From: licensing licensing <licensing@westminstercab.org.uk>

Sent: 24 September 2019 15:17

To: Steward, Michelle: WCC

Cc: Alun Thomas; 'John Zamit'; ELIZABETH VIRGO

Subject: Daisy Green applications - 19/09141/LIPN and 19/09114/LIPN

Dear Michelle,

As you are aware, I am representing SEBRA and PWMVS at the hearings of these applications this Thursday. I thought it would be helpful to update the Sub-Committee on the position of the objectors.

Application 19/09141/LIPN (the ground floor and mezzanine)

The applicant and their solicitor kindly met with SEBRA and myself on site, and discussed the applications and the concerns set out in the representations.

Mr Thomas has since submitted an amended plan showing a green hatched area outside of which sale of alcohol would only be to persons seated, and by waiter/ess service. The green hatched area includes part of an external area. He has also proposed a condition rendering the tables and chairs outside unusable by 11pm. I have discussed this with my clients and their view is that the amendments do not go far enough to resolve the concerns expressed in their representations.

In particular, the main thrust of the representations was that the Operating Schedule was insufficient to persuade the objectors that the application, if granted, would promote the licensing objectives due to the proposed arrangements for sale of alcohol. The application as submitted was devoid of any conditions requiring customers to be seated/served by waiter/ess service inside and/or outside, nor for sale of alcohol to be ancillary to table meals in any part of the premises. This is considered by the objectors to be likely to adversely impact on the licensing objectives, particularly when the proposed hours and the capacity are taken into account. I understand that the planning consent is for A1/A3.

Accordingly, the objectors raised a number of points which would be capable of being adapted to conditions to address these points. The view is that alcohol should be sold for consumption only by persons seated and by waiter/ess service, preferably accompanied by table meals. The applicant’s proposal falls some way short of this. Although there may be scope for discussion and compromise on aspects of this, at the present time the parties are still some way apart.

The objectors would also like to propose the following specific conditions:

1. 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.
2. Save for the external area hatched in [  ], no super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises for consumption off the premises, except for premium beers and ciders supplied in glass bottles.
3. There shall be no sales of alcohol for consumption off the premises after 23.00 Mon-Sat, 22.30 Sun.
4. 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.
5. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area defined as (precise location tbc, but we suggest it is adjacent to Bishop’s Bridge Road).
6. 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 and businesses in the vicinity.
7. The number of persons accommodated at the premises (excluding staff) shall not exceed (tbc).

Application 19/09114/LIPN (the rooftop)

It is noted that the purpose of the licence is to provide licensable activities to persons connected with the offices and their bona fide guests, and to persons attending a ’private or organised function’. This application is less of a concern, subject to sufficient reassurance being provided by the applicant as to the type/nature/frequency/capacity of such events, and that sufficient safeguards are in place regarding, for instance, dispersal.

8. There shall be no sales of alcohol for consumption off the premises after 23.00 Mon-Sat, 22.30 Sun.
9. 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 and businesses in the vicinity.
10. The number of persons accommodated at the premises (excluding staff) shall not exceed (tbc).
11. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises for consumption off the premises, except for premium beers and ciders supplied in glass bottles.

The objectors would also like to propose the following amendments to the conditions at p33 of the Report:

• Amend condition 9 to ‘The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the building as offices.’
• Amend condition 11 to replace 11(b) with ‘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.

I should be extremely grateful if you would distribute this to Members and the parties. I have copied in Alun Thomas.

Kind regards,

Richard

Richard Brown
Licensing Advice Project
Citizens Advice Westminster

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