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Agenda item

Phase 8, 7-8 St Martin's Place, London, WC2N 4HA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

St James’s Ward /

not in a cumulative impact area

Phase 8, 7-8 St Martin's Place, London, WC2N 4HA

New Premises Licence

18/15435/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 14th February 2019

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Jim Glen and Councillor Aziz Toki

 

Legal Adviser:         Barry Panto

Policy Adviser:         Kerry Simpkin

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Environmental Health and residents St Martin-in the Fields

 

Present: Mr Stephen Walsh QC (representing the Applicant), Ms Lisa Inzani (Solicitor, representing the Applicant), Mr Philip Chan (Applicant), Mr Matthew Moffatt (Proposed DPS and General Manager), Mr Ian Watson (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing St Martins-in-the-Fields) and Ms Allyson Hargreaves and Revd Richard Carter (St Martins in-the-Fields)

 

Page 8, 7-8 St Martin’s Place, London, WC2N 4HA (“The Premises”)

18/15435/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 10:00 to 22:30

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

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 Best Effort Ventures Ltd (“The Applicant”) for a new premises licence in respect of Page 8, 7-8 St Martin’s Place, London, WC2N 4HA.

 

The Licensing Officer introduced the application.

 

 

 

Mr Walsh, representing the applicant, explained that the application before the Sub-Committee was for a new premises licence for a hotel that had been granted planning permission in 2016. The hotel was situated over four floors and consisted of 138 bedrooms. The applicant had invested £90 million in renovating the building and had recruited a DPS who had significant experience in managing for major hotel chains. It was proposed that the hotel would open in September 2019. Mr Walsh showed detailed plans to the Sub-Committee including the proposals for the ground floor area. This ground floor would only have a very limited licensable area in order for a small café to operate which would predominantly sell tea and coffee. It was proposed that alcohol would also be available, however there would be no sales of draught beers and it would not be a destination bar.

 

To provide reassurance a condition was proposed requiring all sales of alcohol to be ancillary to the main use of the Premises as a hotel. The original application had sought to permit late night refreshment to 01:30 hours but, following discussions with stakeholders, it was now proposed to amend this to core hours. The main entrance to the Premises would be through the west of the building, the bar area would be staffed at all times with the close proximity of the reception area also providing a high degree of supervision. Customers could order a drink at the bar and then sit in the foyer to consume it or if they were hotel residents take it to their room. Mr Walsh advised the Sub-Committee that discussions had taken place with the Licensing Authority who were satisfied with the security arrangements in place on the ground floor due to the nature of the operation and the direct supervision from the reception area.

 

Mr Walsh explained that currently no external seating on the ground floor had been applied for but it was proposed to add a condition to the licence requiring any outside tables and chairs in this outside area to be rendered unusable by 23:00 hours. Mr Walsh advised that Environmental Health (EH) had suggested this condition to future proof the licence in anticipation of a future table and chairs licence application. The proposed conditions would require the supply of alcohol in this external area to be customers seated and served by waiter/waitress service only. In addition, it was highlighted that the application was seeking to licence the first, second, third and fourth floors of the Premises as it was proposed for hotel residents to have access to mini-bars in their rooms. Late night refreshment and the showing of pre-recorded films had also been applied for on these floors to allow hotel residents to order hot drinks to their rooms and watch films.

 

Mr Watson, representing Environmental Health, confirmed that he had been involved with the Premises at the pre-application stage. It was confirmed that the amendment to the application restricting the ground floor area permitting late night refreshment to core hours was considered appropriate. With regards to the external area the Sub-Committee was informed that the previous Premises that operated from the site did have a tables and chairs licence. Mr Watson explained that barriers had surrounded this area from the public highway with all furniture rendered unusable after 21:00 hours. Mr Watson also noted that it was proposed for any supply of alcohol in this area would have to be by waiter/waitress service. In terms of customers using the ground floor café it was not normally considered appropriate to impose a capacity on foyer areas at hotels, as it would be very difficult to manage. Instead, the capacity would usually be managed through the fire risk assessment that would be undertaken. As live music had been applied for, the Sub-Committee was advised that often a sound limiter condition would be attached to the licence to prevent any disturbance to local residents. Mr Walsh advised the Sub-Committee that the hotel did not intend to provide any live music and as such, this aspect of the application would be withdrawn.

 

In response to a question from the Council’s Legal Adviser Mr Walsh confirmed that it was proposed for the sale of alcohol on the ground floor to be to core hours except on Sunday mornings when it would commence at 10:00 hours.

