Agenda item
Simmons, 2 Bateman Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
West End Ward / West End Cumulative Impact Area |
Simmons, 2 Bateman Street, W1 |
Variation |
17/07004/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 5
Tuesday 3rd October 2017
Membership: Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Yolanda Wade
Relevant Representations: Environmental Health, Metropolitan Police, Licensing Authority and 1 local resident.
Present: Mr Gary Grant (Counsel, Representing the Applicant), Mr Stephen Hodges (General Manager), Mr Oliver Bolardo (Applicant Company), Mr David Gair (Licensing Consultant), Ms Ellie Spencer (Solicitor, on behalf of the Applicant), Mr Dave Nevitt (Environmental Health), PC Toby Janes (Metropolitan Police) and Mr David Sycamore (Licensing Authority).
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Simmons, 2 Bateman Street, W1 17/07004/LIPV (“The Premises”)
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Layout alteration |
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The Applicant applied to vary the current licence to include the first floor of the building. It is proposed that the ground floor continues operating as it currently stands, with the first floor to be used for pre-booked groups and for functions (on Wednesdays to Saturdays only).
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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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This was an application for a variation of the premises licence. The Applicant was seeking to include the first floor of the building in the licensable area. The first floor would be used for pre-booked groups and for functions on Wednesdays to Saturdays. There would be no change to the operating hours at the Premises. These were Core Hours (a terminal hour of 23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday)
The Applicant was aware that Simmons is located in the West End Cumulative Impact Area. Mr Grant, representing the Applicant explained that there were exceptional reasons for granting the application which would mitigate against the additional patrons on the first floor adding to cumulative impact. He stated that there had been an understandable representation from the one local resident who had objected to the application that there were too many people congregating outside later in the evening. Currently patrons were able to drink outside until 23:00. It was proposed that in the event the application was granted the outside area would be better managed with patrons brought inside no later than 22:00 and SIA registered doormen supervising the outside area to ensure it remained orderly and controlled. Mr Grant added that this would be to the benefit of the West End Cumulative Impact Area.
Mr Grant advised that there are 9 Simmons bars in London and they were opening up primarily in cumulative impact areas. He commented that the bars are well managed and the managers are responsive to any issues which arose.
Mr Grant wished to emphasise that the public would not, in the event the application was granted, be able to enter the premises and use the first floor. It could only be used for pre-booked groups and functions. Currently, patrons were able to buy alcohol on the ground floor, take it upstairs and consume it on the first floor without the regulatory controls, including up to date conditions that would exist if the application was granted. Mr Grant confirmed that proposed conditions had been agreed with Environmental Health and Metropolitan Police. These included that the capacity on the first floor would be limited to 60 people and that there would be a door supervisor patrolling the entrance to the first floor in addition to a door supervising overseeing the outside area.
Mr Grant also proposed that on the ground floor there would be a minimum of 30 seats available at all times for customers. This was in order to prevent the Premises becoming a vertical drinking bar in the future. It was submitted that 50% of the capacity would therefore have seating available. Mr Grant referred to the resident who had made a representation suggesting that seating should be made available at the Premises. He said that the reason why he was not proposing a specific number of seats on the first floor (although there are 25 seats which are not fixed upstairs) was to have flexibility for a corporate champagne reception where customers would be able to stand.
Mr Grant referred to Mr Gere’s report which had found that the increased capacity would have a minimal, if any, impact on the area. Mr Grant sought to assure the Sub-Committee that an Outside Management and Dispersal Policy would be implemented in the event the application was granted.
The Sub-Committee heard from PC Janes on behalf of the Metropolitan Police. He stated that the Police had maintained their representation because the Premises is located in the West End Cumulative Impact Area and the application was contrary to policy. He advised that the Police did not have any concerns in terms of how the Premises was currently operating. The Sub-Committee was advised that there were very low crime statistics at the Premises over the last year. The main concerns were that the additional 60 patrons would add to cumulative impact and the potential for crime and disorder. However, the concerns, particularly in relation to crime and disorder, had been addressed with the submission by the Applicant of the Outside Management and Dispersal Policy. PC Janes advised the Sub-Committee that the Applicant had agreed the Police’s proposed conditions.
The Sub-Committee was addressed by Mr Nevitt on behalf of Environmental Health. Mr Nevitt confirmed that he had given advice to the Applicant over the previous 12 months, including providing pre-application advice. He informed the Sub-Committee that public safety at the Premises had been significantly improved. It was submitted that the first and upper floors had been in a poor state of repair but following a refurbishment they were now of a high standard. The means of escape had been improved on the first floor and additional toilets had been installed at the Premises.
Mr Nevitt advised that the Applicant had operated a number of Temporary Event Notices. He also advised that the increased popularity of the Premises had highlighted some issues in respect of the use of the outside area and referred to the Applicant’s proposals in response to this. Mr Nevitt said that it was for the Sub-Committee to consider whether the increased numbers on the first floor were adequately balanced against what was being offered by way of conditions, better regulation and improved standards. He expressed the view that an adequate balance was being provided in this case. Mr Nevitt also believed that the Applicant was addressing the concerns of local residents, particularly in relation to the outside area. The need for the improved use of the outside area had also been raised by the City Inspectors as a result of the increased activity at the Premises.
The Sub-Committee also heard from Mr Sycamore on behalf of the Licensing Authority. He stated that the Licensing Authority was maintaining its representation, primarily due to the increased capacity in the West End Cumulative Impact Area. However, it was the view of the Licensing Authority that it would be far better to implement the Applicant’s proposals as set out by Mr Grant in the event the application was granted on the first floor than to refuse the application. The application, if granted, would provide a number of necessary controls both in relation to the outside area and the first floor. The thirty seats on the ground floor would reduce the potential for vertical drinking.
In response to questions from the Sub-Committee, Mr Grant clarified that there was no current capacity limit for the first floor and that in the event the application was granted customers would not be permitted to take drinks outside after 22:00 every night of the week. This would not only come into effect from Wednesday to Saturday when the first floor would be in operation.
The Sub-Committee in its determination of the matter decided to grant the application as an exception to policy. In reaching this decision, the Sub-Committee noted that whilst there would be increased numbers on the first floor, there was no increase in terms of the hours being operated. Patrons would be required to leave the Premises within Core Hours. The Sub-Committee considered that the conditions being proposed by the Applicant, including having a minimum of two SIA licensed door supervisors on duty at the Premises from 20:00 on Thursday to Saturday with oneoverseeing the outside area and one on dutyat the entrance to the First Floor whilstis was in use, would promote the licensing objectives. This was also the case with patrons not being able to take any drinks with them outside the Premises after 22:00 rather than 23:00 which had previously been permitted and the commitment by the Applicant to have 30 seats on the ground floor in order to limit the potential for the premises being a vertical drinking establishment.
The Sub-Committee took into account that the Responsible Authorities’ concerns had been addressed by what was being proposed by the Applicant. The Applicant had taken steps to address the issues raised by the local resident who had submitted a written representation objecting to the application and also the matters highlighted by the Council’s City Inspectors. Overall, the Sub-Committee was satisfied that what had been offered by the Applicant would mitigate against the additional capacity on the first floor Wednesday to Saturday in the West End Cumulative Impact Area.
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2. |
Condition proposed to be varied |
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Amendments to application advised at hearing: |
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The Applicant and the Metropolitan Police had agreed a revised proposed condition to replace the proposed condition above. The new wording was that:
‘The number of persons permitted in the premises at any one time (excluding staff) shall not exceed: Ground Floor 60 persons First Floor 60 persons’.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the application, attaching the revised proposed condition (with the new wording agreed between the Applicant and the Police) to the premises licence.
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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. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed: Ground Floor 60 persons First Floor 60 persons.
11. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
12. All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of persons.
13. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents in the vicinity.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
15. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
16. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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 for Licensable Activities and during all times when customers remain on the premises. All recordings shall be kept available for a minimum period of 31 days with time and date stamping. Recordings shall be made available, immediately upon the request of an authorised officer or a police officer together with facilities for viewing throughout the preceding 31 day period.
17. 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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
18. 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, which will record the following (a) all crimes reported to the venue (b) any complaints received regarding crime and disorder (c) any incidents of disorder (d) any faults in the CCTV system (e) any refusal of the sale of alcohol (f) any visit by a relevant authority or emergency service.
19. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
20. The Premises Licence Holder is responsible for sweeping or washing away any rubbish or waste caused by customers immediately outside the premises from the building line to the kerb edge, including gutter/channel at its junction with the kerb edge. Litter and sweepings will be collected and stored in accordance with approved storage arrangements.
21. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
22. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours
23. No deliveries of stock are to be received between 23:00 and 08:00 hours.
24. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(a) He is the child of the holder of the premises licence.
(b) He resides in the premises, but is not employed there.
(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
(d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
25. The hours for sale of alcohol and opening times may be extended on New Year’s Eve until 05:00 on New Year’s Day.
26. After 22:00 hours, patrons shall not take any drinks with them outside the premises.
27. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction to the public highway.
28. No drinks shall be taken outside the premises in glass containers at any time.
29. There shall be collection of any litter and/or used receptacles every 30 minutes in the outside area during opening hours.
30. The first floor of the premises shall be used on Wednesday, Thursday, Friday and Saturday only.
31. In respect of the First Floor Alcohol shall only be sold for consumption by persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted. A register of persons attending the event shall be kept at the premises and made available for immediate inspection by police or an authorised officer of the Council.
32. There shall be a minimum provision of 30 seats on the ground floor at all times.
33. 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.
34. 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.
35. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
36. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
37. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
38. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
39. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.
40. A Challenge 25 proof of age scheme shall be operated at thepremises where the only acceptable forms of identification arerecognised photographic identification cards, such as a driving licence,passport or proof of age card with the PASS Hologram.
41. A minimum of two SIA licensed door supervisors shall beon duty at the premises from 20:00 on Thursday to Saturday. Oneof the two SIA licensed door supervisors shall be dedicated to themanagement and control of the designated outside area.
42. At least one SIA licensed door supervisor shall be on dutyat the entrance to the First Floor from 20:00 whilst the First Flooris in use.
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Supporting documents:
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