Agenda item
Hotel Indigo, 1-4 Leicester Square, WC2
|
App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
|
|
2. |
St James’s Ward / West End Cumulative Impact Area |
Hotel Indigo, 1-4 Leicester Square, WC2 |
New Premises Licence |
18/00654/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 19th April 2018
Membership: Councillor Peter Freeman (Chairman), Councillor Susie Burbridge and Councillor Murad Gassanly
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrance
Relevant Representations: The Licensing Authority, The Metropolitan Police and Environmental Health
Present: Ms Lisa Sharkey (Solicitor, representing the Applicant), Mr Jasdeep Sodhi (Hotel Manager), Mr Graham Marskell (Managing Director of Bespoke Hotels), PC Sandy Russell (Metropolitan Police), Mr Ian Watson (Environmental Health) and Miss Daisy Gadd (Licensing Authority)
|
Hotel Indigo, 1-4 Leicester Square, London, WC2H 7NA (“The Premises”) 18/00654/LIPN
|
|
|
1. |
Recorded Music - Indoors
Monday to Sunday: 10:00 to 02:00
Seasonal Variations/Non-Standard Timings:
Recorded music may be provided from time to time in the 9th floor bar and restaurant. The music will be amplified. There shall be no music played in the 9th floor external terrace area of the Premises.
|
|
|
Amendments to application advised at hearing:
None.
|
|
|
Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Leicester Square (London) Hotel Ltd for a new premises licence in respect of Hotel Indigo, 1-4 Leicester Square, London, WC2H 7NA.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the local resident had withdrawn their representation.
Ms Sharkey, representing the Applicant, explained that the proposal from Bespoke Hotels was for a Premises operating as a five star boutique hotel where a one night stay would cost between £280 and £450. A total of ninety-five bedrooms would be situated on floors one to eight with a bar and restaurant located in the ninth floor. The Sub-Committee was shown details of the hotel lobby area and how guests entering the hotel would immediately be greeted at the reception desk. In order for people to access the hotel rooms or bar/restaurant they would either have to be escorted by a member of staff or, if they were hotel residents, use their hotel key card. An indicative layout of the restaurant area was provided which detailed how customers would be greeted by a member of staff at arrival. The Sub-Committee was advised that the ninth floor had exceptional views of London and would primarily be used by pre-booked customers looking to celebrate a special occasion for example. There was an external terrace that would be used for viewing and for those customers wishing to smoke. A smoking area would be designated on the terrace and this would encourage smokers to use this area rather than the public highway. The Applicant acknowledged that the application was seeking to sell alcohol in a Cumulative Impact Area (CIA) beyond core hours. However, it was hoped that the application could be considered an exception to the Council’s Statement of Licensing Policy (SLP) as in return for granting it two licences would be surrendered. These licences permitted alcohol and regulated entertainment until 03:00 hours, seven days a week (except Sunday until 00:30 hours on one of the licences). The licences were granted to nightclub premises with a total capacity of 1,700. The application before the Sub-Committee was a completely different style of operation and would result in a reduction in capacity in a CIA.
Mr Marskell, the Managing Director of Bespoke Hotels, provided the Sub-Committee with details on the proposed high quality nature of the restaurant providing a pan-Asian style menu. It was also thought there would be a high demand for afternoon tea at the Premises due to the views on offer. It was submitted that most customers would be seated and served alcohol by waiter/waitress service with a small standing area also available.
Ms Sharkey highlighted several of the conditions offered by the Applicant, which included the supply of alcohol being by waiter/waitress service, the sales of alcohol being ancillary to the Premises operating as a hotel, the use of non-disposable crockery and substantial food being available in all parts of the ninth floor. Ms Sharkey provided further details on the agreement reached with the Police on their proposed conditions. A proposed condition restricting the sale of alcohol to be sold only to hotel residents and their guests (not exceeding four gests per resident) after midnight could not be agreed upon however. It was hoped that more flexibility could be applied so that members of the public could also consume alcohol in the bar after midnight. Ms Sharkey felt that this was appropriate, as there would be no vertical drinking save for a maximum of ten customers. In addition, two licences, which operated as nightclubs, would be surrendered and the hotel would have a small capacity of 126. In response to a question, Ms Sharkey confirmed that whilst the bar would be advertised on their website there would be no promotion of the bar from the street with most customers expected to pre-book their table. It was noted by the Sub-Committee that the Applicant was keen to provide assurances over the operation of the bar the inclusion of a last entry time on the condition would be accepted.
The Sub-Committee was interested to learn if the Applicant would be willing to accept the model restaurant condition on the licence. Ms Sharkey was of the opinion that this was not necessary due to the size of the Premises and the various restaurant style conditions already proposed. The Applicant was seeking flexibility on the ninth floor to permit some people, the majority of which would be seated, to consume alcohol. Bespoke Hotels was accustomed to operating hotel bars to later hours without creating any additional impact on the local area. The Applicant confirmed that a last entry condition of 23:00 hours or 23:30 hours could be imposed on the licence to provide the Sub-Committee with reassurance over its operation.
PC Russell, representing the Metropolitan Police, advised that permitting members of the public to consume alcohol in the bar after 00:00 hours was against the Council’s SLP. Restricting it to hotel residents and their bona fide guests was appropriate and whilst a last entry time condition was welcomed, placing the model restaurant condition on the licence would be appropriate for such a premises located in the CIA.
In response to a question from the Legal Adviser, the Applicant confirmed they would accept the last entry time model condition on the licence.
Mr Watson, representing Environmental Health (EH), explained that the bar/restaurant was completely associated with the hotel operation and would act as the hotel’s breakfast room for residents. The attraction of the Premises was its location and the views available on the ninth floor. Its proposed capacity of 125 was considered appropriate subject to suitable means of escape being available. EH was pleased to note that there would be no recorded music provided on the external terrace area as this would not create public nuisance. The hotel reception area was considered quite small and this provided reassurance that a member of staff would greet anyone entering this area before being allowed to access the lift area. The bar area was located on the ninth floor and the Council’s SLP did recognise that in a CIA bars located higher up a building did create less problems than those located on the ground floor. EH was satisfied that any public nuisance and safety concerns had been addressed and supported the proposed last entry time condition which helped promote the public nuisance and public safety licensing objectives.
Miss Gadd, representing the Licensing Authority, proposed that it would be appropriate to impose the model restaurant condition on the licence. As the Premises was located within a CIA the application had to be considered under Policy PB2 and therefore should be refused unless exceptional circumstances had been shown.
Ms Sharkey explained that the model restaurant condition was not required as there would be limited vertical drinking and as a last entry condition would be imposed on the licence it would not attract people from elsewhere.
PC Russell confirmed that the Police’s concern over vertical drinking had been alleviated slightly by the proposed condition restricting those standing at the bar to ten customers.
After carefully considering the application the Sub-Committee agreed to grant the application. The Sub-Committee was of the opinion that the Applicant was able to demonstrate that there were exceptional grounds for granting the application having regard to the West End Cumulative Impact Policy. The Sub-Committee accepted the Applicant’s offer to surrender the two premises licences 15/02410/LIPT and 14/11478/LIDPSR as an appropriate and proportionate measure because overall this would have the expected benefit of reducing numbers within the CIA. The Sub-Committee also noted that the Premises would not operate as a nightclub and addressed the concerns raised by the Police in relation to the potential for crime and disorder within the area.
The Sub-Committee noted the provision of recorded music had been withdrawn from the ninth floor external terrace area, which would also act as the designated smoking area. This provided the Sub-Committee with reassurance that this would limit any disturbance to local residents by way of any potential public nuisance.
Due to the style and food-led nature of the operation, the model restaurant condition was not imposed on the ninth floor. Various restaurant style conditions would be imposed on the licence including ensuring substantial food was available in all parts of the ninth floor, waiter/waitress service and licensable activities being ancillary to the use of the Premises as a hotel. The bar area had been raised as a concern but the number of customers standing in this area would be limited to a maximum of ten. A last entry condition would also be imposed to ensure it did not attract customers later in the evening and therefore become a source of any nuisance or disturbance. This provided the Sub-Committee with reassurance that the restaurant/bar would not become a drink-led Premises and add to the CIA.
The Sub-Committee did have careful regard to the concerns expressed by the Licensing Authority, the Police and Environmental Health but considered the conditions proposed to be appropriate and proportionate in the circumstances. After careful consideration the Sub-Committee was satisfied that the Premises could be considered an exception to policy, would not add to cumulative impact and would therefore promote the licensing objectives. The Sub-Committee therefore granted the application accordingly.
The Sub-Committee considered that the conditions imposed on the Premises are appropriate and proportionate that would help promote the licensing objectives.
|
|
2. |
Late Night Refreshment - Indoors
Monday to Sunday: 23:00 to 02:00
|
|
|
Amendments to application advised at hearing:
None.
|
|
|
Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
|
|
3. |
Sale by Retail of Alcohol – On Sales
Monday to Sunday: 10:00 to 02:00
Seasonal Variations/Non-Standard Timings:
For residents and bona fide guests (maximum of 4) the supply of alcohol will not be restricted and shall be permissible 24 hours a day.
|
|
|
Amendments to application advised at hearing:
None.
|
|
|
Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
|
|
4. |
Hours Premises are Open to the Public
Monday to Sunday: 00:00 to 00:00
|
|
|
Amendments to application advised at hearing:
None.
|
|
|
Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
|
|
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 subparagraph 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. Premises Licences 15/02410/LIPT and 14/11478/LIDPSR relating to 1–4 Leicester Square which allow licensable activities until 03:00 hours with a combined capacity of 1,770 will be surrendered, subject to the grant of this application together with two further premises licences for Assembly Hotel, Alhambra House, 27-31 Charing Cross Road, London WC2H 0LS and Trocadero Hotel, Skybar and Restaurant [Planning address – 13 Coventry Street, London W1D 7AB. Postal address to be subject to formal street naming process but main access to the Hotel will be from Shaftesbury Avenue]. The licences to be surrendered before the opening of the Trocadero Hotel at which time the Licensing Authority shall remove this condition.
10. The number of persons accommodated at any one time in the 9th floor bar and restaurant shall be 125 (excluding staff). (Informative: This condition is subject to amendment following determination by the District Surveyor in accordance with condition 41.)
11. The supply of alcohol in the 9th floor bar and restaurant shall be by waiter or waitress service only.
12. Licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a hotel.
13. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the 9th floor bar and restaurant where alcohol is sold or supplied for consumption on the premises.
14. Substantial food shall be in the form of substantial table meals that are prepared upon the premises and are served and consumed at a table using non-disposable crockery. Other than to hotel residents and guests as part of room service then food and drink shall not be provided as part of any takeaway service.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to a table meal.
15. Admission to the 9th floor licensed area from the street by members of the public shall be through the hotel reception area only and which shall be supervised at all times by a SIA registered member of door staff.
16. A minimum of 90 seats shall be provided within the 9th floor licensed area.
17. With the exception of the external terrace and a maximum of 10 customers who may be stood at the bar, all customers shall be seated.
18. With the exception of residents and their bona fide guests, no alcohol shall be consumed more than 30 minutes after the permitted hour for the supply of alcohol.
19. Notwithstanding the permitted hours, alcohol may be supplied to persons residing in the premises for consumption by such persons and their bona fide guests at any time without restriction.
20.There shall be at least one SIA registered member of door staff on duty within the hotel reception at all times. There shall be a further SIA registered member of door staff on duty from 18:00 hours on the 9th floor whilst the premises are open for licensable activities. From 17:00 hours, a member of staff shall be located in the ground floor reception area to greet and direct patrons to the 9th floor bar and restaurant.
21. 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 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 available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
22. 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 premise is open for licensable activities. 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.
23. 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) any faults in the CCTV system, (f) any refusal of the sale of alcohol, (g) any visit by a relevant authority or emergency service.
24. 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.
25. There will be no self-service of alcohol except for in the guest bedrooms.
26. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises directly off the street.
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 of the public highway. No glass containers shall be taken outside of the building by customers at any time.
28. 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.
29. Loudspeakers shall not be located in the entrance lobby or outside the premises building, including 9th floor terrace.
30. All doors and windows on the 9th floor shall be kept closed after 23:00 hours or whenever regulated entertainment is provided, except for access and egress for those going outside to smoke.
31. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, hall at all material times be maintained in good condition and full working order.
32. 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.
33. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
34. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
35. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
36. During the hours of operation of the premises, 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.
37. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
38. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
39. With the exception of fresh produce, linen and newspapers, no deliveries to the premises shall take place between 23:00 and 08:00 on the following day.
40. No licensable activities shall take place at the premises until the capacity of the 9th floor has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined.
41. 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 licence by the Licensing Authority.
42. 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 constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority. This condition shall be removed by the Licensing Team once satisfied.
43. The premises shall join the local Pubwatch or other local crime reductions scheme approved by the police, and local radio scheme, if required.
44. For any pre-booked event or occasion when a guest list is in operation, only a Director, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager will be authorised to add additional names to the guest list. Any additions less than 48 hours before the pre-booked event or occasion must be legibly entered on the list and signed for by the Director, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager. This list will be kept for a period of 31 days following the event and will be made available immediately for inspection upon request by a police officer or council officer.
45. Any externally promoted events held at the venue shall be notified to the Metropolitan Police Service. A Form 696 (or equivalent) will be completed and submitted within 14 days of the event, or such less time as agreed with the police. When carrying out the risk assessment for the event and holding the event, the venue will take into account any reasonable advice received from the Westminster Police Licensing Team and the Central/Clubs Promotors Police Team who receive the Form 696 (or their equivalent) and upon a reasonable request by the police and the venue will not run the event.
46. There will be at least one member of staff supervising the entrance to the 9th floor bar and restaurant area whenever that space is in use.
47. There shall be no admittance or re-admittance to the 9th floor bar/restaurant after 23.00 except for patrons permitted to temporarily leave the premises to smoke.
48. All patrons wishing to smoke shall use the designated smoking area on the terrace area of the premises as indicated on the Premises Plan.
|
Supporting documents:
PDF 6 MB