 

Mr Brown, from the Citizens Advice Bureau Licensing Advice Project, explained that the residents who lived next door to the application site were the clergy of St Martins in-the Fields. This building had been in residence for nearly 200 years, which highlighted the clear imprint of residential use. The residents broadly supported the development and accepted that licensable activities would take place from the Premises. However, it was their desire that a solution be found that worked for all parties. Ms Hargreaves had submitted a paper detailing the residents’ concerns that included the various challenges facing the area, which informed some of the residents’ views. The residents had met with the applicant and constructive discussions had been held. Their main concerns remained however regarding the close proximity of the Premises to residential accommodation and the use of the ground floor external area.

 

Ms Hargreaves, an Executive Director for St Martin-in-the-Fields Ltd, confirmed that the residential building situated next to the Premises had accommodated clergy since it was built. Three families were currently resident at the property and it was not anticipated that this family use would cease in the future. The Connection also operated out of St Martins-in-the-Fields, which provided a day centre for approximately 200 people per day and a night centre, which had provision for 75 homeless people to stay overnight. These people would be situated between the basement and first floor. In terms of the application, licencing the hotel rooms was not considered an issue. Concerns had been raised over the provision of live and recorded music in the ground floor area but this had been addressed following the applicant’s confirmation that this aspect of the application had been withdrawn. Regarding the use of tables and chairs in the external ground floor area, it was considered permitting this until 23:00 was not appropriate and should be restricted to 21:00. This was a significant extension to what had previously been permitted and it would have the potential to impact on the amenity of local residents. There would also be increased noise levels through hotel residents arriving and leaving the hotel however, the hotel would be expected to manage this appropriately and be a good neighbour to residents. Finally, if hotel residents and their guests would be permitted to drink alcohol until late in the evening on ground floor it was requested that sales of alcohol take place only to those customers who were seated and with the supply of alcohol by waiter/waitress service.

 

Revd Richard Carter, a local resident, explained that he was happy with the development but did have concerns over the use of the outside areas and their close proximity to residential accommodation. He pointed out a balcony on a photograph which was a bedroom directly overlooking the area. Revd Carter supported Ms Hargreaves suggestion that any tables and chairs in the ground floor external area be rendered unusable after 21:00 hours.

 

Mr Brown highlighted to the Sub-Committee the following concerns raised by local residents and measures that could be taken to address them:

 

  • The dispersal of public into the surrounding area from the Premises was of particular concern, particularly later in the evening, as it had the potential to create a public nuisance. It was therefore suggested that the supply of alcohol on floors 1, 2, 3 and 4 be unrestricted, as proposed, but only to hotel residents and the maximum of four bona fide guests per hotel resident.

 

  • It was understood that the applicant had no current intention to operate on the ground floor external area and therefore it was suggested that the proposed conditions relating to this area be withdrawn from the application. If the applicant wanted to use this area in the future, an application would have to be submitted. This was felt to be appropriate in the circumstances as the Sub-Committee was advised that the application before it did not specify the location of the outside area. Under the planning permission granted the terminal hour for the use of this area had been restricted to 21:00 and it was suggested this be replicated. It was accepted that the previous operators had used this area but it had been restricted to 21:00 and no late night refreshment or alcohol was provided.

 

  • Concern over off sales of alcohol had been expressed. It was recognised that the Premises was unlikely to sell cheap alcohol to be consumed on the street however a condition could be added to the licence to ensure this was the case.

 

  • A condition regarding smokers was proposed, however it was unknown where these smokers would go and concern was expressed that it could be close to residential properties.

 

  • Proposed conditions regarding unrestricted supply of alcohol and late night refreshment to hotel residents and their bona fide guests was not opposed but it was requested that the ground floor area be excluded from the condition.

 

  • Additional conditions were proposed suggesting that the supply of alcohol on the ground floor should be to a person seated at a table only, supplied by waiter/waitress service only and a requirement for all windows and doors to be kept closed after 21:00 hours.

 

 

 

Mr Walsh explained that the applicant desired to be a good neighbour and, to provide reassurance to local residents, he agreed that the ground floor external seating area could be restricted to a terminal hour of 21:00 hours. Clarification was provided on the use of the tables and chairs in this area, which was that the supply of alcohol would be considered an off sale and the use of the area would be determined by a table and chairs licence. It was confirmed that the supply of alcohol would be by waiter/waitress service only. It was not considered that waiter/waitress service of alcohol for the ground floor café was appropriate due to the nature of its location in the hotel foyer. The café was of a relaxed nature and would be supervised by staff from both the bar area and the reception. The Sub-Committee was advised that the Police thought this level of supervision was appropriate and manageable. In terms of smokers this issue had been discussed with EH and it was anticipated that an area would be used located away from residential properties.

