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Agenda item

Bateaux London, Attached To Embankment Pier, Victoria Embankment, London, WC2N 6NU

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward/ Not in Cumulative Impact Area

Bateaux London

Attached To Embankment Pier

Victoria Embankment

London

WC2N 6NU

New Premises Licence

18/15141/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 24th January 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Jim Glen and Councillor Aziz Toki.

 

Legal Adviser:             Horatio Chance

Policy Officer:             Kerry Simpkin

Committee Officer:     Toby Howes

Presenting Officer:     Michelle Steward

 

Relevant Representations: Environmental Health and 1 local resident.

 

Present:  Chris Gaunt (Solicitor, representing the Applicant), Pierre-Louis Phelipot (Applicant Company), Sally Fabbricatore (Environmental Health) and Abid Warsi (Local Resident).

 

 

Bateaux London, Attached to Embankment Pier, Victoria Embankment, London, WC2N 6NU (“The Premises”)

18/13847/LIPN

 

1.

Late night refreshment

 

 

Monday to Thursday: 23:00 to 23:30

Friday and Saturday: 23:00 to 00:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Chris Gaunt (Solicitor, representing the Applicant) began by stating that the Applicant offered a range of services employing around some 35,000 people. One of the functions the organisation carried out was in hospitality, including operating boat cruises along the River Thames, which left from the pier that the Premises was located at. The Applicant intended to bring the pier into more regular use as a café that would be open to both boat cruise customers and the public. The food offer would be limited by the facilities on site and would include a charcuterie, pastries and other such products and it would not operate as a restaurant. The drinks list would include fine wines, spirits and bottled beer and there would be a waiter/waitress service. Discussions had taken place with the Police and Environmental Health about proposed conditions which had subsequently been agreed. The Sub-Committee noted that the Police had withdrawn their representation after agreeing conditions.

 

Mr Gaunt referred to the plans, including the hatched area and he confirmed an amendment to the application to confirm that the proposal to provide recorded music now only applied indoors as the outdoors element had been withdrawn and there would be no loudspeakers positioned outside of the Premises. It was submitted that the recorded music to be played inside the Premises, would normally be background music apart from when functions were taking place. Mr Gaunt explained that the Premises would operate like a conventional cafe earlier in the day, whilst as evening approached more customers would be consuming wine and other alcoholic drinks. Every effort had been made to ensure that the conditions proposed were clear and unambiguous.

 

Turning to the representations made, Mr Gaunt stated that the Premises was located in a busy location and he felt that the amendments to the original application and proposed conditions had addressed the concerns raised. Both Environmental Health and the Police had indicated that they were satisfied with the conditions related to addressing the potential issues regarding noise. The Sub-Committee was advised that with regard to dispersal, the boat cruisers picked up and dropped off customers at set times and the Applicant was experienced at managing this during these periods. In terms of the Premises, the capacity was 110 persons and as customers would leave at different times, this would lead to a gradual dispersal that would help keep noise and disturbance down and the Applicant would take steps to ensure a quiet dispersal so as not to cause a nuisance. In addition, Mr Gaunt commented that the main clientele frequenting the Premises were likely to be mature in nature. Mr Gaunt concluded his initial submission by stating that he did not feel that the application would add to, or cause, public nuisance and the hours proposed were modest and within core hours.

 

The Sub-Committee sought further information from the Applicant in relation to the likely number of private functions that would take place at the Premises and what was its connection with the boat cruisers. The Sub-Committee also asked what type of schedule the boat cruisers operated to, would a dispersal policy be considered for the Premises, would there be a stand-up bar and what would be the total number of seats.

 

In reply to the issued raised by the Sub-Committee, Pierre-Louis Phelipot a representative from the Applicant stated that it was not anticipated that private functions would be a primary part of the business and the Premises was restricted in any event as to what food it could provide because of the facilities available. He informed the Sub-Committee that the Applicant operated two boat cruisers which both ran to specific boarding times. Each boat had a capacity of 200 persons and a dispersal policy was also being considered for the Premises. Mr Phelipot confirmed that there would be 110 seats at the Premises.

