Agenda item
Odeon Cinema, 24 - 27 Leicester Square, London, WC2H 7LE
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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1. |
St James’s Ward/ West End Cumulative Impact Area |
Odeon Cinema 24 - 27 Leicester Square London WC2H 7LE |
Premises Licence Variation |
19/05567/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 11th July 2019
Membership: Councillor Heather Acton (Chairman), Councillor Jim Glen and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Aaron Hardy
Committee Officer: Tristan Fieldsend
Presenting Officer: Michelle Steward
Relevant Representations: The Licensing Authority (objecting) and the Heart of London Business Alliance (supporting)
Present: Ms Suzanne Davies (Solicitor, representing the Applicant), Ms Tessa Street (Manager, representing the applicant company) and Ms Karyn Abbot and Miss Daisy Gadd (Licensing Authority)
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Odeon Cinema, 24-27 Leicester Square, London, WC2H 7LE (“The Premises”) 19/05567/LIPV
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Sale by Retail of Alcohol
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Amendments to application advised at hearing:
The applicant advised the Sub-Committee that the hours for the provision of off sales of alcohol would be reduced to between 10:00 and 22:00 hours.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Odeon Cinemas Ltd for a variation of a premises licence in respect of Odeon Cinema, 24-27 Leicester Square, London, WC2H 7LE.
Ms Davies, representing the applicant, explained that the application before the Sub-Committee was seeking to allow the consumption of alcohol in a designated external area situated at the front of the Premises. The Sub-Committee was advised that planning permission had been granted for the use of this external area for tables and chairs. It was already in operation and currently was used to provide food and non-intoxicating beverages to customers sat outside. It was advised that whilst this area had been utilised no concerns over its operation had been raised. The cinema had reopened in December 2018 following an extensive refurbishment which had updated the venue and also significantly reduced its capacity. This reduction had resulted in approximately 1000 less customers being present at the cinema at its terminal hour. What the application was seeking was simply to allow customers to drink alcohol in an external area, like other premises in close proximity were already permitted to do.
The Sub-Committee was informed by Ms Davies that the application would also help facilitate the customer service operation at the Premises. Currently, resources were having to be used to ensure customers did not take alcohol outside, therefore permitting the application would ensure these resources could be utilised elsewhere. It was confirmed that anyone consuming alcohol in the external area would have to purchase a ticket for the cinema beforehand. The hours when alcohol could be supplied in this area had also been reduced to within core hours following discussions with the Police and Environmental Health (EH). All external furniture would be taken inside the cinema after 22:00 hours. A condition had also been agreed with the Police whereby no glass vessels would be permitted to be used in the external area; reusable plastic vessels would be used instead. In terms of the staffing arrangements in place for the external area the Sub-Committee was advised that this would be significant. Staff were currently trained to monitor the area, remove litter and carry out general clearing up duties. A waiter/waitress service was also in operation and this all ensured there was an extensive level of staffing in place. A further level of supervision was provided by ‘Experience Directors’ who patrolled the entrance to the venue. They wore very distinctive clothing and their role was to patrol this area whilst providing a personal service to customers.
Ms Davies then highlighted additional elements to the application. This included a CCTV provision, a requirement for guests to be seated in the external area to prevent any vertical drinking and the availability of a food provision. The Sub-Committee was also informed that the Odeon was already a member of the Best Bar None scheme. Following the refurbishment of the cinema it was advised that no issues regarding the current provision of alcohol permitted inside the Premises had arisen. The Police had no concerns over the application and following the agreement of conditions they had withdrawn their representation. In conclusion, the Sub-Committee was informed that there would be high levels of staffing in place with the provision of alcohol being ancillary to the Premises operating as a cinema. Guests had to purchase a ticket to the cinema before they could be served alcohol and the Police and EH had withdrawn their representations following the agreement of conditions with the applicant.
Following questions from the Sub-Committee the applicant confirmed that the external area would be bordered by a mixture of barriers and planters. It was acknowledged that the boundary of the external area would be permeable, however high levels of staff supervision would ensure that only customers of the Premises could use the area.
Ms Abbot, representing the Licensing Authority, confirmed that their representation was maintained as the Premises was situated within a Cumulative Impact Area (CIA). It was recognised that the applicant had reduced the hours for off sales to within core hours and a waiter/waitress service would be in operation. It was also noted that conditions had been agreed with the Police. Their representation was maintained however as the proposed outdoor area was located in a CIA and the applicant had to demonstrate how it would not add to cumulative impact.
In response to questions from the Council’s Legal Adviser the applicant confirmed that if the Sub-Committee was minded to grant the application they were content for conditions relating to the provision of food being available and a requirement to be a member of the Best Bar None scheme could be added to the licence.
The Sub-Committee carefully considered the application. It was noted that the Premises was located in a CIA and that there was no requirement for any food to be consumed by customers using the external tables. The applicant therefore had to demonstrate that the additional provision of off-sales of alcohol to this area would not add to cumulative impact. The Sub-Committee noted that the external area was already in operation to provide food and non-alcoholic beverages to customers and no reported issues had arisen. The high level of staff supervision of the outside tables and chairs was welcomed in conjunction with the CCTV provision and this provided reassurance that it would be suitably controlled. The requirement that only customers purchasing a cinema ticket could consume alcohol in the external area and would have to be seated would ensure there was no vertical drinking or that it had the potential to operate as a bar. The provision of a waiter/waitress service, the requirement for food to be available and the condition for the applicant to be a member of the Best Bar None scheme all provided reassurance that allowing the consumption of alcohol in the external area was unlikely to add to cumulative impact in the local area. The reduction in the hours permitting off sales of alcohol to between 10:00 and 22:00 was welcomed and it was noted that the Police and EH had withdrawn their representations following the agreement of conditions with the applicant. The Sub-Committee also had regard to the fact that the Heart of London Business Alliance had submitted a representation in support of the application. Therefore, even though the Premises was located within a CIA the proposed conditions and the nature of the operation were restrictive enough to ensure that the Premises would not add to cumulative impact in the CIA,was suitable for the local area and ultimately promoted the licensing objectives. The Sub-Committee therefore granted the application accordingly.
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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.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority
Conditions relating to regulated entertainment:
11. This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001
12. On New Year's Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day).
13. Notwithstanding the provisions of Rule of Management No. 6 the premises may be kept open for the purposes of this licence from 00:00 midnight on each of the days Sunday to Saturday to 03:00 on the days following.
14. The topmost fifth floor of the tower shall not be used for any purpose: the third and fourth floors shall not be used except for the storage of incombustible materials and the other rooms in the tower (except the battery room) shall not be used otherwise than as storerooms.
Conditions for Sale of Alcohol
15. The primary use of the premises shall remain as a cinema otherwise the licence shall cease to have effect.
Conditions which reproduce the effect of any restriction imposed on the use of the premises by specified enactments
16. If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of the premises licence (or the holder of the club premises certificate):
(a) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,
(b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and
(c) to take all other reasonable precautions for the safety of the children.
17. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
18. Live music, performance of dance and anything similar to live music, recorded music or performance of dance is ancillary to exhibition of films.
19. No sale of intoxicating liquor shall be made except to:
(a) persons admitted to the premises by purchasing a ticket, or (b) employees and bona fide guests of Odeon Cinemas Limited, or (c) persons for whose admittance payment has been made.
20. No unaccompanied children under the age of 12 years to be admitted to film performances commencing after 20:00 hours.
21. No unaccompanied children under the age of 15 to be admitted to film performances commencing after 22:00.
22. A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards such as a diving licence or passport.
23. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the Police or an authorised officer of the City Council at all times whilst the premises are open.
24. 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 external terrace area appropriately authorised for the use of tables and chairs on the highway shall also be covered.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.
25. 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 is open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested
26. Alcohol shall not be sold, supplied or consumed in the premises except during permitted hours.
In this condition, permitted hours means:
(a) Monday to Sunday from 09:00 to 00:00 (b) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).
27. Performance of Plays shall take place in the main auditorium only and plays ancillary to films elsewhere from 00:00 to 23:59.
28. On not more than 12 occasions per year films may be exhibited between the hours of 03:00 and 09:00 hours. On those occasions at least ten working days notice shall be given to the City Council's Environmental Health Consultation Team and the Borough Police Licensing Unit.
29. On the 12 occasions when films are exhibited between the hours of 03:00 and 09:00 hours Late Night Refreshment may be provided from 03:00 to 05:00 hours.
30. The sale of alcohol for consumption off the premises
shall be restricted to alcohol consumed by persons who are seated
in an area appropriately authorised for the use of tables and
chairs on the highway.
31. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
32. All tables and chairs shall be removed from the outside area at 22.00 each day.
33. Waiter/waitress service shall be available in the area appropriately authorised for the use of tables and chairs on the highway.
34. Drinks for consumption in the area appropriately authorised for the use of tables and chairs on the highway shall be served in non-glass vessels. 35. The sale of alcohol for consumption off the premises is only permitted between 10:00 and 22:00 on each day of the week.
36. The SIA security requirement for the external area, will be risk assessed and signed off by a senior member of the management on a weekly basis. A written record will be kept and shall be provided to the Responsible Authorities upon request.
37. The licence holder shall actively participate in the Best Bar None scheme.
38. 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 either on the premises or off the premises in the extended seating area to the front. |
Supporting documents:
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