events.

 

To members of the public in the restaurant only until midnight on Monday to Saturday and 23.00 on Sundays

 

 

Amendments to application advised at hearing:

 

 

During the hearing, Mr Skeens on behalf of his client amended the terminal hours for on-sales in the ground floor restaurant so that they would be in keeping with the Council’s Core Hours policy in respect of the terminal hours (23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday).  The commencement hours were not amended.

 

 

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

 

 

The Sub-Committee granted the hours sought but with core terminal hours for the ground floor, including the external areas. For the avoidance of doubt, the core terminal hours apply to all activities on the ground floor and are not restricted to the use of the restaurant by members of the public

 

The Sub-Committee was content for members and their guests and guests of the management to have access to licensable activities on floors 1 to 6 (the office space, business lounge and events space) until 01:30.  The Sub-Committee granted the hours sought but with core terminal hours for private and pre-booked functions on the 5th and 6th floors.

 

7.

Hours premises are open to the public

 

 

Monday to Sunday:                              00:00 to 00:00

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

 

 

Amendments to application advised at hearing:

 

 

 The Applicant amended the proposed hours for the closing time in the restaurant in keeping with Core Hours.

 

 

 

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

 

 

Granted, subject to conditions as set out below.

 

8.

Seasonal variations  / Non-Standard Timings

 

 

Late Night Refreshment (Indoors), Plays (Indoors), Films (Indoors), Live Music (Indoors), Recorded Music (Indoors and Outdoors), Sale by retail of alcohol (On)

 

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):

 

 

Granted, subject to conditions as set out below. 

 

 

 

 

 

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;

 

(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.         Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.

 

Additional Conditions

 

10.          The sale and consumption of alcohol shall remain ancillary to the primary use of the premises for office and / or restaurant use.

 

11.          There will be no licensable activities in the basement.

 

12.          Other than to the restaurant bar on the ground floor all admissions to the premises shall be via the Member’s lobby with access to the rest of the building restricted by electronic means such as key cards.

 

13.          The supply and consumption of alcohol on floors 1 to 6 is restricted to bona fide guests of the management and Members and their bona fide guests and the supply of alcohol may also be permitted in the 5th and 6th floors to persons attending pre-booked and bona fide private functions by invitation and where:

 

              i.        There shall be no self-service of alcohol

 

             ii.        Bona fide guests of the management shall be limited to maximum of 30 persons at any one time. A list of such guests shall be produced on demand for inspection by the police or authorised officers of the Council

 

            iii.        Pre-booked and bona fide private events will cease at 23:30 Monday to Thursday, 00:00 Friday and Saturday and 22:30 on Sunday.

 

14.          There shall be rules of membership and a copy of such rules shall be kept at the premises and made available for inspection by the police or authorised officers of the Council. Such rules shall include the following requirements:

 

              i.        No person shall be admitted to membership or be entitled to take advantage of any of the privileges of membership without an interval of at least 24 hours between application for membership and admission

 

             ii.        Bona fide guests per Member shall not exceed 8 at any one time

 

            iii.        A list of the names and addresses of Members shall be kept on the premises at all times together with a book/digital file showing the names and dates of attendance of any guests introduced by Members. Both the list and the book/digital file shall be produced on demand for inspection by the Police or authorised officers of the Council.

 

15.          Pre-booked and bona fide private functions held on the 5th and/or 6th floors can only be staged under the following circumstances:

 

              i.        The function is booked at least 24 hours in advance

 

             ii.        Prior to a function starting an event management plan shall be produced and shall include, amongst other matters, assessments of the security arrangements and the provision of non-glass drinking vessels

 

            iii.        The event management plan and a register of persons attending shall be kept at the premises and made available for immediate inspection by Police or an authorised officer of the Council and thereafter kept for at least 31 days for viewing

 

 

           iv.        Alcohol shall be supplied on the 5th floor by waiter or waitress service only.

 

16.          The ground floor the premises, including the external areas, shall operate as a restaurant and cafe/bar and, with the exception of the areas hatched red (as shown on the plan), the supply of alcohol shall be by waiter or waitress service only to persons seated taking table meals and for consumption by such persons as ancillary to their meals.

 

17.          Between the hours 07:00 until 10:00 daily the supply of alcohol on all floors, including all areas of the ground floor restaurant, shall be by waiter or waitress service only, to persons seated taking table meals and for consumption by such persons as ancillary to their meals.

 

18.          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

 

19.          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

 

20.          A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

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

 

22.          A direct telephone number for the manager at the premises shall be publically available at all times the premises is open. This telephone number is to be made available to residents and business in the vicinity.

 

23.          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

 

24.          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.

 

25.          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

c.    any complaints received concerning crime and disorder

d.    any incidents of disorder

e.    all seizures of drugs or offensive weapons

f.     any faults in the CCTV system

g.    any refusal of the sale of alcohol

h.    any visit by a relevant authority or emergency service.

 

26.          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.

 

27.          There shall be no admittance or re-admittance to the restaurant after 23:30 to members of the public except for patrons permitted to temporarily leave the premises to smoke.

 

28.          Tables and chairs situated outside the premises building, shall be removed or rendered unusable after 23:00.

 

29.          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 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.

 

30.          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 the recent CCTV images or data with the absolute minimum delay when requested.

 

31.          The premises shall not operate as a commercial cinema.

 

32.          The licence holder shall enter into an agreement with a hackney carriage and/or private hire firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

 

33.          During the hours of operation 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.

 

34.          Waste or recyclable materials, including bottles, can only be moved, removed or placed in outside areas between the hours 08:00 and 23:00 or as specified on the Council’s website for Commercial Waste collection times for the street.

 

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

 

36.          Save for the deliveries of pastries and newspapers, all deliveries to the premises must be made between the hours of 08:00 and 23:00 Monday to Saturday and between 10:00 and 21:00 on Sundays.

 

37.          Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises.  The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

 

·         dry ice and cryogenic fog

·         smoke machines and fog generators

·         pyrotechnics including fireworks

·         firearms

·         lasers

·         explosives and highly flammable substances.

·         real flame.

·         strobe lighting.

 

38.   The certificates listed below shall be submitted to the Licensing Authority upon written request:

 

a)    Any emergency lighting battery or system

b)    Any electrical installation

c)    Any emergency warning system

 

39.          All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

40.          The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

41.          Curtains and hangings shall be arranged so as not to obstruct emergency signs.

 

42.          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.

 

43.          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.

 

44.          All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

45.          The number of persons accommodated at the premises (excluding staff) shall not exceed 600 for the building as a whole with the following local restrictions for each floor:

 

·         Basement (to be determined)

·         Ground floor restaurant – 125

·         1st floor (to be determined)

·         2nd floor (to be determined)

·         3rd floor (to be determined)

·         4th floor (to be determined)

·         5th floor (to be determined)

·         6th floor (to be determined)

 

The licence will have no effect until the capacity of the premises has been assessed by the Environmental Health Consultation Team and a condition detailing the agreed capacity for each floor has replaced this condition on the Licence.

 

46.          No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Premises Licence by the Licensing Authority.

 

47.          Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises as constructed. Where there are minor changes to the layout of the premises during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority and shall be attached to this licence in substitution of the existing plans, at which time this condition shall be removed from the license.

 

48.          Alcohol shall only be sold and supplied by employees of or on behalf of the proprietor of the premises.

 

49.         The performance of plays and exhibition of films shall be restricted to the 6th floor of the premises only.

 

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