 

Mr Gaunt added that in the evenings, the boats would leave the pier at 18:00hrs and return around 22:00hrs to 22:30hrs. The Applicant wanted to make use of the pier as a café whilst the boats were on the river, rather than the Premises remaining vacant for a number of hours each day. It was not envisaged that the café would be viewed by customers as an opportunity to have a main meal. Mr Gaunt felt that the Premises would not have issues in respect of people congregating in the area and mass dispersal was not envisaged, however if this did become a concern, then a dispersal policy would be considered and the situation would be kept under review with close consultation with the Responsible Authorities. Alcohol would be served by waiter/waitress service and most customers would be seated. Mr Gaunt confirmed that there was no intention to provide off sales of alcohol after 23:00hrs.

 

Sally Fabbricatore (Environmental Health) advised the Committee that she had undertaken a site visit with the District Surveyor. The capacity of 110 persons was an absolute maximum and not all furniture was present at the Premises when the visit was undertaken. Works were requiring completion which would mean there would be another site visit before the final determination of capacity. In respect of proposed condition 34, Ms Fabbricatore advised that requesting that substantial food be available be amended by removing the word ‘substantial’ in view of the limited facilities on the Premises. Ms Fabbricatore felt that her condition requesting the closing of doors and windows after 23:00hrs would prevent noise breakout from regulated entertainment activities and would hopefully alleviate the fears raised by residents.  The Sub-Committee noted that  residents were some distance from the Premises. She suggested that a condition requesting that all alcohol be served to customers by waiter/waitress service be considered by the Sub-Committee. Ms Fabbricatore concluded by stating that overall she was content with the application and the proposed conditions.

 

Abid Warsi (Local Resident) then addressed the Sub-Committee and confirmed  he had lived in the area for some 20 years and a child lived in his home and there were flats facing the Premises. He and residents were working with the City Council in helping to improve the area and reduce anti-social behaviour. Mr Warsi stated that there had been action taken recently to prevent increases in licensable activities, such as Gordon’s Wine Bar in nearby Villiers Street having its application turned down for an additional outside terrace. Mr Warsi expressed concern that as the café would also be open to the general public as well as customers of the boat cruisers, that this would mean the Premises could be busy for a number of hours each night and music emanating from the Premises  could disturb residents giving rise to nuisance. Concerns were also expressed that the Premises may not have sufficient noise insulation, whilst refuse collection from it may also make a lot of noise. Mr Warsi commented that although some residences were not especially close to the Premises, the distance noise could travel should not be underestimated and this should be noted by the Sub-Committee. He added that noise could also be heard from the boat cruisers and even from South Bank on the other side of the Thames. The Noise Team had also witnessed incidences of noise breakout when Gordon’s Wine Bar had experimented with acoustic sessions.  Mr Warsi stated that another potential source of noise may come from customers leaving the café at night, especially as most would walk up Villiers Street and this may attract more buskers to the area. Mr Warsi concluded his initial submission by commenting that he felt that the application would change the nature of the environment and block the river view. It would also generate more noise from DJs and live music performers.

 

The Sub-Committee sought clarification of Mr Warsi’s main concerns about the application and what were his views on conditions to address noise and vibration.

 

In reply, Mr Warsi stated that the way he envisaged the business developing, including live music, that it was bound to cause noise disturbance. He did not feel that conditions would sufficiently address noise breakout because of the glass structure of the building.

Ms Fabbricatore was invited to comment specifically on this point  and  advised the Sub-Committee that all entertainment would take place within the enclosed area of the Premises. She added that glass was not as effective as brick in containing noise, however a noise level test could be done when the works visit was undertaken. However, the proposals were within core hours and residents could contact the City Council if they were being disturbed by noise emanating from the Premises.

 

The Sub-Committee asked if the glass windows would be opened during the summer and what type of live music would be performed and would this include the musicians listed in the Applicant’s boat cruisers website. The Sub-Committee asked how many functions were likely to take place at the Premises. Clarification was also sought on whether the Applicant would agree to a model waste condition.

