Agenda item
11-15 Grosvenor Crescent, SW1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
Knightsbridge And Belgravia Ward / not in cumulative impact area |
11-15 Grosvenor Crescent, SW1 |
New Premises Licence |
17/06659/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 17th August 2017
Membership: Councillor Angela Harvey (Chairman), Councillor Karen Scarborough and Councillor Rita Begum
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrance
Relevant Representations: One local resident.
Present: Mr Robert Botkai (Solicitor, representing the applicant) and Mr Sebastian Moritz (Applicant).
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11-15 Grosvenor Crescent, London, SW1X 7EE (“The Premises”) 17/06659/LIPN |
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1. |
Late Night Refreshment
Monday to Sunday: 23:00 to 05:00
Seasonal Variations/Non-Standard Timings:
The provision of Late Night Refreshment shall be limited to the residents of 11-15 Grosvenor Crescent and their bona fide guests.
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Amendments to application advised at hearing:
The applicant advised that the provision for late night refreshment outdoors was withdrawn.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Collection Properties Ltd for a new Premises licence in respect of 11-15 Grosvenor Crescent, London, SW1X 7EE.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the City Council’s Environmental Health Department had withdrawn its representation following the agreement of conditions with the applicant. The Sub-Committee noted that prior to the hearing the Licensing Team had attempted unsuccessfully to contact the resident who had submitted the representation.
Mr Botkai, representing the Applicant, explained that 11-15 Grosvenor Crescents consisted entirely of private residences. There were five entrances to the buildings, three for the townhouses and two for the serviced apartments. Access could only be gained to these entrances through the use of a security fob. The application had been submitted to allow residents to be able to keep or buy wine in the wine cellar and also allow them and their guests to be able to consume it in certain designated areas within the Premises. These areas would consist of a wine cellar, a lobby area and a meeting room. There would be no element of a bar. Only one representation had been received and the Sub-Committee was advised that the Applicant had made numerous attempts to contact the individual to explain the application but all of these had been unsuccessful. It was stated that all the residences were held on long term leases and the nature of the application would have no impact on the licensing objectives.
The Sub-Committee was interested to learn whether the residences were only leased on a long term basis? Mr Moritz, the Operations Manager for the Applicant company, confirmed that the minimum lease period was for six months to avoid any short term transition of apartments. Further clarity on the security of the building was requested. Mr Moritz explained that the building was serviced twenty-fours a day by the management team and all wine cabinets used for storing wine were locked and only accessible to key holders. Residents would only have access to their own wine cabinets. CCTV had also been installed and every communal area would be monitored to ensure control was maintained at all times.
The Sub-Committee asked further questions relating to the capacity of the Premises. Mr Moritz confirmed that the wine cellar had seating for twelve people or alternatively a maximum capacity of twenty people standing if the furniture was removed from the room. However, the furniture was designed to remain within the room and therefore it was not envisaged that any events involving residents and guests standing would be held. Residents would book any of the three designated areas on a first come first serve basis.
In response to a question over the availability of late night refreshment Mr Botkai stated that this would be provided indoors and the outdoor element of the application was withdrawn. The Sub-Committee also noted that on and off sales of alcohol had been applied for to allow residents to purchase wine and then take it back to their residence if they so desired.
After careful consideration the Sub-Committee agreed to grant the application. The Sub-Committee had been reassured that all the residences were subject to leaseholds of a minimum period of six months which would prevent the wine cellar being utilised by people sub-letting the residences for shorter periods of time. With regards to security it was noted that a twenty-four hour concierge service was to be implemented and a CCTV system was in place at the entrance and exit points of the building. The Sub-Committee also noted that the individual wine cabinets for each residence were locked and only accessible to their owners through the use of a security fob. The small capacity of the three designated areas was also taken into account along with the fact that there were no representations from any of the Responsible Authorities. Therefore due to the nature of the application, the security measures to be introduced and the fact residents would have a minimum lease period of six months the Sub-Committee was of the opinion that the application would uphold and promote the licensing objectives. The Sub-Committee considered that the Conditions imposed on the Licence were appropriate and proportionate.
The following condition was added to the licence to ensure that the wine cellar could not be used by people sub-letting any of the residences for periods shorter than six months:
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2. |
Sale by Retail of Alcohol – On and Off
Monday to Sunday: 00:00 to 00:00
Seasonal Variations/Non-Standard Timings:
The sale of alcohol shall be limited to the residents of 11-15 Grosvenor Crescent and their bona fide guest.
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Amendments to application advised at hearing:
None.
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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.
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3. |
Hours Premises are Open to the Public
Monday to Sunday: 00:00 to 00:00
Seasonal Variations/Non-Standard Timings:
None.
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Amendments to application advised at hearing:
None.
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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.
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Conditions attached to the Licence |
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Mandatory Conditions
(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
9. The provision of licensable activities at the premises shall be ancillary to the use of the premises as serviced apartments or townhouses on long term leases which do not allow sub-letting for less than six months.
10.The extend of the premises licensed for licensable activity shall be as follows:
· The wine store in the basement
· The meeting room on the lower ground floor
· The lobby on the ground floor
11.The sale of alcohol and the provision of late night freshmen shall be limited to the residents of 11-15 Grosvenor Crescent and their bona fide guest.
12.The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. The entry and exit points will be covered enabling frontal identification of every person entering the lobby to the premises in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made immediately upon request of Police or authorised officer throughout the entire 31 day period.
13.A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
14.A challenge 21 or challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with PASS Hologram.
15.An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:
a) All crimes reported to the venue b) All ejections of patrons 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, searching equipment or scanning equipment g) Any refusal of the sale of alcohol h) Any visit by a relevant authority or emergency service.
16.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.
17. 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.
18.All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
19.All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
20.Curtains and hangings shall be arranged so as not to obstruct emergency.
21.All sales of alcohol for consumption off the premises shall be in sealed containers only.
22.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.
23.No licensable activities shall take place at the premises until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the Licensing Authority.
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Supporting documents:
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