Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End West End* None**	Wands & Wizards Exploratorium, 26 Greek St, W1D 5DE	Variation to a Premises Licence	21/06502/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5

(“The Committee”)

 

Thursday 28 October 2021

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Barbara Arzymanow and Councillor Aziz Toki

 

Officer Support:  Legal Adviser:           Steve Burnett

                           Policy Officer:           Kerry Simpkin

Committee Officer:   Sarah Craddock

                           Presenting Officer:   Roxsana Haq

 

Application for Variation of a Premises Licence in respect of Wands

& Wizard Exploratorium, 26 Greek Street, London, W1D 5DE - 21/06502/LIPV

 

                                           FULL DECISION

Premises

 

Wands & Wizard Exploratorium

26 Greek Street

London

W1D 5DE (The Premises)

 

Applicant

 

The Blind Phoenix Ltd

Represented by Jack Spiegler (Thomas and Thomas Solicitors), Matthew Cortland and Rafael Karam (Applicants)  

 

Cumulative Impact Area?

 

West End

 

Ward

 

West End

 

Proposed Application

 

The application seeks the following:

 

•To Regularise changes to the authorised layout of the premises as shown on the plans

appended to the application, including the addition of the basement and third floor to the

licence demise.

 

• Add the following associated works condition:

 

“No licensable activities shall take place at the premises until the licensing authority are

satisfied that the premises is constructed or altered in accordance with the appropriate

provisions of the District Surveyor’s Association – Technical Standards for Places of

Entertainment and the reasonable requirements of Westminster Environmental Health

Consultation Team, at which time this condition shall be removed from the licence by the

licensing authority. Amended plans shall be substituted and lodged with the Licensing

Authority in the event there has been minor changes to layout.”

 

• Add the following new condition to the premises licence:

 

“The licensable activities authorised by this licence and provided at the premises shall

be ancillary to the main function of the premises as a shop and venue providing magical

and theatrical entertainment.”

 

• Replace existing premises licence condition 17 with the following:

 

Alcohol may only be supplied to:

 

a) Persons attending a pre booked and bona fide private:

(i) magical/theatrical experience;

(ii) class or seminar;

(iii) function or event; or

b) Persons on the ground, first, second or third floors which shall operate as a

restaurant:

(i) in which customers are shown to their table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of substantial table meals that are prepared on the

premises and are served and consumed at the table using non disposable crockery,

(iv) which do not provide any take away service of food or drink for immediate

consumption,

(v) which do not provide any take away service of food or drink after 23:00 and

(vi) where alcohol shall or be sold or supplied, otherwise than for consumption by

persons who are seated in the restaurant and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals; or

 

Notwithstanding condition [17], alcohol may be supplied before 21:00 on the ground,

first, second or third floors by up to a maximum at any one time of 20 seated persons.

 

• Amend existing condition 26 to: “The number of persons permitted on the premises for

licensable activities at any one time (excluding staff) shall not exceed 50.”

 

• To add authorisation for the sale of alcohol for consumption off the premises until 11pm

Monday to Saturday and 10.30pm on Sundays, subject to the following new condition:

“The sale and supply of alcohol for consumption off the premises shall be restricted to

sealed containers only, except for alcohol consumed at appropriately authorised outside

tables and chairs

 

 

Representations Received

 

·       Metropolitan Police Service (withdrew on the 6 September)

·       Licensing Authority (Kevin Jackaman)

·       Soho Society (represented by Mr Richard Brown, Licensing Lawyer, Westminster Citizens Advice, and David Glesson, Soho Society)

 

 

Summary of Objections

 

·       The Licensing Authority has concerns in relation to this application and how the Premises would promote the four Licensing Objectives. The Premises are located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, COMB1 and PB1.

 

·       The Licensing Authority had further concerns that the Premises currently trade predominantly as a restaurant. However, it is proposed that this will only come into effect after 21:00 and therefore before 21:00, the Premises will be able to trade as a bar. There are also concerns about the application to add off sales.

 

·       The Soho Society’s main concern is the request for bar use until 9pm each day and the request for off sales to outside tables and chairs. They feel that this is likely to increase public nuisance and to add to cumulative impact in the West End CIZ.

 

Summary of Application

 

This is an application for variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises has had the benefit of a Premises Licence since

2014.  The Premises currently operate as a retail shop and venue providing magical and theatrical entertainment ancillary restaurant within the West End Ward and located within the West End Cumulative Impact Zone

 

The application is to amend the current approved licence plans including the addition of a basement and third floor to the licensable area. To add and amend conditions on the Premises Licence and add off sales.

 

Policy Considerations

 

Westminster Statement of Licensing Policy was considered including, SHP1, CIP1, RNT1, COMB1, PB1. HRS1, PN1 and CD1.

 

SUBMISSIONS AND REASONS

 

Ms Roxsana Haq, Presenting Officer, outlined that this was an application for a variation to a Premises Licence to vary the layout of the Premises as shown on the plans attached to Appendix 1 of the report, add the basement and 3^rd floor to the licensable area, add retail of alcohol for consumption off the Premises until 11pm Monday to Saturday and 10.30pm on Sunday, and amend and add conditions to the Premises Licence.  She advised that representations had been received from the Metropolitan Police Service who had withdrawn their representation on the 6 September and the Licensing Authority who was still maintaining their representation.  She confirmed that representations had been received from the Soho Society.  She advised that the Premises are located within the West End Ward and in the West End Cumulative Impact Area.

 

Mr Jack Spiegler, on behalf of the Applicant, addressed the Sub-Committee and advised that this was not your typical licenced Premises and for that very reason the application was exceptional and would contribute to Westminster’s important cultural and entertainment offer as recognised in the Council’s new policy.

 

Mr Matthew Cortland, Director of Blind Phoenix Limited, addressed the Sub-Committee and explained that the company was a technology lead entertainment studio that operated across food, beverage and retail to bring magic and fantasy to life with technology and science that interacts with the surrounding environment.  He advised that the company had taken over the Premises last October and had transformed it into a vibrant place for both families and adults.  The Sub-Committee noted the layout of the Premises: the ground floor was a retail shop containing interactive exhibitions; the first and second floors operated as food and beverage spaces for wizard afternoon tea experiences and switched to potion making experiences during the evening; and on the top floor was a magic wand building workshop where customers could create their own magic wand which would interact with the environment in the building.

 

Mr Spiegler explained to the Sub-Committee that he would split the application into five parts.  He outlined that there was no objection to the proposal to change the layout of the Premises and that the applicant had proposed a works condition requiring Environmental Health to sign off the works before providing licensable activities.  He advised of the following new condition to be added to the Premises Licence “The licensable activities authorised by this licence provided at the premises shall be ancillary to the main function of the premises as a shop and venue providing magical and theatrical entertainment”. He asked the Sub-Committee to consider this element of the application under the new Shops Policy, SHP1, and highlighted that the Applicant’s proposals were aligned with the City Council’s policy objectives set out in F144 - “The licensing authority is keen to support shops who wish to offer ancillary licensable activities to the main purpose of their shop”. 

 

Mr Siegler advised that the applicant wished to replace the existing condition 17 which was model condition 66 with the new wording set out on page 42 of the report which would allow continued alcohol sales to persons consuming a meal on the Premises but also persons attending a pre booked private function or event such as a ward making class.  He added that he believed that the Soho Society had expressed concern about the proposal to allow sales of alcohol to 20 persons seated before 21:00 as they were concerned that the Premises was going to turn into a bar.  Mr Spiegler explained that the Applicant wanted to enhance the retail offer which was very much in accordance with the Council’s new policy objectives and that the primary activity at the Premises was entertainment, not selling alcohol, and that this new Premises would make a positive contribution to Westminster’s cultural offer.

 

Mr Spiegler turned to the request for an increase in the capacity of the Premises from 40 to 50 persons, excluding staff, and explained that historically higher numbers of people would have visited the Premises specifically for licensable activities.  He added that now, however, a significant number of customers would visit the Premises for retail and other activities not centred around alcohol.  He emphasised therefore that it was realistically foreseeable that, despite the slight increase in capacity, there will be less people visiting the premises on a day-to-day basis for licensable activities.  Mr Spiegler highlighted that the Premises would be operated within core hours and controlled by way of conditions attached to the Premises Licence. 

 

Mr Spiegler referred to the proposal to add the sale of alcohol for consumption off the premises until 11.00 pm Monday to Saturday and 10.30 pm on Sundays, subject to the following new condition: “The sale and supply of alcohol for consumption off the premises shall be restricted to sealed containers only, except for alcohol consumed at the appropriate authorised outside tables and chairs which shall be served by waiter or waitress service, served only to a person seated”. He advised that this element had been added to the application to allow a limited range of alcohol (potion or cocktail making kit) to be available and sold in the wizard and magical themed shop.  He added that the application had also been made in case any external seating was authorised in the future whether by way of a new alfresco dining scheme or otherwise.  Mr Spiegler ended by advising that his Applicant wished to make a positive contribution to Westminster’s cultural offer by transforming a standard restaurant licensed Premises into a venue providing an unique retail and entertainment offer to their customers

 

In response to questions from the Sub-Committee, Mr Cortland advised that alcohol could be supplied before 21:00 on the ground, first and second floor to a maximum of 20 persons seated.  He emphasised that the proposed conditions to be attached to the licence would prevent the Premises becoming a bar and that under the council’s new shop policy the sale of alcohol would be used to enhance the primary use of the Premises which was retail and magical entertainment.  Mr Cortland advised that most customers would pre-book tickets for the various magical experiences which would keep the operation of the venue tightly controlled. He emphasised that allowing the Premises to serve a limited number of customers their magical drinks would enhance their experience of visiting the Premises.  Mr Cortland explained that off sales would involve the sale of a sealed magical fun gin and tonic or cocktail set that customers could use at home.  The Sub-Committee noted that the majority of customers would be taking part in one of the Workshops and the times for these different classes were staggered so that there would be a healthy flow of customers entering and exiting the Premises.  Mr Cortland confirmed that at present the basement was purely used for operational purposes, however, there was an interesting magical greenhouse/enchanted wardrobe located in the basement which could be used once Environmental Health had agreed that the basement could be used for licensable activities.

 

In response to question from the Sub-Committee, Mr Spiegler confirmed that the maximum capacity at any one time would be 50 persons and that there would be a maximum of 10 people allowed outside at anyone time to smoke.  Mr Spiegler advised that the Council’s alfresco scheme had benefited the Premises enormously over the summer and that the Applicants were considering submitting a revised proposal for less seating on the pavement on Greek Street.  The Applicant could then sale alcohol to person sitting in an appropriate consented outside area by way of ‘off’ sales; however, this was a future consideration.

 

Mr Kevin Jackaman, representing the Licensing Authority, advised that the Licensing Authority had maintained their representation as the Premises are in the West End Cumulative Impact Area and it had concerns regarding the amendment to condition 17 which would allow the Premises to trade as a bar which under the Council’s policy should be refused unless in exceptional circumstances.  Mr Jackaman advised, however, that since the submission of the Licensing Authorities representation there has been a revised licencing policy published which had introduced a new policy for Premises where the primary use was a shop.  This new policy now allowed shops inside the West End area to be considered on their own merits.  It would therefore be for the Licensing Sub-Committee to determine this application, given its location within the West End Cumulative Impact zone and the proposed style of operation.

 

Mr Brown, Licensing Lawyer, Westminster Citizens Advice, on behalf of the Soho Society, referred to his detailed representation in the additional information pack which had been circulated to all parties. He advised that there had been some engagement with the Applicant and Mr Spiegler which had crystallised the Soho Society’s position which was set out in his written submission.  He advised that the Soho Society were keen that the Council's strict licencing policies were upheld especially in the heart of Soho, as it was clear that even small incremental increases that were relatively modest could equal a significant overall increase in the cumulative impact area in the West End in due course. 

 

Mr Brown referred to paragraph 3 of his written submission which set out the five parts into which the application was split.  He advised that the Soho Society had no objections to the change in layout of the Premises and that they did not oppose the second part of the application which was to add the condition referencing magical and theatrical entertainment.  He explained that the Soho Society’s main concern was the request for bar use until 9pm each day for up to 20 persons and the request for off sales to outside tables and chairs. The Soho Society considered that this was likely to increase public nuisance and to add to cumulative impact in the West End CIZ.

 

Mr Brown advised that the request for 20 seated persons seemed a lot and was half of the current capacity.  He added that no exceptional circumstances had been put forward by the Applicant as to why the Premises should be exempt from having the restaurant condition placed on their licence.  Mr Brown confirmed that the Soho Society were not opposing the increase in capacity but were opposing the increase in the seated drinking capacity available without food.  He then referred to the Council's new Shop Policy and advised that he was not sure whether this application fell within this new policy, despite Mr Jackaman's, comments as this Premises seemed to be offering a wide range of activities. 

 

Mr Brown advised that if the Sub-Committee were minded to grant the application the Soho Society would prefer fewer people and an earlier cut off time for the consumption of alcohol only. Mr Brown explained that there was no objection to the off sales of branded goods such as gin and tonic and cocktail kits and that the Soho Society were happy to accept the Applicant’s suggestion of incorporating an element into Condition 28 which would resolve residential concerns. 

 

Mr Brown then referred to the tables and chairs located outside of the Premises which the Applicant had benefited from under the provision of the Business and Planning Act, which had been extended until the 30 September 2022.  Mr Brown confirmed that the Al Fresco scheme had caused issues for the residents whilst being very beneficial for Premises.  He explained that going forward the Soho Society were keen to minimise the impact of outside activity due to the lack of pavement space and noise nuisance in the West End.

 

 

 

Mr Gleeson, representing the Soho Society, confirmed that the Soho Society were only opposing two of the five requests to vary the Premises Licence.  He advised that he and a friend had visited the Premises a few weeks ago and were shown around each floor, with the exception of the basement, and he had come away still confused about what exactly the Premises was offering their customers. He explained that the Sub-Committee had heard a great deal about the Premises’ cultural offer to Westminster and its wand making workshops and magical potion gin and tonic sets, however, it was the sale of alcohol without food which was the worrying element of the application.  He advised that the Soho Society objected to alcohol being supplied without food before 9.00pm on the ground floor, first and third floor because  they considered that the Premises was turning into a themed bar.  Mr Gleeson then outlined that the Soho Society objected to off sales to outside tables and chairs and that he considered that the application was to open a themed bar and not a cultural event Premises and it was likely to increase public nuisance and to add to cumulative impact in the West End CIZ.

 

In response to questions from the Sub-Committee, Mr Brown confirmed that he did not consider that this application should be considered under the Council's new shop policy as the selling of goods was not going to be its primary activity.  Mr Brown advised that he was not really in a position to say if the application did or did not fall within the new policy because he was not the Applicant and therefore could not explain in detail how the Premises would operate.  He, however, considered it was useful to raise the point. He added in reference to the reduction of capacity from 20 to 15 persons, the Soho Society would prefer to see no consumption of alcohol without food before 21:00 in the Premises.

 

Mr Burnett, Legal Advisor to the Sub-Committee, asked for clarification regarding the proposed condition 17 and whether it related to the basement as well as the rest of the Premises.  Mr Spiegler advised that the basement did not lend itself to a space where people would go for a meal however condition 17 did apply to all the other floors of the Premises.  Mr Burnett then asked for confirmation regarding the proposed condition 26 which stated that the number of persons permitted on the Premises for licensable activities at any one time shall not exceed 50.  Mr Spiegler explained that this condition had been agreed with the Metropolitan Police Service and that it was very unlikely that the capacity of the Premises would ever go over 50 persons as workshops/the opening of the restaurants/bar area were always staggered.  Mr Spiegler advised that it was possible that cider would be sold at the Premises but that if it would either be a premium cider/beer or their own brand of cider or beer. He added that the Applicant occasionally liked to collaborate with breweries to create a magical themed beer and therefore the Applicant would prefer it if the condition would still allow him to be able to do this. Mr Spiegler confirmed that alcohol could not be sold outside of the Premises because the Premises did not have permission for external seating.  Mr Spiegler also advised that the Applicant was happy to reduce the figure from 20 to 15 person seated for consumption of alcohol only before 9pm if that would give the Sub-Committee some reassurance that the Premises was not going to turn into a themed bar.

 

Mr Simpkin, Policy Advisor, confirmed that this application should be considered under the new revised policy that only came into effect on the 1 October 2021.  He advised that from he had heard from the Applicant this application would sit within the Council's new shops Policy.  He advised that Mr Brown had raised the point that it did not specifically fit within that definition, however, the Council had always taken the approach when considering applications that it would look at the most appropriate policy to the operation and the proposal being put before the Sub-Committee.  He explained, therefore, bearing this in mind paragraph F158 clearly states that from 9:00 PM onwards the Premises would need to demonstrate that they would not add to cumulative impact and that was something for the Sub-Committee to bear in mind and Paragraph F159 sets out that limited supply of alcohol for consumption on the Premises was permitted under this policy and the limited nature of this alcohol would need to be demonstrated by the Applicant.  He added again this was something for the Members to determine as to whether they considered that the Applicant was providing a limited provision of alcohol sales on the Premises. 

 

Mr Simpkin further referred to paragraph F161 which referred to shops providing entertainment to provide a draw to an establishment and advised that this was an experiential retail Premises and therefore it covered the crux of what the policy was put in place for which was to draw customers to retail Premises that provided a greater array of experiential activities in addition to just retail sales.  Mr Simpkin then explained that the new policy needed to be considered alongside the council's core hours policy and the need to demonstrate that the Premises would not add to cumulative impact; and that this was a matter for the Members to determine.

 

Mr Spiegler advised that capacity would be reduced as there would be less people visiting the Premises specifically for full licensable activities but instead to take part in wand making, the magical experience of the Premises and the retail offer.  He further asked that if the Sub-Committee were minded to stop the consumption of alcohol at 21:00 that they be given some drinking up time.  He reminded the Sub-Committee that the Premises already had a license which allowed licensable activities until core hours.  He finished by advising that this was going to be a very special cultural entertainment venue which would enhance and add value to the West End offer.

 

Mr Spiegler confirmed that the proposed conditions to be added to the Premises Licence if granted, were proportionate and appropriate to promote the licensing objectives.

 

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 Environmental Health Service and the Metropolitan Police Service had withdrawn their representations and conditions had been agreed with the Applicant.  The Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not add to negative cumulative impact in the Cumulative Impact Area and thus promote the licensing objectives.  

 

In reaching its decision, the Sub-Committee took into consideration that the conditions had been agreed with all the responsible authorities, that the Council was activity encouraging these types of business to come to the West End to draw customers to retail Premises and that alcohol was not the main part of the business.  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 and, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives, , the Committee has decided: - 

 

1.        To grant the changes to the authorised layout of the premises as shown on the plans appended to the application, including the addition of the basement and third floor to the licence demise.

 

2.        To add conditions in the terms specified below.

 

3.        To amend existing premises licence condition 17 and 26 in the terms specified below.

 

4.        To add authorisation for the sale of alcohol for consumption off the premises from 11.00 to 23.00 Monday to Saturday and from 12.00 until 22.30 on Sundays.

 

5.        To add the conditions agreed with the Metropolitan Police.

 

6.        That the varied licence is subject to any relevant mandatory conditions.

 

7.        That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.

 

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

 

The Committee also discussed condition 15 below in more detail, and anticipate that on satisfying the ‘works’ condition 27, checks will be made by the Environmental Health Office to ensure adequate facilities will be available for proper disposal of cigarette remains

 

Conditions imposed by the Committee after a hearing

 

9.        A record shall be kept detailing all refused sales of alcohol. The record shall 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.

 

10.      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, which 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 or searching equipment or scanning equipment

(g) any visit by a relevant authority or emergency service.

 

11.      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 preceding 31 day period.

 

12.      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.

 

13.      A Zero Tolerance Policy towards the use, possession and supply of illegal drugs shall be adopted and enforced.

 

14.      No externally promoted events shall take place at the premises.

 

15.      No open drinks shall be permitted to leave the premises at any time and no more than 10 patrons from the premises will be permitted outside for the purpose of smoking at any one time.

 

16.      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.

 

17.      Alcohol may only be supplied to:

a) Persons attending a pre booked and bona fide private:

(i) magical/theatrical experience;

(ii) class or seminar;

(iii) function or event; or

 

b) Persons on the ground, first, second or third floors which shall operate as a restaurant:

 (i) in which customers are shown to their table,

 (ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iv) which do not provide any take away service of food or drink for immediate consumption,

(v) which do not provide any take away service of food or drink after 23:00 and

(vi) where alcohol shall or be sold or supplied, otherwise than for consumption by persons who are seated in the restaurant and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals; or

 

Notwithstanding condition [17], alcohol may be supplied before 21:00 on the ground, first, second or third floors by up to a maximum at any one time of 15 seated persons.

 

18.      Substantial food and suitable beverages other than intoxicating liquor shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

 

19.      There shall be no take away of hot food or hot drink after 23.00 hours.

 

20.      After 21:00 hours all external doors and windows to be kept closed save for Immediate access and egress of persons.

 

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

 

22.      Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.

 

23.      No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.

 

24.      Deliveries to the premises shall only take place between 0800 and 2300 hours.

 

25.      During the hours of operation 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 the aforementioned 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.

 

26.      The number of persons permitted on the premises for licensable activities at any one time (excluding staff) shall not exceed 50.

 

27.      No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the licensing authority. Amended plans shall be substituted and lodged with the Licensing Authority in the event there has been minor changes to layout.

 

28.      The sale and supply of alcohol for consumption off the premises shall be restricted to sealed containers only, except for alcohol consumed at areas, appropriately authorised for outside tables and chairs which shall be served by waiter or waitress service, served only to persons seated.

 

29.      The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a shop and venue providing magical and theatrical entertainment.

 

30.      Alcohol shall only be sold for consumption by persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted.

 

31.      A register of persons booking 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.

 

32.      On the Day of London Pride:-

 

i. Alcohol sales (Off Sales) in respect of cans of beer or cider are limited

to no more than 4 cans per person.

ii. The premises will not externally advertise local promotions of alcohol.

iii. No off sales of alcohol in bottles or glass containers are made during

this period.

iv. Upon the direction of a Police Officer, using the grounds of the prevention of crime and disorder or public safety, the premises will immediately cease to sell alcohol until further directed by the Police.

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

28 October 2021