 

In reply, Mr Gaunt advised that windows would only be opened in the summer, providing there was no regulated entertainment taking place and he added that the entertainment that would take place would be appropriate to the nature of the Premises. Discussions would also take place with Environmental Health regarding setting appropriate decibel limits. Live music would not be loud and would involve international artists who were featured on the Applicant’s boat cruiser website. In relation to Mr Warsi’s points made about Gordon’s Wine Bar, Mr Gaunt stated this was much closer to Mr Warsi’s home than the Applicant’s. 

 

Mr Phelipot informed the Sub-Committee that the intention of the live music was to create an appropriate atmosphere in what was a small venue and would be similar in nature to that performed on the Applicant’s boat cruises. The noise of the live music would be appropriate so that customers could still talk to each other and hold a conversation. Mr Phelipot confirmed that he would be happy to agree to the model condition on waste collection. There was no specific number of functions planned at the Premises and these would also be constrained by the limited food offer.

 

Mr Warsi added that he had concerns about the use of the outside area of the Premises even when there was no music as he felt noise could carry from customer use of it, particularly when they were consuming alcohol and may be speaking more loudly. Open windows would also cause noise breakout and noise nuisance could be experienced at later hours, including during the week and Sundays.

 

Following Mr Warsi’s comments, the Sub-Committee asked what the outside capacity of the Premises was and did the Applicant think that queuing could be an issue.

 

In reply, Mr Gaunt felt that queuing would not be an issue as the boat cruisers had set embarking times and were ticketed, thus allowing the Applicant to plan ahead. He suggested that the outside capacity was likely be no more than 20 persons and this could be limited later on in the evening, with the Applicant monitoring the situation.

 

Ms Fabbricatore concurred that the outside area’s capacity could be limited at certain times and as the area was quite small it would regulate itself to a certain extent.

 

The Sub-Committee granted the application with additional conditions, including model condition 16 stating that there will be no sales of alcohol for consumption off the premises after 23:00, following Mr Gaunt confirming on behalf of the Applicant at the hearing that there were no proposals for this particular activity after that time. Model condition 35 stating that there shall be no waste, including bottles, shall be moved, removed from or placed in outside areas between 23:00 to 08:00 in order to address the concerns raised on this matter by Mr Warsi and Mr Phelipot subsequently indicating that he had no objection to such a condition being added. Four conditions listed as conditions 47, 48, 49 and 50 below were also added following the Applicant agreeing to these as requested by the Police.

 

In determining the application, the Sub-Committee noted that the proposed hours for licensable activities were within core hours and the Premises was not located in a cumulative impact area so each case must therefore be considered on its individual merits. The Sub-Committee considered the views residents had made in relation to the application but felt on balance that the conditions it had imposed on the Premises Licence would alleviate those concerns and the assurances the Applicant gave to the Sub-Committee in terms of its management arrangements overall for the Premises. In addition, the Sub-Committee considered that the conditions it imposed on the Premises Licence were appropriate and proportionate  that would help assist the Applicant in upholding the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and accordingly the application was granted.

 

2.

Films: Indoors

 

 

Monday to Thursday: 10:00 to 23:30

Friday and Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

 

 

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 (see reasons for decision in Section 1).

 

3.

Live music: Indoors

 

 

Monday to Thursday: 10:00 to 23:30

Friday and Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

 

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 (see reasons for decision in Section 1).

 

4.

Recorded music: Indoors and outdoors

 

 

Monday to Thursday: 10:00 to 23:30

Friday and Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

 

 

Amendments to application advised at hearing:

 

Recorded music to be provided indoors only.

 

 

 

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

 

5.

Performance of dance: Indoors

 

 

Monday to Thursday: 10:00 to 23:30

Friday and Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

 

 

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 (see reasons for decision in Section 1).

 

6.

Sale by retail of alcohol: On and off sales

 

 

Monday to Thursday: 10:00 to 23:30

Friday and Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

 

 

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 (see reasons for decision in Section 1).

