Agenda item
Salon 64, 14 Bateman Street, London W1D 3AG
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 31October 2019
Membership: Councillor Murad Gassanly (Chairman), Councillor Louise Hyams and Councillor Aziz Toki
Legal Adviser: Horatio Chance
Committee Officer: Georgina Wills
Policy Officer: Aaron Hardy
Presenting Officer: Kevin Jackaman
Relevant Representations: Environmental Health and Metropolitan Police.
Present: Lana Tricker (Solicitor, LT Law representing the Applicant), Ricky Walters (Applicant Company) and Karyn Abbott (Licensing Authority).
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Salon 64 14 Bateman Street London W1D 3AG (“The Premises”) 19/11124/LIPV
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1. |
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application for a variation of a premises licence for a Premise currently operating as a hair and beauty salon with the provision of licensable activities being ancillary to the main purpose of the Premises. The Applicant sought to extend the sale of alcohol terminal hour by 2 hours, Monday to Saturday from 20:00 hrs to 22:00 hrs. These were 30 minutes less than the existing opening hours of the Premises. No variation was sought in respect of the opening hours. The Premises are situated in the West End Cumulative Impact Area.
Kevin Jackaman, the Licensing Officer advised that representations had been received from Environmental Health, Licensing Authority and The Soho Society. There were also two letters of support from local residents. The Metropolitan Police withdrew their representation. There was additional representation submitted by the Applicant and Interested parties and these were circulated.
Ms Lana Tricker, The Applicant’s legal representative, advised the Sub-Committee that Salon 64 was a renowned salon and flexible social hub in Soho. Ms Tricker advised that the Premises opened in 2017 and comprised of a basement and ground floor. She advised that the Premises would have a ‘make up space’ in which customers could apply makeup. The Salon currently offers alcohol beverages to its customers. She advised that the Salon was frequented by famous clientele and that access to the Premises after 19:00hrs would be restricted to customers who were members and had visited the establishment within the past 6 months. Ms Tricker advised that membership to the Salon was for a one-year period and was not automatically renewed. All membership requests are considered by a Committee.
Ms Tricker acknowledged that the Premises was located in the West End Cumulative Impact Area and informed that the proposed hours sought was within the core hours. The Premises current closing hours was to remain. She advised that face recognition devices would be in place and noted that several neighbouring businesses were in support of the Application. Ms Tricker advised that the Salon attracted an older wealthy clientele and that alcohol sales amounted to 1% of the overall revenue. She advised that alcohol was served by staff members and that the Premises would not transfer into a public bar or encourage vertical drinking. Ms Tricker advised that the store’s glass store frontage would be shield after 19:00hrs. The Sub-Committee was advised that the Premises would first and foremost remain as a hair salon with alcohol ancillary thereto.
Ms Tricker advised that a meeting was held with the Metropolitan Police on the Premises site and several conditions had been agreed with the Applicant. She reminded the Sub-Committee that the Metropolitan Police had withdrawn their representation. It was confirmed that the Licensing Authority and Environmental Health have both visited the Premises site. Ms Tricker advised that there was no history of Anti-Social Behaviour emanating from the Premises and that residents alongside local business owners were in support of the Application. She advised that the hours sought reflected those of other establishments within the Soho Area and that the Applicant had a good working relationship with local vendors.
Mr Anil Drayan, Environmental Health Officer advised the Sub-Committee that their representation had been maintained to enable the Sub-Committee to consider the request. He advised that the supply of alcohol was ancillary to a hairdressing salon. Mr Drayan advised that additional hours sought for the supply of alcohol was beyond 20:00hrs and that the proposed Conditions which had been agreed would mitigate set concerns. He advised the Applicant had withdrawn a previous application for regulated entertainment and this was noted by the Sub-Committee.
Ms Karyn Abbott, Licensing Authority advised that their representation had been maintained as the extended hours sought was beyond 20:00hrs and contravened Paragraphs 2.4.17 – 2.4.22 of the City Council’s Statement of Licensing Policy (“SLP”). Ms Abbott advised that she had visited the Premises and commented that the Applicant had agreed to Conditions proposed by the Metropolitan Police and the Licensing Authority. The sale of alcohol would be ancillary to the premises operating as a hairdressing salon.
Mr Richard Brown, Legal Representative for the Soho Society advised that a further representation had been submitted by the Society and that representation was based on paragraphs 2.4.17 – 2.4.22 of the SLP. Mr Brown raised concerns that the Application may set a precedent and noted that the additional hours sought were beyond 20:00hrs. He referred to an Application made by Blade Soho which was a similar establishment to Salon 64. The former had been granted permission to supply on sales by a Licensing Sub-Committee. Mr Brown reminded the Sub-Committee that the Premises was located within the West End Cumulative Impact Zone and associated risks of increasing the supply of alcohol in these localities. In response to questions from the Sub-Committee, Mr Brown advised that he was satisfied with Salon 64’s operational model and advised that the supply of alcohol should not be permitted beyond 20:00hrs.
Ricky Walters, Principal Stylist, and Applicant, advised that the Premises was a luxury hair salon and that its customers had a high net worth. Mr Walters advised that the application was designed to ‘enhance the experience’ of customers and increase the sales of products and services. He advised that the Premises had a unique membership and that its members were well known to the wider public. Mr Walters advised that Conditions which limited sales of alcohol beverages to customers using the facilities in relation to, and ancillary to hairdressing and other cosmetic services provided at the Salon would be accepted. A further Condition which required alcohol to be supplied to seated customers by a waited service would also be agreed. In response to questions, Mr Walters advised that the 22:00hrs terminal hours had been sought in order to make the licensable activities viable and ensure that the provision is available to customers during the duration of their beauty treatments. He commented that nearby establishments closed at a later time.
The Sub-Committee has a duty to consider each application on its individual merits based on the evidence before it and having carefully listened to the Applicant, Environmental Health, Licensing Authority and a representative of the Soho Society,, the Sub-Committee considered that the conditions it had imposed on the licence were appropriate and proportionate and would have the overall effect of promoting the licensing objectives. . These included those recommended by the Metropolitan Police and Environmental Health. The Sub-Committee noted that the Applicant had agreed to Conditions which restricted the supply of alcohol to customers attending the Premises and using the facilities in relation to and ancillary to hairdressing and other cosmetics purchased at the Salon. The Applicant had also agreed for the supply of alcohol to be provided to seated customers by a waited service only. The Sub-Committee agreed that the Applicant demonstrated that the application was an exception to policy for the reasons given above and that the Conditions imposed would help ensure the promotion of the licensing objectives.
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2. |
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Amendments to application advised at hearing:
None
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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. |
Conditions being varied |
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Condition |
Proposed Condition |
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11. Alcohol may only be sold to and consumed by patrons attending the premises and using the facilities in relation to, and ancillary to, hairdressing and other cosmetic services provided by the salon.
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Alcohol may only be sold to and consumed by (a) patrons attending the premises and using the facilities in relation to hairdressing and other cosmetic services provided by the salon; (b) after 19:00 members of a private members club currently known as “Sixty-Four” and their bonafide guests (not exceeding 2 guests per member). |
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14. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as driving licence, passport or proof of age card with PASS hologram. |
A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as driving licence, passport or proof of age card with PASS hologram. |
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15. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record 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 is open.
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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) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service. |
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16. All drinks served at hairdressing / treatment stations shall be done so by waiter / waitress service.
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The supply of alcohol shall be by waiter or waitress service only.
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Condition to be deleted:
21. 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.
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Conditions to be added:
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Amendments to application advised at hearing:
None
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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 imposed by the Licensing Authority after a hearing:-
9. 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. Viewings of recordings shall be made available immediately upon the request of Police or authorised council officer throughout the entire 31 day period.
10. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times the premises is open. 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.
11. Alcohol may only be sold to and consumed by (a) patrons attending the premises and using the facilities in relation to, and ancillary to hairdressing and other cosmetic services purchased at the salon;
(b) after 19:00 members of a private members club currently known as “Sixty-Four” and their bonafide guests (not exceeding 2 guests per member).
12. Only champagne, cocktails, whisky and wine shall be served at the premises.
13. There shall be no self- service of alcohol.
14. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as driving licence, passport or proof of age card with PASS hologram.
15. 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) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
16. All drinks served at hairdressing / treatment stations shall be done so by waiter / waitress service to seated customers
17. 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.
18. 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.
19. Licence intended for use by Salon 64 only and to be surrendered when they leave premises.
20. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed at the point of sale.
21. 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.
22. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
23. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day unless collections are arranged during the times for the Council's own commercial waste collection service for the street.
24. No person shall be admitted to membership of the private club unless they are customers of the hairdressing salon and have paid for a haircut or hairstyle in the last 6 months or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their application for membership and their admission.
25. A list of the names and addresses of members of the Club shall be kept on the premises at all times together with a book/electronic record showing the names and dates of attendance of any guests introduced by members. Both the list and the book/electronic record shall be produced on demand for inspection by the police or an authorised officer of the Council.
26. Entrance to the premises after 19:00 shall only be to members of a private members club and their bona fide guests or to patrons who have pre booked a hair or cosmetic service at the premises.
27. Membership of the private members club shall only be available to persons over 21 years old.
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. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly
30. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 50 persons.
31. After 19:00, the front windows of the premises shall be obscured, as agreed with the Metropolitan Police, so that persons passing the front of the premises are unable to see into the premises.
32. After 19:00, entrance to the premises, by members of the “Sixty-Four” private members club, shall be by way of facial recognition software.
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Supporting documents:
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Salon 64 Report_Redacted (1), item 4.
PDF 1 MB -
4.1 Vanessa Simeonidis Letter of Support, item 4.
PDF 115 KB
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4.2 Simon McGee Letter of Support, item 4.
PDF 57 KB
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4.3 Salon 64 Final Hearing Submissions, item 4.
PDF 565 KB
- 4.4 Salon 64, item 4. HTM 56 KB
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4.5 Blade decision, item 4.
PDF 123 KB