Agenda item

Lime Tree Hotel, 135 - 137 Ebury Street, London, SW1W 9QU (“The Premises”)

19/16744/LIPN

1.

New Premises Licence

Sale by retail of alcohol On or off sales or both: On

Monday to Sunday 00:00 to 23:59

Seasonal variations/ Non-standard timings: None

Amendments to application advised at hearing:

2.

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

Ms Steward introduced the item advising Mr Adam Rutledge was representing the Applicant who was not in attendance.  She also advised that the police representation had been withdrawn on 17 January 2020 after the agreement to additional conditions.  Ms Steward informed the Sub-Committee that Mr Richard Brown would be representing three local residents. It was also noted that additional submissions were made by Richard Brown on 10 February 2020, copies of which had been circulated to all relevant parties.

The Sub-Committee heard the Applicant’s Case

Mr Adam Rowledge addressed the Sub-Committee on behalf of the Applicant who was not in attendance.  Mr Rowledge advised the Sub-Committee that this was an application for a new premises licence which intended to operate as a 25 Bedroom Bed and Breakfast hotel.  Mr Rowledge informed the Sub-Committee that his client had agreed to the conditions proposed by the Police and as such the Police have subsequently withdrawn their objections.  Mr Rowledge advised that two other objectors withdrew their objections after agreeing conditions.

Mr Rowledge advised that his client was open to agreeing appropriate conditions as he wants to have a good relationship with his neighbours and maintain a high quality establishment. He advised that his client wanted to serve alcohol in the internal café and also in the garden area and the terrace, and that consumption was only by residents and their bona fide guests or by those persons attending pre-booked private events. 

Mr Rowledge stated that alcohol would be sold in the café bar to residents and guests at any time. He advised that the Hotel wished to operate a bar in the café area and that his client wanted to also provide bedroom service to residentsof the hotel as well as a service to outside guests e.g. for birthdays and anniversaries etc.

Mr Rowledge advised that ensuring his client maintained their relationship with neighbouring residents was in the interests of the hotel.

 Mr Rowledge advised that the serving of alcohol would take place on the bar/café area.  He added that table service will be available and provided by a member of staff. It was proposed that residents and non-residents would be able to be served in the garden during functions etc. (by tray service). The focus would be mainly on the café area.

Mr Rowledge advised that if persons are booking private function, it would be expected that they would book food as well as  alcohol.  He advised that substantial food would always be available to be purchased during licensed activity. 

Mr Rowledge clarified that food would be available for both residents and non-residents, for example for birthday parties’ buffets would be available.

Non-residents would have the opportunity to purchase food while purchasing drinks, but it is not compulsory.   Substantial food will be available - not just crisps and nuts. There will be sandwich’s and hot meals. However three course meals would not be available.  Mr Rowledge advised that there must be substantial food purchased or arranged prior to guests attending a private functions, and it would be provided for residents and non-residents who are not attending the function.  Mr Rowledge confirmed that for residents and non-residents not attending the function and just having a drink at the bar food will be available at all times however it is not compulsory.

Mr Rowledge pointed out that the primary area would be the bar/café prior to 21:00 hours. The terrace and garden would be included but not after 21:00 hours.  Private events that happen before 21:00 could be larger because there would be more space to accommodate them.  He advised that his client was aiming to maintain a reasonable termination hour and the licence is principally for private events to be kept to a reasonable level.  He advised the Sub-Committee that ideally Midnight would be a reasonable time to terminate.  He advised that he was not sure whether or not the windows are double glazed.

Mr Rowledge noted that the client did not intend for there to be any issues arising from the local residents or the residents of the Hotel and said that he would be open to discuss terms which would prevent these situations from arising.  He added that it may be unfair to place restrictions on the number of events that they would host and instead the Sub-Committee should make sure that the events are appropriate and do not cause any disturbances to any of the residents.

Mr Rowledge confirmed that the hotel did propose that the bar is available to hotel residents and their guests on a 24 hour basis and would like to challenge the point that it would be unusual to keep it open for 24 hours.  He noted that after a certain hour there would be no seating available in the café/ bar area.

Mr Rowledge advised the Sub-Committee that there would be scope to further discuss the closing times, which could be changed if that was considered to be appropriate.

The Sub-Committee heard from Environmental Health Services:

Mr Drayan addressed the Sub-Committee and confirmed that the Environmental Health Service had maintained their objections on the grounds that the supply of alcohol for the hours requested may have the effect of causing public nuisance in the area.  Mr Drayan advised that the applicant had now agreed the four conditions proposed by Environmental Health as a result of which he did not have a major concern about the potential for nuisance being caused. However,  the applicant still had to ensure that the activities of the hotel were well managed so as to avoid any noise disturbance to local residents.

Mr Drayan advised the Sub-Committee that it was intended that there should be no consumption of alcohol after 21:00 on the terrace or outside area, and there had been no objections to this proposal. 

Mr Drayan advised that he had suggested that consumption of alcohol should be for persons who are seated or having a table meal on the premises and alcohol should be ancillary to persons taking such meals.  Mr Drayan stated that he was advised by the applicant that in some situations alcohol would not be ancillary to food, but purchased as part of event e.g., wine at seminars.  Mr Rowledge confirmed that if food was purchased as part of an event it would be eaten by the guests but upon clarification it seemed that there was no requirement for the food to be eaten.  Mr Drayan confirmed that the capacity for the café would be 50-60 standing and less than that if they were to be seated.  Mr Drayan confirmed that the windows are not double glazed as it is a conservatory and suggested that after 22:00 the bar should be open to residents and their guest only.

Comments from the Licensing Sub-Committee:

The Sub-Committee queried if there were grounds for concern in relation to the residents and requested that all parties concentrate on the areas not agreed upon or where they would like further clarity.  The Sub-Committee sought further information on private events and whether food would be served with alcohol.  The Sub-Committee also wanted to know if the garden, terrace and bar area would be the place in which private events took place.  The Sub-Committee felt that the issue of private events remains a concern and queried the restrictions of the number of events which take place per year.

The Sub-Committee heard the Objectors case:

Mr Richard Brown addressed the Sub-Committee, advising that the scope of the application would be the equivalent to a 24-hour liquor license application.  He advised that Hotel times for public events tend to bring on claims of public nuisance.  Mr Brown noted that there are no objections to the sale of alcohol to guests or the public during the agreed hours, however, certain aspects of the application need to be clarified. He noted that there was no bar shown on the floor plans provided and advised that the Applicant now wants to convert the café area to a bar.  Mr Brown queried whether a 24 hour alcohol service would just be as room service or if the bar would also be open to the public for 24 hours.

Mr Brown advised the Sub-Committee that concerns had been raised, as it was unusual for a hotel bar not to have a closing time. He queried the details of the food offer that would accompany the consumption of alcohol on the premises after 11 pm (now changed to 10pm): the nature of the private events, i.e. baby showers, group afternoon teas, birthday events etc, and the condition of the garden and whether it is fit for gatherings. He also suggested that 22:00 would be too late for closure of the external area.  He said that proposed condition 17 was not clear.. He thought that the consumption of alcohol ought to be ancillary to a substantial meal and not just available.

Mr Brown advised that objectors were also concerned with the lack of detail in the plan, he noted that some of the factors that residents are more concerned about would be things like noise from late night events.  He wanted an idea of the times frequency and capacity of the events that would be held at the hotel. Mr Brown suggested that all windows and external doors must be closed after 21:00.  Mr Brown raised further concerns regarding the front door, smoking on the premises and a direct telephone number being provided in the event that the hotel does cause an issue so that they are able to be reached, and made aware of the problem.

Mr Brown advised that condition 57 had been agreed and the condition was proposed because the Applicant was not clear on the scope of the operation. 

He informed the Sub-Committee that Model condition 41: non-alcoholic drinks such as water and soft drinks will be available in all parts of the hotel where alcoholic drinks are available had been accepted   He added that there was no condition regarding the café as a whole being open to the public/residents during private events.  Mr Brown felt that the termination hour for public should be moved from 11pm to 10pm, and that private events should be limited to a specific capacity.

Chair Summing Up

The Chairman thanked everyone for their attendance and advised that the Sub-Committee had considered all submissions received. He confirmed that members of the Sub-Committee had read through everything in detail prior to the hearing.  The Sub-Committee had noted the objections that had been made in relation to the application and that the premises was not located in a Cumulative Impact Area (CIA).

The application had not been entirely clear. In that respect it was noted that Richard Brown had submitted a table posing a number of questions to the applicant and that the applicant had answered some of those questions. This was a 25-room hotel / bed and breakfast establishment that was seeking to sell alcohol 24 hours a day. Following an amendment agreed with the police, who later withdrew from the proceedings, it became clear that no alcohol was to be consumed between 22.00 hours and 10.00 on the following morning, apart from (i) alcohol consumed by residents and their bona fide guests and (ii) alcohol consumed by persons attending pre-booked private events by invitation only.

It also became clear that the intention of the applicant was that alcohol could be sold to the guests for consumption on a 24-hour basis, either in the café/bar area or within their own bedrooms. What remained unclear was the use that might be made of the external garden and terrace areas and also any limitation that might apply to the use of the hotel for the private events. It was unclear what the hours might be for those events and also unclear whether alcohol could be consumed at private events without that being ancillary to the consumption of food. These were the very points that Mr Brown had been seeking to clarify on behalf of the residents.

The applicant did clarify that substantial food would be provided at events but indicated that it would not be compulsory for the consumption of alcohol to be be ancillary to the consumption of food. It was also clarified that the use of the external garden and terrace areas would cease by 21.00 hours.

The members decided that it would be appropriate to grant the application subject to a suite of conditions that would help to promote the licensing objectives. First and foremost, it was decided that, with the exception of the residents and their bona fide guests (up to a maximum of four guests per room) or non-residents attending pre-booked private events by invitation only, no alcohol shall be consumed between 22:00 and 10:00 on the following day.

The sale of alcohol to the residents and their guests would be permitted on a 24-hour basis. A new condition was also imposed so as to restrict the sale of alcohol for pre-booked private events by invitation only to core hours, namely 10.00 to 23.30 on Monday to Thursday; 10:00 to midnight on Friday to Saturday; 12:00 to 22.30 on Sundays; and 12:00 to midnight on Sundays immediately prior to a Bank Holiday.

Questions had also been raised as to the areas within the hotel in which the licensable activities permitted could take place. Save for the supply of alcohol in hotel rooms to residents and their bona fide guests, it was decided that the licensable activities authorised by the licence shall be restricted to the areas marked as café/bar and garden/terrace on the licence plan, and be ancillary to the main function of the premises as a hotel.

Most of the conditions that Richard Brown had identified in his table had also been included but it was decided that it was not appropriate to impose a maximum number of private events in view of the fact that the hours had been restricted as set out above. It was recognised that, being a hotel establishment, it was important that the licence holder did not cause any nuisance or disturbance to their own guests and it was hoped that the same considerations would apply in respect of local residents.

The members of the Licensing Sub-Committee were of the view that they had achieved a proportionate balance between the interests of the hotel and the interests of the local residents. However, if it becomes apparent that the sale and/or consumption of alcohol at these premises is associated with any noise or disturbance to residents, there will always be the opportunity for an application to be made to review the licence.    

.

 3.

Hours Premises Open to the Public:

Monday to Sunday 00:00 to 23:59

Seasonal variations/ Non-standard timings: None

Granted

CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

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.         The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.   

10.       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. 

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

12.       Children under the age of 16 shall not be permitted to enter the premises after 21:00 unless dining with an adult or attending a pre booked function or resident in the hotel. 

13.       No alcohol shall be consumed in the garden and external terrace area between 21:00 and 10:00 the following day. 

14.      All beverages to be served by trained waiting staff who have authority to serve and will ensure that the conditions of the licence and objectives of the Licencing Act are upheld. 

15.       No guests are to be permitted to smoke or take their beverages outside the front of the hotel. 

16.       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.

17.       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. 

18.       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. 

19.       No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated. 

20.       No licensable activities shall take place at the premises until the premises has 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. 

21.       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.  

22.        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. 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.  

23.       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.  

24.       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.  

25.       With the exception of the residents and their bona fide guests (up to a maximum of four (4) people per room) or non-residents attending pre-booked private events by invitation only, no alcohol shall be consumed between 22:00 and 10:00 on the following day.  

26.       Patrons permitted to temporarily leave and then re-enter the premises shall not be permitted to take drinks or glass containers with them. 

27.       Patrons smoking on the terrace/garden after 21:00 shall not be permitted to take drinks or glass containers with them. 

28.       All windows and external doors shall be kept closed after (21:00) hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

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

30.       Save for the supply of alcohol in hotel rooms to residents and their bona fide guests, the licensable activities authorised by this licence and provided at the premises to members of the public shall be restricted to the areas marked as café/bar and garden/terrace on the licence plan, and be ancillary to the main function of the premises as a hotel.

31.       All licensable activities for pre-booked private events by invitation only shall be restricted to:

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00 (midnight)

Sundays: 12:00 to 22:30

Sundays: Immediately prior to a Bank Holiday Midday to Midnight