 

7.

Hours premises are open to the public

 

 

Monday to Thursday: 08:00 to 00:00

Friday and Saturday: 08:00 to 00:30

Sunday: 08:00 to 23:00

 

 

 

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 (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 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.

 


Additional Conditions imposed by the Sub-Committee

 

9.            The use of door staff will be risk assessed on an ongoing basis by the licence holder of premises supervisor. Where engaged, door staff shall be licensed by the Security Industry Authority.

 

10.          Staff will receive training on matters concerning underage sales, drugs policies and operating procedures.

 

11.          There shall be a zero tolerance policy in relation to drugs at the premises and there shall be regular checks by management to prevent the use of drugs by patrons. Drugs seized shall be stored securely and handed to the police.

 

12.          The management of the premises will liaise with police on issues of local concern or disorder.

 

13.          The premises shall install and maintain a comprehensive CCTV system as per minimum requirements of the Westminster Police Licensing Team.  All entry and exit points will be covered enabling facial identification of every person entering in any light condition.  The CCTV system shall be continually record when the premises is open for licensable activities and 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 request of Police or authorised officer throughout the preceding 31 day period.  

 

14.          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 are open.  The 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.

 

15.          There shall be no drinks promotions at the premises which are inconsistent with the need to promote responsible drinking.

 

16.          To comply with the reasonable requirements of the fire officer from time to time.

 

17.          The premises will have adequate safety and firefighting equipment and such equipment will be maintained in good operational order.

 

18.          Staff will be trained on matters of safety, evacuation and use of emergency equipment as required.

 

19.          Spillages and breakages will be removed as soon as possible to reduce the risk to patrons and staff.

 

20.          Toughened glasses will be used in the premises where appropriate.

 

21.          Fire Exits and means of escape shall be kept clear and in good operational condition.

 

22.          Where appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.

 

23.          Patrons will be encouraged by staff to leave quietly and respect the interests of the occupiers of any nearby noise sensitive premises. Where appropriate the licensee or a suitable staff member will monitor patrons leaving at the closing time.

 

24.          Contact numbers for local taxi firm(s) shall be kept at the premises and made available to patrons requiring a taxi. 

 

25.          No films or videos of any description will be shown so that they can be viewed by persons under the age of any applicable BBFC/Local Authority certification.

 

26.          Children under the age of 16 shall not be permitted to enter the premises after 21:00 unless dining with an adult or attending a pre booked function or embarking on a vessel.

 

27.          There shall be adequate controls in place including staff training to safeguard against the sale of alcohol to persons under 18 years.

 

28.          The premises supervisor or appointed staff member shall ensure that when children are admitted to the premises their presence is not inconsistent with the style of operation of the premises at that time and the licensable activities that are being carried out.

 

29.          Policies in relation to children shall be adequately communicated to patrons by staff or through appropriate signage.

 

32.       No licensable activities shall take place at the premises until the capacity 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.

 

33.       The number of persons permitted at any one time (excluding staff) on the deck shall not exceed 110 persons.

 

34.       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.

 

35.       A 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 the PASS Hologram.

 

36.       There shall be no sales of hot food or hot drink for consumption off the premises after 23:00 Monday to Saturday.

 

37.       There shall be no sales of alcohol for consumption off the premises after 23:00

 

38.       All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

39.       A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.

 

40.       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.

 

40.       Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

41.       There shall be no regulated entertainment in the outside areas.

 

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

 

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

 

44.       All windows and external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

45.       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.

 

46.       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.

 

47.          SIA security staff shall wear yellow hi viz tops when operating in external areas of the premises.

 

48.          Staff shall receive training in conflict management techniques. A signed record shall be kept and made available to the Responsible Authorities upon request.

 

49.         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, save for those patrons within the defined external area hatched red on the approved licensing plans.

 

50.         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, searching equipment or scanning equipment.

(f)    any refusal of the sale of alcohol

(g)   any visit by a relevant authority or emergency service.

 

 

 

 

Supporting documents: