Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End West End* None**	Development Site At 70-88 Oxford St, W1D 1BS	New Premises Licence	21/06754/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.5

 

Thursday 21 October 2021

 

Membership:      Councillor Murad Gassanly (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Officer Support:  Legal Adviser:           Viviene Walker

Committee Officer:   Sarah Craddock

                           Presenting Officer:   Jessica Donovan

                             

Application for a New Premises Licence – Development Site At 70-88 Oxford Street, London W1D 1BS – 21/06754/LIPN

 

                                              FULL DECISION

 

Premises

 

Development Site at

70-88 Oxford Street

London

W1D 1BS

 

Applicant

 

Pontsarn Investments Ltd And Bbb Thirteen Ltd

Represented by Alun Thomas (Thomas and Thomas Partners) andMark Terry and Elliot Shuttleworth (Pontsarn Investments Ltd and Bbb Thirteen Ltd)

 

Cumulative Impact Area?

 

West End

 

Ward

 

West End

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises proposes to operate as a competitive socialising venue.  Activities include inter alia, axe throwing, shuffleboard, mini-golf, augmented reality darts, escape rooms, American pool, ping-pong, curling and Karaoke.  This is a New Premises Licence application and therefore no Premises history exists for the Premises. 

 

 

 

 

 

 

 

Proposed Activities and Hours

 

Retail Sale of Alcohol [On Sales]

 

Monday to Saturday 11:00 to 23:00

Sunday 12:00 to 22:00

 

Seasonal Variation/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.  Bank Holidays 12:00 to 22:00

 

Plays, Films, Indoor sporting events, Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description (Indoors)

 

Monday to Saturday 11:00 to 23:00

Sunday 12.00 to 22.00

 

Seasonal Variation/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. Bank Holidays 12:00 to 22:00

 

Hours premises are open to the public

 

Monday to Saturday 11.00 to 23.00

Sunday 12:00 to 22:30

 

Seasonal Variation/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. Bank Holidays 12:00 to 22:30

 

Adult Entertainment: None

 

Representations Received

 

·       Environmental Health (withdrawn on 8 September 2021)

·       Licensing Authority (Roxsana Haq)

 

Summary of Objections

 

·       The Licensing Authority had concerns as to how the premises would promote the four licensing objectives and not add to the cumulative impact in the cumulative impact area as per policy CIPI and COMB1.

·       The Licensing Authority required clarification on whether the use of the Premises was ancillary to each other and the nature of the ‘off’ sales of alcohol.

 

 

 

 

 

Policy Position

 

Under Policy CIP1, it is the Licensing Authority’s policy to refuse applications in the Cumulative Impact Areas for pubs and bars, fast food premises and premises offering facilities for music and dancing and similar entertainment, other than applications to vary hours within the Core Hours under Policy HRS1.  Applications for other licensable activities in the Cumulative Impact Areas will be subject to other policies and must demonstrate that they will not add to cumulative impact in the Cumulative Impact Areas.

 

Under Policy COMB, applications inside the West End Cumulative Impact Zones for premises that propose to operate as a ‘combined use premises’ will be considered on their merits.

 

                     SUBMISSIONS AND REASONS

 

 

Ms Jessica Donovan, Presenting Officer, outlined that this was an application for a New Premises Licence for a competitive socialising venue with Sale by Retail of Alcohol Monday to Saturday 11:00 to 23:00 and Sunday 12:00 to 22:00.

She explained that representations had been received from the Environmental Health Service which had been withdrawn on the 8 September 2021, after agreement with the Applicant to their proposed conditions.  She advised that the Licensing Authority had maintained their representation to clarify whether the use of the Premises was ancillary to each other and the nature of the “off” sales of alcohol.  She confirmed that no representations had been received from other parties. She advised that the Premises were located within the West End Ward and in the West End Cumulative Impact Area. She further advised that additional submissions had been received from the Applicant which had been circulated to all the relevant parties before the Sub-Committee hearing.

 

Mr Thomas, on behalf of the Applicant’s Company, addressed the Sub-Committee and outlined the application.  He advised that the Premises had recently been granted planning permission for, inter alia, use of basement level 01 for entertainment, games and food and drink.  He explained that the Premises was just within the West End Cumulative Impact Area and that it would primarily operate as a competitive socialising venue so would not add to the existing cumulative impact.  This was because the Premises were located on Oxford Street, there was a relative lack of residential amenity and the hours sought were within the Council’s Core Hours Policy.  He added that the availability of public transport at closing time (23:00 Monday to Saturday; 22:30 Sundays) negatives concerns for dispersal away from the Premises at closing time.

 

Mr Thomas advised that the Premises did not require “off” Sales of alcohol and that this had been an administrative error on his part.  He confirmed that the licensable activities would be ancillary to the main function of the Premises as a competitive socialising venue.  He added that there would be a substantial food menu available and only 30% would be wet sales.  He explained that all customers needed to pay a minimum admission charge of £15 and that most people booked their activities on-line before visiting the Premises.

 

Mr Thomas explained why the application should be considered under the Council’s Combined Use Premises Policy COMB1 and not PBI and emphasised that the application should be considered (i) on its merits; (ii) subject to the promotion of the licensing objectives – to which the detailed Operating Schedule relates; (iii) within Core Hours; (iv) no deliveries applied for; and (v) no addition to cumulative impact, as it was located in Oxford Street and would be operating as a competitive socialising venue where alcohol was ancillary to this main function of the venue. He emphasised to the Sub-Committee that the Premises were not going to be a bar and that Oxford Street was the perfect location for this type of venue. 

 

Mr Thomas presented slides to the Sub-Committee that showed photographs of the Applicant’s other venues across England.  He advised that drinks could be ordered via an APP whilst customers were participating in their game and/or they could be purchased at the bar.   He outlined that the activities/games available would be axe throwing, shuffleboard, mini-golf, darts, escape rooms, pool and Karaoke as well as others.  He advised that customers were met and checked in at reception and then taken to their game area.  Most people booked a block of three games.  He added there was always a SIA located at the entrance.  He further advised that 58% of their customers were female. 

 

Ms Roxsanna Haq, representing the Licensing Authority, advised that the Licensing Authority had maintained their representation because they needed clarification on whether the use of the Premises was ancillary to each other and the nature of the ‘off’ sales of alcohol.  Ms Haz advised that she was pleased that the “off” sales of alcohol had been withdrawn and that it was for the Sub-Committee to be satisfied that this application was what it stated it was as the Premises were located in the West End Cumulative Impact Area.

 

In response to questions from the Sub-Committee, Mr Thomas advised that smokers would be given a bright paper wrist band so they could re-enter the Premises.  He outlined that families attended these types of venues during school holidays.  He confirmed the capacity was 500 persons and that this was not a late-night venue.  He emphasised that there were no drink promotions, drinks could only be ordered whilst doing an activity and that the serving of alcohol would cease if the staff considered a person/group of people were behaving inappropriately.  He advised that the Premises had been very expensive to refurbish so the Applicants wanted their customers to respect the venue.  Mr Thomas agreed to have the condition that ‘waiter/waitress service shall be available throughout the whole of the Premises and the model condition in relation to smoking attached to the Premises Licence.

 

Mr Thomas summed up by advising that he was pleased that the Licensing Authority had agreed that the application should be considered under the Council’s COMB1 policy and as such there was no need for the Applicant to prove exceptional circumstances.

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee noted that the application should be considered under the Council’s Licensing Policy COMB1 as the Premises would be operating as a competitive socialising venue where alcohol was ancillary to its main function.  The Applicant therefore did not need to prove exceptional circumstances to the Sub-Committee.  The Sub-Committee further noted that the Responsible Authorities were content with theapplication and the Premises were operating within the Council’s Core Hour Policy and were located away from highly residential areas. 

 

In reaching its decision, the Sub-Committee took into consideration that the conditions had been agreed with all the responsible authorities, that this type of Premises did not cause the Responsible Authorities concern and that all alcohol would be ancillary to the main function of the Premises.  The Sub-Committee concluded that the conditions imposed on the Premises Licence were appropriate and would promote the licensing objectives.

 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.       To grant permission for Plays, Films, Indoor Sporting Events, Live Music,

Recorded Music, Performances of Dance and anything of a similar description (Indoors) Monday to Saturday 11:00 to 23:00 hours Sunday 12:00 to 22:00 hours

 

2.        To grant permission for Seasonal Variations: From the end of permitted

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

Bank Holidays 12:00 to 22:00 hours.

 

3.        To grant permission for the On Sale of Alcohol Monday to Saturday 11:00 to 23:00 hours Sunday 12:00 to 22:00 hours.

 

4.        To grant permission for Seasonal Variations: From the end of permitted

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

Bank Holidays 12:00 to 22:00 hours.

 

5.        To grant permission for the Opening Hours of the Premises Monday to

Saturday 11:00 to 23:00 hours Sunday 12:00 to 22:30 hours.

          

6.        To grant permission for Seasonal Variations: From the end of permitted

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

Bank Holidays 12:00 to 22:30 hours.

 

7.        That the Licence is subject to any relevant mandatory conditions.

 

8.        That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

 

 

 

 

 

 

          

Conditions imposed by the Committee after a hearing with the agreement of the Applicant

 

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.  

 

 

11.           The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a competitive socialising venue.

 

12.      The provision of licensable activities shall only be provided to:

a) Persons paying a minimum admission charge of £15;

b) Persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted. A register of persons attending the event shall be kept for a minimum period of 31 days at the premises and made available for immediate inspection by Police or an authorised officer of the Council throughout the entire 31-day period; or

           c) Bona fide guests of the management

 

13.      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 are open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance. 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.

 

14.      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 are 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.

 

15.      The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.

 

16.      On Thursday, Friday and Saturday, a minimum of two SIA licensed door supervisors shall be on duty at the premises at all times whilst it is open for business and they must correctly display their SIA licence(s) when on duty so as to be visible. At all other times, the requirement for SIA licensed door supervisors shall be risk-assessed.

 

17.      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.

 

18.      No drinks shall be taken outside the premises.

 

19.      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.

 

20.      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.

 

21.      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.

 

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

 

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

 

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

 

25.      Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

26.      All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non- combustible.

 

27.      The certificates listed below shall be submitted to the licensing authority upon written request.

i. Any permanent or temporary emergency lighting battery or system

ii. Any permanent or temporary electrical installation

iii. Any permanent or temporary emergency warning system

 

28.      Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.

 

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

 

30.      No noise generated on the premises, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

31.      All windows and external doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons.

 

32.      The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

33.      No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

 

34.      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.

 

35.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

36.      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

 

37.      The premises licence holder shall ensure that any patrons smoking outside t he premises do so in an orderly manner so as to ensure that there is no public nuisance.

 

38.      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.

 

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

 

40.      A Challenge 21 or Challenge 25 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.

 

41.      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

 

42.      No licensable activities shall take at the premises until the capacity of the premises have 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.

 

43.      The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

44.      Waiter/Waitress service shall be available throughout the Premises.

 

 

This is the Full Decision reached by the Licensing Sub-Committee

This Decision takes immediate effect.

 

Licensing Sub-Committee

21 October 2021