 

Mr Watson provided an overview of the extent of the external ground floor area and how it could be used for tables and chairs. An emergency exit was located between the Premises and the neighbouring residential properties therefore ensuring that they were not located directly next door to each other.

 

After careful consideration, the Sub-Committee agreed to grant the application subject to several amendments. Concerns raised over potential public nuisance had been partly addressed through the withdrawal of the provision for live/recorded music and the scaling back of hours for licensable activities on the ground floor for members of the public to core hours. This did not include Sundays where the sale and supply of alcohol on the ground floor would be permitted from 10:00 hours. The Sub-Committee considered these hours acceptable due to its small capacity and that the nature of the operation would mean it would not become a drink-led establishment. Waiter/waitress service on the ground floor was not imposed due to the high level of staff supervision in the area from both the bar and reception. To provide further protection however the Sub-Committee requested an updated Premises plan be submitted highlighting where exactly licensable activities would be permitted in this area. Due to the hotel nature of the Premises, permitting the unrestricted supply of alcohol and late night refreshment on floors 1, 2, 3 and 4 to hotel residents and their bona fide guests was considered appropriate. To ensure there were no problems with dispersal into the local area however, the number of bona fide guests permitted per hotel resident would be restricted to four. Further reassurance was provided by the condition requiring all licensable activities to be ancillary to the premises operating as a hotel.

 

The Sub-Committee acknowledged the concerns raised by local residents, particularly with regard to use of the external ground floor area. It was acknowledged that the applicant had no current intentions to use this area but if a future application was made the Sub-Committee noted the applicant’s agreement for it to be conditioned so that its use would only be permitted until 21:00 hours. The supply of alcohol in this area would only be by waiter/waitress service and as such, the Sub-Committee considered that this offered the residents suitable protection and promoted the licensing objectives.

 

Having taken into account all the evidence (with consideration being given to the representations received from local residents), the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised.  The applicant had demonstrated that the application was appropriate and the conditions proposed would ensure the promotion of the licensing objectives.

 

2.

Sale by Retail of Alcohol (Hotel Residents and their Bona Fide Guests) –

On and Off Sales

 

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).

 

3.

Exhibition of a Film – Indoors (Hotel Bedrooms Only)

 

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).

 

4.

Live and Recorded Music - Indoors

 

Monday to Sunday: 23:00 to 01:30

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was informed by the applicant that this aspect of the application had been withdrawn.

 

5.

Late Night Refreshment - Indoors

 

Monday to Sunday: 23:00 to 01:30

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Day the terminal hour shall be extended to 5am on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was informed by the applicant that the hours for late night refreshment had been amended to the following:

 

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

Sunday: Not applicable

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

6.

Late Night Refreshment: Hotel Residents and their Bona Fide Guests - Indoors

 

Monday to Sunday: 23:00 to 05:00

 

 

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).

 

7.

Hours Premises are Open to the Public

 

Monday to Sunday: 08:00 to 01:30

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s 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 to the following amended hours:

 

Monday to Thursday: 08:00 to 00:00

Friday to Saturday: 08:00 to 00:30

Sunday: 08:00 to 23:00

 

8.

Hours Premises are Open to Hotel residents and up to Four Bona Fide Guests per Resident

 

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 sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

8(iv).     (1)    Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2)      The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 


Conditions Consistent with the Operating Schedule

 

9.              Licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a hotel.

 

10.           Substantial 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.

11.           ‘Off’ sales of alcohol shall only be to persons seated in any outside area appropriately authorised for the use of tables and chairs on the highway by waiter or waitress service.

 

12.           There shall be no sales of alcohol for consumption ‘Off’ the premises after 21.00 hours.

 

13.           There shall be no sales of draught beer, cider or lager from the ground floor café.

 

14.           There shall be no self-service of alcohol from the ground floor café.

 

15.           All ground floor external seating shall be removed or rendered unusable after 21.00 hours.

 

16.           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.

 

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 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.

 

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. 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.

 

19.           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.

 

20.           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.

 

21.           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.

 

22.           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.

 

23.           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.

 

24.           All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

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

 

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

 

27.           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.

 

28.           Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

29.           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.

 

30.           The sale of alcohol for consumption in hotel bedrooms by hotel residents and up to four of their bona fide guests is permitted for 24 hours.

 

31.           The provision of hot food and drink for consumption in hotel bedrooms shall be permitted for 24 hours for hotel residents and up to four of their bona fide guests.

 

32.          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.

 

33.          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.

 

34.           Licensable activities on the ground floor shall be restricted to the lobby area edged in red.

 

35.          No licensable activities shall take place in the basement of the premises.

 

36.          The exhibition of films is restricted to hotel bedrooms only.

 

 

Supporting documents: