Agenda item

Trocadero Hotel, Sky Bar and Lounge, 13 Coventry Street, W1D 7DH

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James

West End*

None**

Trocadero, Sky Bar and Lounge,13 Coventry Street,   W1D 7DH

New Premises Licence

21/06624/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 11 November 2021

 

Membership: Councillor Karen Scarborough (Chairman) Councillor Heather Acton

and Councillor Aicha Less

 

Officer Support:       Legal Advisor:         Viviene Walker

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Emanuela Meloyan

 

Application for a New Premises Licence in respect of Trocadero Hotel – Sky Bar & Lounge 13 Coventry Street London W1D 7DH – 21/06624/LIPN

 

Premises

 

Trocadero Hotel – Sky Bar and Lounge

Trocadero

13 Coventry Street

London W1D 7DH

 

Applicant

Trocadero (London) Hotel Ltd & Tao Group Operating LLC

Represented by Lisa Sharkey (Solicitor, Poppleston Allen), James Burfitt (Trocadero (London) Hotel Ltd, Michael Neuner (VP of Operations UK for Tao Group Operating LLC) and Sylvain Alleman (Senior Operations Director UK for Tao Group Operating LLC)

 

Cumulative Impact Area?

 

West End

 

Ward

 

St James’s

 

Proposed Licensable Activities and Hours

Sale of Alcohol (Indoors and Outdoors)

Monday to Sunday 10:00 to 03:00 hours.

 

Seasonal Variations: On the morning of British Summertime the terminal hour shall be extended by one hour.  For Hotel residents and guests 24 hours.

 

Late Night Refreshment (Indoors and Outdoors)

Monday to Sunday 23:00 to 03:00 hours.

 

Seasonal Variations: On the morning of British Summertime the terminal hour shall be extended by one hour.  For Hotel residents and guests 24 hours.

 

Live Music (Indoors and Outdoors)

Monday to Sunday 10:00 to 03:00 hours.

 

Recorded Music (Indoors and Outdoors)

Monday to Sunday 10:00 to 03:00 hours.

 

Performance of Dance (Indoors and Outdoors)

Monday to Sunday 10:00 to 03:00 hours.

 

Seasonal Variations: On the morning of British Summertime the terminal hour shall be extended by one hour. For Hotel residents and guests 24 hours.

 

Opening Hours of the Premises

Monday to Sunday 00:00 to 00:00 hours.

 

Representations Received

·       Metropolitan Police Service (PC Lewis)

·       Environmental Health Service (Ian Watson)

·       Licensing Authority (Jessica Donavan

 

Summary of issues raised by objectors

 

·       The Environmental Health Service (EHS) were concerned that the proposals were likely to increase the risk of Public Nuisance and the Licensing Authority were concerned that the proposals would have the likely effect of adding to the cumulative impact in the West End Cumulative Impact Area.

·       The Metropolitan Police Service were concerned that if the application was granted it would undermine the Licensing Objectives and would cause further policing problems in an already demanding area.

 

Policy Position

 

Policies CIP1, HRS1 and COMB1(B) apply under the City Council’s Statement of Licensing Policy.  The Premises are located within the West End Cumulative Impact Zone, and as such, the Applicant must demonstrate that the application would not add to Cumulative Impact in the West End Cumulative Impact Zone.

 

 

SUBMISSIONS AND REASONS

 

Ms Emanuela Meloyan, Senior Licensing Officer, summarised the application set out in the report before the Sub-Committee.  She advised that the application was for a New Premises Licence which intended to operate as a hotel with bar, restaurant and entertainment facilities.  She further advised that representations had been received from the Environmental Health Service, Metropolitan Police Service and the Licensing Authority.  No representation had been made by residents or resident associations.  The Sub-Committee noted that the Premises are situated within the St James’s Ward and in the West End Cumulative Impact Zone.

 

Ms Sharkey, representing the applicant, addressed the Sub-Committee and advised that this application had been brought before the Sub-Committee in April 2021 and had been refused as the Applicant had not been able to demonstrate why the application was an exception to the Council’s Policy.  Ms Sharkey outlined that James Burfitt was in attendance, the landlord of the Trocadero and the landlord of the hotel that had been constructed within the Trocadero, the Rain Forest Café and the Piccadilly Institute.  She outlined that if this application for the hotel was granted today, the Applicant would make an application for a new restaurant licence with a holding bar until midnight in relation to the Rain Forest café (the current night club licence allowed a 3am finish and a capacity for 620 persons) and in addition he would be making an application to vary the Premises Licence for Piccadilly Institute to reduce the capacity by 380 persons.  She explained that she had submitted all three applications together however the Licensing Service had advised the Applicant to let this application be determined initially by the Sub-Committee.

 

Ms Sharkey advised that the Applicant was aware that he had to satisfy the Sub-Committee on the grounds that the application was an exception to policy.  She referred to the council’s policy at paragraphs F54 and F87 and explained that the application was demonstrating exceptional circumstance as the Applicant was surrendering back a 1000 capacity in the West End Cumulative Impact Area along with a 3am night club licence.  She advised that she had written to the resident who had objected to the original application in April reassuring him that certain conditions would be attached to the licence.  The resident was now satisfied with the application and had not submitted another objection.

 

Ms Sharkey advised that the Sub-Committee needed to be satisfied with the operation of the Premises and asked Michael Neuner (VP of Operations UK for Tao Group Operating LLC) to address the Sub-Committee.  Mr Neuner gave the Sub-Committee a background to the Tao Group and confirmed that they owned Hakkason which have sites in Hanway Place and Mayfair.  He advised that he represented a company that specialised in luxury restaurant and retail hotels at an industrial level that served around 800 guests per day within a multi-purpose Premises.  He advised that the main entrance was located on the ground floor where three of the six lifts holding 28 guests each would go directly to the 12th and13th floor.  He advised that situated on the 12th floor there were four different areas that patrons could use with wonderful views and on the 13th floor there was a flexible banqueting multi-functional room for weddings, birthdays and conferences.  He further advised that the club room was situated on the 13th floor where there was bottle service sold by the table and entertainment. He emphasised that over £20 million had been spent on the two floors and the hotel needed the flexibility to operate multi-functionally to make it financially viable.  He confirmed that there was no dance floor.  He advised that he was aware that there had been about vertical drinking but confirmed that they were very experienced in running these types of operation.

 

Ms Sharkey advised the Sub-Committee of the following features of the hotel:

·       the hotel was able to allow between 70 and 130 people to queue in the lobby area to remove people whilst waiting to enter the hotel via Rupert Street.

·       three out of the six lifts in the lobby area would take people directly to the 12th and 13th floor and a person could only enter the hotel via one of the lobby lifts.

·       customers would be exiting the hotel from Shaftesbury Avenue after midnight. 

·       customers would be allowed to smoke on the terrace area and would not be required to go down the lift onto the street.

·       there was an internal staircase that went between the 12 and 13th floor.

·       the club area was not set out as a traditional nightclub and had lots of seating.

 

Ms Sharkey advised that the Applicant had proposed additional conditions on the Premises Licence including having noise control and traffic marshals to monitor customers arriving and leaving the Premises. She further advised that all the proposed conditions from the Responsible Authorities had been agreed apart from two conditions proposed by the Police.  She referred to page 154 of the report, condition 50, the glass condition, and advised that they were happy with this if the following wording be added to it ‘with the exception of the function room….’ as this is the area the Applicant would want the ability to use glassware.  She then referred to page 157 of the report, condition 69, regarding ID scanning of all customers after 11pm.  She confirmed that the Applicant did not wish to ID scan all customers but base the decision on risk as there was no evidence of significant risk of violence on the Premises and not all people carry ID with them. She also confirmed that the Applicant had agreed to the wave training proposed condition.

 

In response to the questions from the Sub-Committee, Ms Sharkey advised that the Rain Forest Café was currently operated as a restaurant but could revert to being a nightclub.  She advised that this option would be taken away if the licence was surrendered and added that the new Premises Licence would have a reduced capacity and the Council’s model conditions attached to it making it easier for the Police to control.  Ms Sharkey advised that this was not a drink led establishment and that to maximum profits the Applicant needed as many opportunities as possible to sell food and drink to its customers.  She stated that the operator did not want to scan everyone coming into the club area as it slowed down the queue. She explained that customers would enter the Premises via Rupert Street up to 2am and exit the Premises after midnight via Shaftesbury Avenue.  She confirmed that there was no dedicated dance floor on the 12th floor.

 

Mr Watson, representing the Environmental Health Service (EHS), advised that although the Applicant was a world class operator the Sub-Committee needed to look at the location of the Premises, the impact and the promotion of the licensing objectives.  He advised that EHS had proposed conditions regarding the capacity of the two floors which would not exceed 1000 capacity and would be determined after EHS visited the Premises.  He explained that Rupert Street had both commercial and residential properties however most of the commercial properties operated within the Council’s core hours policy which was why EHS had suggested having the internal holding area and that customers exited after midnight onto Shaftesbury Avenue.  He welcomed that smokers could use the terrace on the 12th floor instead of causing an obstruction on the pavement.  He added that all rubbish collections were organised internally in the building.  He explained that customers could move between the two floors using the internal staircase and that the council’s model noise conditions would be attached to the Premises Licence.  He advised that he was happy for the two nightclub Premises Licences to be surrendered to the Council as they had very few conditions attached to them which made it difficult for the Responsible Authorities to control the two Premises.

 

PC Lewis, representing the Metropolitan Police Service, advised that the Police had maintained their representation on policy grounds, the hours sought by the Applicant and the prevention of crime and disorder.  He advised that the venue was in the West End Cumulative Impact Area, a locality where there were traditionally high levels of crime and disorder and the Police have concerns that this application would cause further policing problems in an already demanding area because of the late hours requested.  He outlined that the proposed conditions had been agreed with the Applicant except for two conditions which were the use of glass containers and the need for ID scanning after 11pm.  He advised that he was happy with the additional wording to be added to condition 50 however he insisted that the condition regarding the IT scanning, condition 68, be attached to the Premises Licence as IT scanning acted as a deterrent for underage drinking, bad behaviour and flagged up people who had caused problems in other Premises. 

 

Mr Neuner advised that he had added additional SIA door security at their other Premises in London because of the increase in anti-social behaviour and confirmed that he would work with the Police to prevent and tackle crime and disorder.  He advised that it was crucial for the business to be open until 3am to maximise profits and that people tended to go out and stay out later these days.  Ms Sharkey advised that the current Premises Licence allowed the Premises to remain open until 2am.  She emphasised again the benefits of surrendering the two-night club Premises Licence.  Mr Neuner advised it was unlikely that they would ever have a 1000 capacity except maybe when they held corporate events on the 13th Floor. 

 

Ms Jessica Donavan, representing the Licensing Authority, confirmed that the Premises were located within a CIA and therefore policies CIP1 and RTN1(B) applied. She advised that it was therefore for the Sub-Committee to determine if this Premises would add to the cumulative impact in the West End area.

 

Mr Neuner emphasised that he would accept condition 68 if it began at midnight.  PC Lewis emphasised that he would prefer condition 68 to start from 11pm and that IT scanning acted as a deterrent to anti-social behaviour and underage drinking. Ms Sharkey confirmed that she would accept condition 50 with her suggested additional wording added in front of the condition.

 

Conclusion

 

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

 

The Sub-Committee were mindful of the fact that the premises do not have a bar and on that basis vertical drinking would not be encouraged at the premises.  Having regard to the submissions made during the course of the hearing, the Sub-Committee concluded that the Applicant had provided valid reasons as to why the granting of the application would be an exception to policy and not add to negative cumulative impact in the Cumulative Impact Zone.

 

In reaching its decision, the Sub-Committee took into consideration that the operator was very experienced and already successfully managed Premises in Mayfair and Hanway Place and that the landlord was offering to surrender two existing night club Premises Licences to reduce the overall capacity of two Premises in the West End Cumulative Impact Area. The Sub-Committee noted that conditions had been agreed with all the Responsible Authorities except for the need for customers to be IT scanned from 11pm onwards.  The Sub-Committee after consideration decided that IT scanning should start from 11pm for the prevention of crime and disorder in the Premises.  The Sub-Committee were also of the opinion that the nature and operation of the Premises would not cause concern and in addition the conditions imposed on the premises licence were appropriate and would ensure that the licensing objectives were promoted.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the circumstances of this application and the promotion of the licensing objectives to grant the application with the following permissions:

 

1.        To grant permission for Live Music (Indoors and Outdoors) Monday to Sunday 10:00 to 03:00 hours.

 

2.        To grant permission for Recorded Music (Indoors and Outdoors) Monday to Sunday 10:00 to 03:00 hours.

 

3.        To grant permission for Performance of Dance (Indoors and Outdoors) Monday to Sunday 10:00 to 03:00 hours.

 

4.        To grant permission for Seasonal Variations: On the morning of British Summertime the terminal hour shall be extended by one hour. For Hotel residents and guests 24 hours.

 

5.        To grant permission for Late Night Refreshment (Indoors and Outdoors) Monday to Sunday 23:00 to 03:00 hours.

 

6.        To grant permission for Seasonal Variations: On the morning of British Summertime the terminal hour shall be extended by one hour. For Hotel residents and guests 23:00 to 05:00 hours.

 

7.        To grant permission for the Sale of Alcohol (Indoors and Outdoors) Monday to Sunday 10:00 to 03:00 hours.

 

8.        To grant permission for Seasonal Variations: On the morning of British Summertime the terminal hour shall be extended by one hour.  For Hotel residents and guests 24 hours.

 

9.        To grant permission for the Opening Hours of the Premises Monday to Sunday 00:00 to 00:00 hours.

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

11.    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.     There shall be no sales of hot food or hot drink for consumption off the

premises after 23:00 hours except to hotel residents and their bona fide guests.

 

11.      (a) On the 12th floor, seating shall be provided internally and on the terrace for a minimum of 70% of those that can be accommodated in that area. Waiter/waitress service shall be available to all customers seated throughout the 12th floor.

 

(b)  On the 13th floor, the sale of alcohol shall be ancillary to music and dancing and substantial refreshment within the Clubroom and, within the Flex Event Space it shall be ancillary to pre-booked or ticketed events and/or functions and dining.

 

12.     Where permitted to use the entrance on Rupert Street for admission to the premises beyond midnight and until the terminal hours for admissions then the area hatched green (on the right of Rupert Street entrance lobby) shall be secured as an overflow holding area that can be used by management and the door team to increase the available space for customers to queue internally whilst waiting for admission to the 12th and 13th floors.

 

13.      There shall be no dance floor on the 12th floor, including the roof terrace.

 

14.      For any pre-booked event or occasion involving a licensable activity when a guest list is in operation, only a director of the managing company, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager will be authorised to add additional names to the guest list. Any additions less than 48 hours before the prebooked event or occasion must be legibly entered on the list and signed for by the Director, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager. This list will be kept for a period of 28 days following the event and will be made available immediately for inspection upon request by a Police Officer or authorised Council Officer.

 

15.      All windows and external doors leading to the 12th floor roof terrace shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.

 

16.      Admission to the 12th and 13th floor licensed areas from the street by members of the public shall only be via the ground floor Sky Bar lift lobby.

 

17.      No alcohol shall be consumed by customers more than 30 minutes after the permitted terminal hour for the supply of alcohol. (This shall not apply to hotel residents and their bona fide guests). Guests limited to 5.

 

 

18.      (a) From 21:00 hours a minimum of 2 door staff shall be on duty in the ground floor lobby area and a minimum of 1 on duty on the 12th and 13th floors whilst open to the public (excludes hotel residents and bona fide guests) for licensable activities. This shall be increased to a ratio of 1:75 (or part thereof) from 22:00 hours on the 12th and 13th floors until those areas are closed to the public for licensable activities.

(b) Prior to 21:00 hours, the need for door staff shall be determined by risk assessment carried out by the DPS.

(c) On any occasion prior to 21:00 hours where the premises are open to the public and no door staff are on duty then a member of staff shall be on duty in the ground floor lobby area to meet and greet customers.

 

19.      At least one member of door staff deployed to the ground floor and to each floor (12th and 13th) from 21:00 hours (as required by condition 18) shall wear a Body Worn Video Camera capable of recording audio and video in any light condition as per the minimum requirements of the Westminster Police Licensing Team. All recordings for BWV 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 officers throughout the preceding 31-day period.

 

20.      When Body Worn Video systems are in use then they will be deployed immediately during any verbal altercation or use of force by any member of staff. All ejections shall be recorded on BWV.

 

21.      All staff engaged in the use of Body Worn Video shall receive relevant training to ensure they are confident in its use. A record will be kept on the premises of which staff have been trained. This record will be available to the relevant authority for inspection upon request and shall be retained for a minimum of 12 months.

 

22.      (a) The premises shall install and maintain a comprehensive CCTV and Body Worn Video system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points, lifts (internal area) and lift areas 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. 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. 

 

(b)  The CCTV system shall provide coverage of the external area outside all public entrances. It shall provide coverage of queues to enter the premises and designated smoking areas, customer search areas and vehicle drop off areas by the entrances.

 

23.      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 for licensable activities. 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 (including where applicable any Body Worn Video system) subject to Data Protection requirements.

 

24.      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 subject to Data Protection requirements. 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) any faults in the CCTV or Body Worn Video system, search wands

           f) any refusal of the sale of alcohol,

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

           h) all seizures of drugs or offensive weapons.

 

25.      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, military ID, biometric resident permit or proof of age card with the PASS Hologram.

 

26.      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.

 

27.      A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

28.      (a) Loudspeakers shall not be located in the ground floor entrance lobby unless there is a sound lobby, or outside the premises building.

(b)  On the 12th floor external terrace, live music (which does not involve percussion) shall be permitted until 22:00 hours and recorded music permitted until 00:00 hours. Live music, (including percussion) and recorded music shall however be permitted beyond these times and until 03:00 hours if the external terrace is enclosed with a retractable roof to the satisfaction of Environmental Health Service.

 

29.     There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under a Sexual Entertainment Venue Licence.

 

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

 

31.      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.

 

32.      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.

 

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

 

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

 

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

 

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

 

37.      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.

 

38.      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.

 

39.      With the exception of fresh produce, no deliveries to the premises shall take place between 23:00 hours and 08:00 hours the following day.

 

40.      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.

 

41.      The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by SIA trained personnel so as to ensure that there is no public nuisance or obstruction to the public highway.

 

42.      There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises directly off the street.

 

43.      Any events which are not pre booked private or corporate events but are externally promoted events shall be risk assessed. A documented risk assessment will be completed 10 days prior to the event and retained for a minimum of 31 days afterwards and be made immediately available for viewing by the Responsible Authorities upon request. When carrying out the risk assessment for the event and holding the event, the premises will take into account any reasonable advice received from the Metropolitan Police.

 

44.     A representative of the Premises Licence Holder shall attend the local Pub watch meetings.

 

45.      There shall be No entry/Re-entry (excluding persons exiting to smoke) to the premises after 02:00 hours on each day.

 

46.     An attendant shall be on duty in the cloakroom during the whole time that it is in use.

 

47.      (a) An attendant shall be on duty in the male and female toilets areas (within the licensed area) from 21:00 hours daily until the premises are closed to the public (excluding hotel residents and bona fide guests).

(b) Attendants shall be equipped with a means of alerting security without delay, e.g., radio, BWV, or personal alarm which shall be kept on their person.

 

48.      No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign, or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.

 

49.     With the exception of the function room, after midnight all drinking vessels used in the venue shall be made from a sustainable material other than glass. All drinks in glass bottles are to be decanted into non glass containers or non-glass carafes prior to being served, with the exception of champagne, wine, or bottles of spirits with a minimum size of 70 CL supplied by way of waiter/waitress service to tables. Staff shall clear all empty champagne and spirit bottles promptly from the table. Customers shall not be permitted to leave their table carrying any such glass bottle or drink directly from the bottle.

 

50.      From 23:00 hours, a full pat-down search of all entrants and bag search, shall be conducted by properly trained security staff of the appropriate gender. Searching will be supplemented using two functional metal detecting wands. All searches will be covered by the premises CCTV system. Prior to 23:00 hours, searching shall be based on a risk assessment by designated security staff.

 

51.      After 21:00 hours, designated queuing and smoking area shall be enclosed within appropriate barriers to ensure that the footway is kept clear and constantly monitored by security personnel and/or staff. There shall be a limit of 12 smokers at any one time.

 

52.     In the event that an assault involving an injury or of a sexual nature is committed on the premises (or appears to have been committed), the management will immediately ensure that:

a. the Police (and, where appropriate, the London Ambulance Service) are called without delay;

b. all measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police;

c. the crime scene is preserved so as to ensure a full forensic investigation to be carried out by the Police;

such other measures are taken (as appropriate) to fully protect the safety of all persons on the premises.

 

53.     Where the premises are open for the sale of alcohol for consumption on the premises (other than hotel residents and bona fide guests) then from 22:00 hours a Personal Licence Holder shall be on duty.

 

54.      When accessible to customer after 22:00 hours for smoking then the designated smoking areas on the 12th floor terrace shall be monitored by at least one door supervisor and shall be covered by the venue’s CCTV system.

 

55.      After 22:00 hours, all security engaged outside the entrance to the premises, or supervising or controlling queues outside the premises, shall wear high visibility yellow jackets or vests. Security staff shall display their SIA a licence at all times went on duty. At the commencement of duty, all security personnel must have their names and licence number logged with date and time. Names must be legible and appropriate for a legal document. The log shall be made available for inspection of the Responsible Authorities upon request and be retained for a minimum of 31 days.

 

56.      After 22:00 hours, registered door supervisors shall ensure that the specified capacities are adhered to at all material times. Before 22:00 hours registered door supervisors and/or staff shall ensure that the specified capacities are adhered to at all material times. A daily log is to be maintained to ensure that any capacity limit set is recorded hourly and can be properly monitored. Information regarding the capacity will be given to an authorised officer or Police officer on request.

 

57.      A traffic marshal shall be employed by management from 22:00 hours on Friday, Saturday and any other time deemed necessary by the Premises Licence Holder. They shall remain on duty until all customers have left the immediate vicinity of the premises to ensure, as far as reasonably practicable, there is no obstruction on Rupert Street in the immediate vicinity of the premises from customers or vehicles linked to the premises. The Traffic Marshall shall wear a high visibility jacket of a different colour to those worn by SIA door staff and marked ‘traffic marshal’ to be clearly identifiable in this role and equipped with a radio link to security.

 

58.      (a) SIA door staff shall from midnight until the premises are closed to the public (plus 30 minutes), monitor Rupert Street and Shaftesbury Avenue to encourage the quiet dispersal of customers.

(b) Designated street marshals and noise control officers will be deployed as identified from time to time, from midnight.

 

59.     Customer facing front of house staff shall receive at least basic training in Conflict Management provided by a qualified source. Training records for such staff shall be kept on the premises and provided to the Responsible Authorities for viewing upon request.

 

60.      (a) After 21:00 hours, the lift lobby area on the ground floor shall be monitored by at least one SIA door supervisor who shall direct patrons into lifts which are designated for use by the 12th and 13th floors. Those lifts will have CCTV cameras fitted within the lifts.

           (b) During high-risk times as identified by the Premises Licence Holder, door staff shall ride in the lifts with guests.

(c) Upon disembarking, there will be a reception area to greet patrons on the 12th and 13th floors before they are directed to the relevant area of the premises.

 

61.      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 front of house 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.

 

62.     No licensable activities shall take place at the premises until the premises have 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.

 

63.      Before the premises open to the public the plans as deposited will be checked by the Police and Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority. This condition shall be removed by the Licensing Team once satisfied.

 

64.      The maximum number of persons permitted on the premises at any one time (excluding staff) shall not exceed:

           a.  12th Floor xxx persons;

           b.  13th Floor xxx persons

           With no more than 1000 persons at any one time.

 

No licensable activities shall take place at the premises until the capacity of the 12th and 13th floors 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.

 

65.     The applicants contend that this application can be treated as an exception to policy upon the basis of the following:

(a) Premises Licence 15/02410/LIPT relating to 1-4 Leicester Square (which the first applicant previously offered to surrender when Licence 18/00656/LIPN was granted), together with Licence 18/00656/LIPN, will be surrendered subject to the grant of this application;

          (b) Premises Licence 20/03425/LIPDPS relating to the Rainforest Cafe at 20-24 Shaftesbury Avenue will be surrendered by the first applicant, subject to the grant of the linked application described below (66a) and the satisfaction of works conditions relating to this application and the application described at 66(b);

(c) The capacity for the Piccadilly Institute stated within Premises Licences 19/09064/LIPN and 21/04481/LIPDPS shall be reduced by 380 as a result of the linked application described below (66b).

 

66.      To support the exception to policy argument, the below linked applications will be submitted following the grant of this licence application:

(a) New Premises Licence application for the Rainforest Café at 20-24 Shaftesbury Avenue authorising the use of the premises as a restaurant (with a holding bar) until midnight;

(b) Two minor variation applications to reduce the capacity for the Piccadilly Institute by 380 persons. 

Conditions 65 and 66 above to be removed upon satisfaction of the works conditions at 62 to 63 above, and to a works condition which will be incorporated in the application referred to at Condition 65 (b).

 

67.      A copy of the dispersal policy shall be available on the premises for inspection.

 

68.      (a) After 23:00 hours, all customers entering the premises shall have their ID scanned on entry, save for when a biometric scanning system is in place. The details recorded shall include a live facial image capture of the customer and capture the photographic identification produced. The details recorded by the ID scanner system shall be made available to the Police and the Local Authority upon request.

(b) The requirement in (a) above is subject to the following exceptions, namely that a maximum number of (25) guests per night may be admitted at the Managers discretion without necessarily photo ID being scanned and recorded. The admission of such guests however shall be in accordance with the following procedure:

(i) The DPS shall approve in writing the names of a maximum of three managers other than him/herself who are authorised to sign in such guests.

(ii) A legible record (the signing in sheet) of those guest’s name shall be retained on the premises for inspection by the Licensing Authority and Police for a minimum period of 31 days. The name of the DPS approved manager authorising the admission will also be recorded by that manager,

(iii) Guests shall be required to produce some form of ID such as a bank card (or emailed electronic photo ID) and ID scan entry with a live photo shall be created.

(iv) Where there are appropriate reasons for a guest not to be able to produce ID and be subject to ID scan, the Approved Manager may still permit entry. In such circumstance he shall also record the reasons for this in the signing in sheet.

(c) Notwithstanding (a) above, patrons who are attending a pre-booked private event at the premises do not need to have their ID Scanned on entry and instead a written guest list shall be held at reception for the event and will be retained for 31 days after the event for inspection by the Police and responsible authorities upon request.

 

 

69.      All front of house staff at the premises shall receive Welfare and Vulnerability Engagement (WAVE) training by a qualified trainer, and once every 12 months thereafter.  The date the training was provided and signed confirmation from the member of staff shall be recorded and made available for inspection by the Responsible Authorities upon request.

 

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

11 November 2021

 

 

Supporting documents: