Agenda item
6th Floor Restaurant and Terrace, 7-8 St Martin's Place, London, WC2N 4HA
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
St James’s Ward / not in a cumulative impact area |
6th Floor Restaurant and Terrace, 7-8 St Martin's Place, London, WC2N 4HA |
New Premises Licence |
18/15489/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 of St Martin in the Fields
Present: Mr Stephen Walsh QC (representing the Applicant), Mr Alun Thomas (Solicitor, representing the Applicant), Ms Lisa Inzani (Solicitor, representing the Applicant), Mr Sergey Men (Applicant), 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)
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6th Floor Restaurant and Terrace, 7-8 St Martin’s Place, London, WC2N 4HA (“The Premises”) 18/15489/LIPN
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1. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Sunday: 08:00 to 01:00
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.
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Amendments to application advised at hearing:
The applicant advised that the provision of off sales be withdrawn from the application except to hotel residents.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Amaberry Ltd (“The Applicant”) for a new premises licence in respect of 6th Floor Restaurant and Terrace, 7-8 St Martin’s Place, London, WC2N 4HA.
The Licensing Officer introduced the application and confirmed that the Police had withdrawn their representation following the agreement of conditions with the applicant.
Mr Walsh, representing the applicant, explained that the application was for a bar and restaurant located on the 6th floor of the hotel. The operator, Mr Sergey Men, was a very experienced and renowned sushi chef who had developed other successful restaurants with an emphasis on seafood. Mr Walsh detailed the Premises plans to the Sub-Committee and highlighted where the external west and south terraces were located in addition to the hatched areas designating where the restaurant and bar were situated. Concerns expressed by local residents had been considered and the application had subsequently been amended accordingly. The Sub-Committee was advised that the proposed restaurant and bar were appropriate for a hotel of this quality and would provide a high level of service to hotel residents and members of the public.
Mr Walsh recognised that the use of the west and south terraces was of major concern to the residents and that as such a compromise had tried to be reached. The Sub-Committee was informed that planning permission had been granted for the use of the terraces subject to them being restricted after 23:30. The original licensing application wanted to utilise the west terrace until 00:00 but following consideration of the concerns the proposal had now been scaled back to 23:30 in line with the planning permission. It was also proposed to limit the terminal hour for the supply of alcohol on the west terrace to 23:00. Concerning the south terrace, this would be conditioned so that customers were prevented from taking food and drink on to it after 23:30. After this time, a maximum of 10 people would be permitted to use the terrace for smoking only. It was confirmed that both terraces would be supervised.
In terms of the bar and restaurant areas Mr Walsh explained that it was proposed to permit the sale of alcohol there until 01:00. It was not considered that this was an excessively late terminal hour because of its location, the fact it was not situated within a Cumulative Impact Area (CIA) and due to the style of operation. The anticipated capacity was 180 customers plus an overall combined maximum of 40 permitted on both terrace areas. There would be a maximum of 50 covers within the hatched area which would clearly operate as a restaurant. Concern had been expressed that vertical drinking would be permitted within the restaurant and it was stated that this had been requested to allow the venue to hold functions. There would not be significant vertical drinking taking place at the Premises and this would be reinforced through a proposed condition requiring the supply of alcohol in the hatched area after 20:00 to be a person seated taking a table meal only except for hotel residents and their guests or those attending a private function. It was considered that this condition would provide the appropriate protection whilst also allowing the area to have the necessary flexibility to hold private functions.
Mr Walsh confirmed that it had been suggested that each hotel resident be limited to four bona fide guests each and the applicant was willing to accept this proposal. A proposal to withdraw the provision of off sales except to hotel residents was also accepted. The suggestion though that there should be a no entry/re-entry condition after 23:30 was not considered appropriate however as this was more appropriate for a nightclub operation and not the function of a hotel.
In terms of the Council’s Statement of Licensing Policy Mr Walsh advised that hotels were considered to have less impact on a local area than other operations providing alcohol. Other nearby licenced premises operated until 02:30 Monday to Saturday including the Crypt Café operated by St Martins-in-the-Fields that had a licence until 03:00. Music and dance was permitted on the licence with no restaurant conditions attached. This Premises was operated with respect, operated responsibly and effectively and this was what the application before the Sub-Committee was also seeking to a lesser hour of 01:00.
Mr Watson, representing Environmental Health, acknowledged that the main concerns raised related to the use of the terraces and their close proximity to residential properties. It was suggested that these terraces were slightly set back however which would limit their impact on residents’ privacy. With regards to the proposed hours a 01:00 terminal hour for licensable activities was considered appropriate. A proposed condition was also welcomed requiring members of the public to be seated taking a table meal when purchasing any alcohol in the hatched area after 20:00. Allowing smokers to use the south terrace later in the evening was considered difficult to assess as it was unknown what potential noise would occur from this activity. The applicant had advised that the capacity of the Premises was 220 but this would be fully assessed when the fire safety assessment took place. The proposed combined capacity of 40 people on both terraces was also deemed to be acceptable. Any potential noise emanating from the terraces would be restricted through the condition prohibiting any regulated entertainment taking place on them and also restricting the supply of alcohol in these areas after 23:00.
Mr Brown, from the Citizens Advice Bureau Licensing Advice Project, highlighted how the Council’s hotel policy was clearly relevant for this application as it raised concerns that hotel bars easily accessible from the street had the potential to create similar problems as other licenced premises in a CIA. A query was raised if this bar was easily accessible from the street and if it was, it was suggested a condition be considered requiring a member of staff to supervise the ground floor lift area to the bar. It was accepted that other premises in the locality had late licences but the reality was they often only opened until 23:30 or rarely operated them. The application before the Sub-Committee had received planning permission for a rooftop restaurant but important issues concerning the external terraces and the circumstances surrounding the sale of alcohol remained. It was also queried why regulated entertainment had been applied for and why this was relevant to its operation as a hotel restaurant.
Ms Hargreaves, the Executive Director for St Martin-in-the-Fields Ltd, acknowledged that the Crypt premises located nearby was operated by St Martins-in-the-Fields and was in receipt of a licence permitting it to operate until 03:00. This licence was only operated approximately 12 times per year however with a normal terminal hour of 02:00, all licensable activities took place in the basement area and two SIA staff were on duty during the events to help with dispersal. The Sub-Committee was advised that these events were very different from the proposed operation at the hotel. Ms Hargreaves explained that the residents’ main concern related to the west terrace area. Ms Hargreaves displayed to the Sub-Committee the close proximity of the terrace to the bedroom windows of adjoining residential properties. The application was seeking to allow customers to drink alcohol on the terrace until 23:00 potentially causing significant disturbance to residents. It was suggested a reasonable compromise would be to restrict the use of this area to 21:00. With regards to the south terrace, permitting it to be allowed as a smoking area raised concerns over privacy and also the potential for noise disturbance. It was therefore proposed that all customers using the terraces be required to be seated.
Ms Hargreaves raised additional concerns relating to how people accessed the Premises through the lifts and whether they would be supervised. In addition, a question was asked as to how the Premises would be managed, whether customers would be greeted when they exited the lifts and shown to a table. The acoustic treatment undertaken on the top floor was welcomed but restrictions on the opening of doors on the west terrace was requested to limit any potential noise escape. It was also suggested that permitting customers to use the terraces from 08:00 was too early and this should be restricted to 09:00. A further concern over dispersal was expressed and it was suggested a condition requiring an SIA staff member to be on duty on the ground and 6th floors would help with this issue.
Revd Carter, a local resident, confirmed that the operation of the restaurant was not a cause for concern; however, the concern about the use of the west terrace was due to the potential noise disturbance it could create. The suggestion that an SIA staff member be on duty on the ground floor to help with dispersal was welcomed.
Mr Brown addressed several of the following proposed conditions and also suggested several additional conditions:
In response Mr Walsh clarified, that there would be three lifts on the ground floor of the hotel. The third lift provided direct access to the Premises to members of the public and would be accessible via a separate doorway where a member of staff would be in attendance on the ground floor to assist them. The customers would then be greeted by another member of staff upon their arrival on the 6th floor. With regards to the proximity of the west terrace to residential properties Mr Walsh suggested that a compromise could be found to reassure residents. The use of the terraces was permitted through the planning permission granted but barriers could potentially be erected to provide more privacy and no music provision would be provided to limit any potential disturbance. Discussions with residents over the location of the tables and chairs on the west terrace would continue to ensure a suitable outcome for all parties could be achieved. To provide further reassurance Mr Walsh also proposed that to address concerns over customers entering and exiting on the west terrace one of the doors located on it could be used for emergency access/egress or servicing only.
After careful consideration, the Sub-Committee agreed to grant the application subject to amendments. One of the key issues related to the plans for the Premises and ensuring it was clear to all parties which of the areas were designated as the restaurant, which was the bar area and which were the terraces, as different provisions would apply to each. It was therefore requested that the applicant submit a revised plan showing the bar as the crosshatched area, the restaurant as the hatched area and the terraces not hatched.
The close proximity of the west terrace to residential properties was regarded as a major concern, particularly as these were family dwellings. Their use had the potential to negatively impact on residents’ privacy and also create disturbance through any noise generated. To provide the appropriate protection to residents, conditions would be placed on the licence confirming that the maximum combined capacity for both terraces would be 40 customers. Customers would also be prevented from using the west terrace after 23:30 with the consumption of alcohol in this area ceasing by 21:00 daily. The number of persons permitted on the south terrace to smoke after 23:30 would not be permitted to exceed 10 with the consumption of alcohol in this area ceasing by 23:00. Further restrictions would also be imposed requiring the northern door of the west terrace to be closed and used for emergency or servicing purposes only. All windows and doors on the west terrace would also be required to be closed after 21:00 when a DJ was playing. The Sub-Committee felt that these conditions were appropriate for the terrace areas and would ensure that any potential noise disturbance to residents living in close proximity would be appropriately limited.
The Sub-Committee was also aware of the concerns raised by residents regarding dispersal, particularly later in the evening. As such it was considered appropriate to add a condition on the licence requiring an SIA door supervisor to be in attendance on the ground floor from Monday to Saturday from 23:00 until 30 minutes after all customers had left the Premises to ensure dispersal was carried out in an orderly manner which did not create a nuisance to residents. A requirement would also be imposed that patrons who were not hotel residents had to leave the Premises by 01:00 each day. In terms of the restaurant, the Sub-Committee was keen to ensure it could not become a drink-led establishment whilst providing the applicant with the flexibility to hold private functions in the space. It was therefore considered appropriate to impose a condition requiring the supply of alcohol in the hatched area to be to a person talking a table meal only save for hotel residents and their bona fide guests and attendees of private, pre-booked events. The proposed reduction in the hours for licensable activities to 01:00 was also welcomed by the Sub-Committee and would help lessen the application’s impact on residents.
The Sub-Committee acknowledged the concerns raised by local residents, particularly with regard to use of the external terrace areas.Having taken into account all the evidence however the Sub-Committee was satisfied that the application was suitable for the local area and, subject to the amendments, addressed the concerns raised. The applicant had demonstrated that the application was appropriate for the local area and the conditions proposed would ensure the promotion of the licensing objectives.
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2. |
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.
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Amendments to application advised at hearing:
The Sub-Committee was informed that the closing hours had been amended to 08:00 to 01:00 Monday to Sunday.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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3. |
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.
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Amendments to application advised at hearing:
The Sub-Committee was informed that the provision of late night refreshment had been amended to between 23:00 and 01:00 Monday to Sunday.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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4. |
Live and Recorded Music - Indoors
Monday to Sunday: 23:00 to 01:30
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Amendments to application advised at hearing:
The Sub-Committee was informed that the provision for live and recorded music had been amended to between 23:00 to 01:00 Monday to Sunday.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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Conditions attached to the Licence |
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Mandatory Conditions
1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.
2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.
3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either— (a) a holographic mark, or (b) an ultraviolet feature.
7. The responsible person must ensure that— (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures— (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
8(ii) For the purposes of the condition set out in paragraph 8(i) above -
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) "permitted price" is the price found by applying the formula -
P = D+(DxV)
Where -
(i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax. (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
Conditions Consistent with the Operating Schedule
9. Licensable activities authorised under this licence shall remain ancillary to the main use of the building as a hotel. 10.The supply of alcohol in the hatched area at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal save for hotel residents and their bona fide guest or persons attending a pre-booked private function. Notwithstanding this condition: (i) customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal, and (ii) alcohol may be sold, supplied and consumed in the bar area [shown as cross hatched] on the plan to a maximum capacity to be determined by the Environmental Health Consultation Team (at which point this condition shall be replaced by the licensing authority with the capacity so determined). 11. A minimum of 50 covers shall be provided internally at all times the premises are providing licensable activities.
17. There shall be no sales of alcohol for consumption off the premises except to residents of the hotel located within the building as part of room service.
18. 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.
19. 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.
20. 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.
21. 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.
22. No licensable activities shall take at the premises until the capacity of the premises 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. In any event such capacity shall not exceed 220 persons (excluding staff).
23.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.
24. 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.
26.No regulated entertainment shall be provided on the 6th floor external terraces.
27. All doors and windows on the 6th floor west terrace shall be kept closed after 21:00 and at anytime when the DJ is playing, except for immediate access and egress.
28. Customers shall not be permitted on the West Terrace after 23:30 hours.
29. The number of persons (excluding staff) on the South Terrace shall not exceed 10 at any time after 23:30.
30.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.
31.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.
32.All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
33. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
34.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.
35. 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.
36. 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.
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Supporting documents:
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