Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Bayswater   *  None   ** Queensway and Bayswater	The Princess Royal 47 Hereford Road W2 5AH	Premises Licence Variation	21/13833/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE No.4

(“The Committee”)

 

Thursday 17 February 2022

          

Membership:           Councillor Karen Scarborough (Chairman)

Councillor Susie Burbridge

Councillor Aicha Less

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Kisi Smith-Charlemagne

                                Presenting Officer:  Kevin Jackaman

                       

Application for a Premises Variation Licence in respect of The Princess Royal

47 Hereford Road London W2 5AH21/13833/LIPV

 

Other Parties Present: Mr Niall McCann – Keystone Law Solicitors (Applicant)

Mr Georgie Pearman Director of Cubitt House Limited Material Facts (Applicant), Mr Ian Watson Environmental Health Service, Mr Richard Brown Westminster’s Citizens Advice, Mr John Zamit Chairman South East Bayswater Resident Association, Mr Robert Annibale Hereford Mansions Residents Association,Ms Gina Thomas Hereford Mansions Residents Association,Mr Yuval Zommer Hereford Mansions Residents Association, Mr David Moss Hereford Road Association

 

Premises

 

47 Hereford Road London W2 5AH

                                                

Applicant

 

Cubitt House Limited

 

Cumulative Impact Area

 

None

 

Special Consideration Zone

 

Queensway and Bayswater

 

Ward

 

Bayswater

 

 

 

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises are a Public House. The Applicant seeks  to amend the Premises Licence as follows:-

 

·       The layout of the Premises in accordance with the submitted plans.

·       To amend the hours in relation to opening, late night refreshment and the sale of alcohol. 

·       To add, remove and amend conditions. 

 

The Applicant wishes to renovate the site and open a food led pub with letting rooms above to be called The Princess Royal, in a similar manner to other pubs in the group. The application provides for the reconfiguration of the outside areas so that Area 2 on the current approved plan and the conservatory area can be used for drinkers/diners, with the terminal hour for use of the outside areas extended until 22:00 for all outside areas. The application also seeks to reduce the terminal hour for the sale of alcohol and opening in addition to the removal, modification and adding of conditions.

 

The Premises are  located within the Bayswater Ward and Bayswater and Queensway Special Consideration Zone. The West End Cumulative Impact Zone does not apply.

 

There is a resident count of 193.

 

Activities and Hours applied for

 

Regulated Entertainment:

 

Monday to Wednesday 10:00 to 23:00 Thursday to Saturday 10:00 to 23:30 Sunday 12:00 to 22:30

 

Seasonal Variations:Sundays before Bank Holidays: 12:00 to 23:30

Licensable activities shall be permitted on 1st January to 01:00 with provision of Late Night Refreshment until 01:30

 

Late Night Refreshments: Indoors

 

Monday to Wednesday 23:00 to 23:30 Thursday 23:00 to 00:00 Friday and Saturday 23:00 to 23:30 Sunday N/A

 

Seasonal Variations:Sundays before Bank Holidays: 23:00 to 00:00

Licensable activities shall be permitted on 1st January to 01:00 with provision of Late Night Refreshment until 01:30

 

Sale by Retail of Alcohol: On and Off Sales

 

Monday to Thursday 10:00 to 23:00 Friday to Saturday 10:00 to 23:30

Sunday 10:00 to 22:00

 

Seasonal Variations: Sundays before Bank Holidays: 10:00 to 23:30

Licensable activities shall be permitted on 1st January to 01:00 with provision of Late Night Refreshment until 01:30

 

Opening Hours of the Premises

 

Monday to Thursday 08:00 to 23:30 Friday to Saturday 08:00 to 00:00

Sunday 10:00 to 22:30

 

Seasonal Variations: Sundays before Bank Holidays: 08:00 to 00:00

On 1st January the premises shall close 30 minutes after the end of licensable activities. Opening hours will be 24 hours a day for residents

 

Layout Alterations

 

Ground Floor

 

·        Strip out existing bar and banquette seating

·        Allow for new central horse shoe bar

·        Multiple new banquette seating as illustrated

·        Retain kitchen as existing, minor alterations to kit

·        Cover pergola in polycarbonate sheeting

 

First Floor

 

·        Strip put existing external fire stair

·        Form 4no. new bedrooms within first floor ancillary space

·        Omit Gents toilets forming unisex toilet

·        Retain private dining rooms as existing with exception of new access via     supply kitchen to form protected lobby from bedrooms

·        Office & Staff facilities to be retained as existing

 

Proposed conditions being varied

 

9.        Adequate sound proofing to the Conservatory wall abutting Hereford Mansions shall be affected.

 

11a.    The private front area as shown hatched green on the plan. This will be the designated smoking area (which will be physically separated by way of barrier to keep the public pavement clear) and licensed for seated consumption of food and beverages only. No stand up drinking shall be allowed and this area shall be limited to a maximum of 15 customers at any time. All tables and chairs shall be removed from this area or rendered unusable at 22.30 each evening. The smoking area shall cease to be utilised to coincide with closure of the premises.

 

24.      No rubbish shall be moved, removed or placed in outside areas between 22:30 hours and 08:00 hours and no bottles shall be moved, removed or placed in outside areas between 19:00 hours and 10:00 hours.

 

27.      All persons under 18 years of age shall not be allowed to remain on the premises after 21:00 hours (unless they are attending a private function or dining and accompanied by an adult), or when happy hours or similar promotions are in operation.

 

29.      Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises except for the areas marked on the plan and used as a deli and market garden (Area 2) respectively during the hours of such operation. The only licensable activity permitted whilst the conservatory area is used as a deli will be the sale of alcohol for consumption off the premises.

 

42.      Garden Area 3. In this area alcohol will be ancillary for only seated patrons dining with waiter/waitress service, conditional that the area is vacated by 20:00 hours during GMT extended to 21:30 hours during BST. The maximum capacity of patrons should be no more than 45 persons. No barbecues or gas heaters to be allowed in this area.

 

Conditions being removed

 

12.      Area 2. The open area as shown to the front right side as shown on the plan. a. Such use will be subject to no tables and chairs being permitted in this area and to customers and staff not being permitted to smoke or take any refreshment there and the area shall be laid out to have restricted width passage for customers to enter and leave only. A manned reception desk shall be situated within the conservatory. b. The existing gates shall be locked from 22:30 until 08.00 each day and entrance/exit shall then be via the central lobbied doors. c. No barbecues or gas heaters to be allowed in Area 2 at any time.

 

28.      The capacity for these premises shall not exceed 150 including staff and performers.

 

31.      A noise limiter located in a separate and remote lockable cabinet from the volume control shall 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's Community Protection Department 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 to the satisfaction of officers from the Environmental Health Service. The keys securing the noise limiter cabinet shall be held by the applicant only, and shall not be accessed by any other person. The limiter shall not be altered without prior agreement with the Environmental Health Service.

 

32.      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.

 

33.      No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

41.      Furniture used in area 1 shall be rendered incapable of use or securely stored (e.g. in area 2) by 23:30 hours.

 

45.      All doors leading to external areas and the internal doors to the conservatory will remain closed (except for entrance and exit) at all times under this licence using self-closing mechanisms except that the door from the conservatory/delicatessen to Area 2 may be open whilst the deli is operated as such but no later than 20:00 hours and the front door may be open whilst a receptionist is on duty but no later than 18:00 hours.

 

46.      A sound limiter is to be provided set to 5Db below the fire alarm level or link the amplifier to a power source, which is linked to the fire alarm to disconnect power on activation.

 

47.      Regulated entertainment in the form of Live Music shall be limited to a maximum of 2 performers.

 

48.      That the metal staircase and proposed new external door from the first floor to the rear garden area can only be used in the event of an emergency and signs attached indicating 'fire exit only'.

 

49.      There shall be no new customer entry to the premises after 22:30hrs.

 

50.      During the last 30 minutes of licensable activity, only customers taking table meals shall be permitted to remain on the premises.

 

51.      The bar will be closed to the public one hour before the terminal hour and only used as a dispense bar by waiting staff to supply alcohol to customers taking a table meal.

 

52.      After 23:00hrs the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

Conditions being added

 

·       There shall be no televisions or speakers in the conservatory area.

 

·       When in use the entirety of the trading space in Garden Areas 2 and 3 will contain tables and chairs.

 

·       The gates of the Garden Area leading onto the road shall be kept closed at all times save for fire escape and emergency access.

 

·       The balcony on the first floor shall not be used by patrons after 22:00 hours. All tables and chairs in this area shall be rendered unusable at 22.30 each evening.

 

·       Waiter or waitress service shall be available for the supply of alcohol and food.

 

·       The variation of this premises licence (19/14245/LIPDPS) to vary hours, conditions and plans (ref. TCO_LC_101 and TCO_LC_102) will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which timethis condition shall be removed from this licence by the licensing authority.

 

Representations Received:

 

·       Hereford Mansions Residents Association (HMRA)

·       Hereford Road Association (HRA)

·       The South East Bayswater Residents' Association (SEBRA)

·       8 Local Residents

 

Summary of issues raised by objectors:

 

Concerns raised were based on noise nuisance and, disturbance etc to the residents of Hereford Mansions along with residents in surrounding properties. 

 

Policy Position:

 

Policies PB1 (A) and SCZ1 apply under the City Council’s Statement of Licensing Policy (SLP).

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer Mr Kevin Jackaman introduced the application to the Sub-Committee, he advised this was a Variation application for a Public House. The Applicant wishes to renovate the Premises and open a food led pub with letting rooms above to be called The Princess Royal, in a similar manner to other pubs in its portfolio group.  The Applicant seeks to amend the layout out of the Premises by reconfiguring the outside areas so that Area 2 on the current approved plan and the conservatory area can be used for drinkers/diners, with the terminal hour for use of the outside areas extended until 22:00 for all outside areas. The terminal hour for the sale of alcohol and opening are to be reduced. In addition, changes to other conditions are sought by either adding, amending or removing. The Applicant had sought pre-application advice from the EHS and there has been extensive negotiation with SEBRA and The Hereford Road Association in respect of hours and conditions. The application is being lodged now in a bid to ensure the re-opening is not delayed.  The Premises are located within the Bayswater Ward and the Bayswater and Queensway Special Consideration Zone.

 

Mr Niall McCann, Solicitor appearing on behalf of the Applicant addressed the Sub-Committee. He stated there was an amendment to condition 43 (p.64 of the report) relating staff in the back garden and that condition is to be removed. Mr McCann used the Premises plan to describe the  location of the Premises on Hereford Road and its proximity to the Hereford Mansions where the residents resided.  Focusing on Area 1 he confirmed that the application was for 15 chairs on Hereford Road and was part of the Premises. There is to be no change here.

 

Mr McCann advised that Area 2 had previously been an open area and the Applicant now seeks to move the entrance and have it gated. Mr McCann stated  that the previous delicatessen would become an enclosed seating area and this has resulted in disagreement between the Applicant and the objectors.

 

Mr McCann stated that Area 1 remained open from 08:00 until 22:30 with a capacity of 15 and Area 2 was open from 08:00 until 22:00.  He confirmed that the objectors had disagreed with the capacity and the provision for smoking.  Mr McCann advised  that it would be the responsibility of the Applicant  to manage the area and ensure that patrons do not cause nuisance.  He confirmed that all the Applicant’s other premises were well managed with no complaints.  Mr McCann confirmed that with regards to smoking there were a number of open ventilated smoking spaces and sought permission for smoking in all applied areas until 22:00.

 

Mr McCann responded to concerns raised regarding noise escape from the conservatory and advised that a 65mm wall cavity was constructed, he confirmed that the sound engineer was confident that any noise from the Premises would not be heard in Hereford Mansions.  Mr McCann confirmed that he would be happy to consider a capacity of 20 for the conservatory area and that the frosted glass in the private bedrooms was an area of contention and suggested frosted glass in the bathroom and tasteful blinds.

 

Mr Richard Brown addressed the Sub-Committee and confirmed that he was representing a number of the residents’ associations who have submitted relevant representations in respect of this application, namely: HMRA, HRA and SEBRA.  Providing some background Mr Brown confirmed that Hereford Mansions was adjacent to the Premises and there were 5 floors of flats adjacent to the external areas of the Premises.  He confirmed  that the conservatory adjoined the master bedroom in flat 1.

 

Mr Brown said that the major focus of the concerns was  regarding  potential nuisance from the various external areas which included the conservatory at the Premises. Mr Brown said that there had been considerable consultation and mediation between the Applicant and the residents’ associations both pre-and post-application. He advised that this had narrowed down the issues somewhat. Mr Brown said the current and proposed licence plans described 4 areas to the right of the main building (looking at the Premises from the front) Area 1, Area 2 and Area 3, and the conservatory and the extent of activities in these areas was key to the remaining concerns.

 

Mr Brown advised  that the HMRA, HRA and SEBRA object to the proposed capacity, hours, and smoking.  He stated  that Area 2 leads into the conservatory and it directly borders Hereford Mansions. Mr Brown advised that this area had most recently been used as a reception area for the restaurant and before that a deli, with no customer usage for drinking or eating and now the applicant proposes to utilise this area for licensable activities.  Mr Brown said that HMRA, HRA and SEBRA also object to the proposed capacity and hours.

 

Mr Brown advised  that if the Sub-Committee were minded granting the application the new use or a change of potential style of operation as the case may be in Areas 1, 2, 3 and the conservatory, smoking is prohibited in Areas 2 and 3 (with Area 1 - along the pavement - being the only designated smoking area).  He also suggested that the proposed capacity in the conservatory is reduced to 16 seated, Areas 2 to 16 seated, and Areas 3 to 45 seated; with no vertical drinking permitted. Regarding the proposed morning hours, he stated that the resident groups did not agree with reducing the opening hours in the back garden (Area 3) to 8:00 from 09:00 on Saturday.

 

Mr Brown said that from the residents’ perspective  the Applicant should retain the current hours of the back garden (Area 3) to 20:00 GMT/21:00pm BST and align Area 2 and conservatory hours with this.  Mr Brown said that with the proposed extension of the licensed and dining area to the conservatory area, it should be carpeted. Regarding the private bedrooms he advised that there be a retention of frosted glass windows for the new hotel bedrooms directly facing into bedrooms in Hereford Mansions.

 

Mr John Zamit Chairman of  SEBRA addressed the Sub-Committee, he confirmed that he had objected to the application due to concerns regarding noise nuisance and, disturbance etc to the residents of Hereford Mansions along with residents in surrounding properties.  Mr Zamit advised that the conservatory and the doors were the main area for concern.  He commented on Environmental Health not making an objection and wondered if the application had been missed.

 

Mr Yuval Zommer of the Hereford Mansions Residents Association addressed the Sub-Committee, he confirmed that he lived on Bridstow Place, which along with Botts Mews, is directly behind the Premises.  Mr Zommer welcomed The Princess Royal opening; he objected to a number of the areas within the Premises that had the potential to create noise related issues and cause public nuisance.  Mr Zommer advised that he was concerned with any extension of hours for the pub's customers in the garden areas as well as the conservatory as any extra noise would ultimately impact the peace and quiet of the residents including his own property.

Mr Robert Annibale of the Hereford Mansions Residents Association addressed the Sub-Committee, he advised that the outside space had been used as a buffer between the residential homes and the commercial premises.  He said  that the Applicant was making an effort, however, he was concerned about the noise emanating from the Premises from without the doors that were removed from Area 1 and the licence hours for the outside areas.  He felt that it would be easier to manage if the hours were harmonious instead of different closing times for different areas within the Premises.  Mr Annibale said that the Applicant had corresponded with the residents’ and objectors. He was of the view that they had listened and respond accordingly to their concerns.

 

The Sub-Committee sought further clarification on the private bedrooms and the meeting spaces on the first floor, specifically the mini bars for alcohol and any intension to install a bar.  Mr McCann confirmed that there was no intention for mini bars, but the area would be licensed so that guest can bring glasses of wine up from the main bar and dining areas.

 

Conclusion

 

The Sub-Committee noted that the Premises has been licensed since 2005. The Applicant is making a significant financial investment in transforming the Premises by creating a food led pub to be known as the Princess Royal with bedrooms to the same standard as the Applicant’s sister sites in Belgravia, Knightsbridge, Pimlico, Marylebone and St James which all fall within the City of Westminster.

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. There is no presumption to refuse the application. However, the Premises does fall within the Queensway and Bayswater Special Consideration Zone and consideration needs to be had to this policy requirement.

 

Based on the evidence the Sub-Committee was satisfied that the Applicant had taken account of the issues identified at Paragraphs D49 and D50 on Page 56 of the SLP when considering what likely impact the application would have on the Special Consideration Zone. Therefore, it was concluded that the Special Consideration Zone would not be adversely affected if the application were granted.

 

The Sub-Committee welcomed the fact that the Applicant had obtained pre-application advice from the EHS and that there had been extensive negotiations with SEBRA and the HRA in respect of hours and conditions. This approach demonstrated to the Sub-Committee that the Applicant was willing to listen and engage effectively with local residents throughout the process and accepted its ongoing assurance and commitment that dialogue would be maintained in this respect.

 

Regulated Entertainment was now removed by the Applicant and was no longer part of the variation sought.

 

The Sub-Committee noted that the Premises has 3 outside areas where licensable activities are to take place and for the purposes of ease these are referred to as Areas 1, 2 and 3 and more particularly described below:

 

·       Area 1 is the external area at the front of the Premises.

 

·       Area 2 is a relatively small area to the front right-hand side (as you look at the Premises). It directly abuts Hereford Mansions. The premises licence does not permit use of this area for tables and chairs, smoking, or taking of refreshment. The Applicant proposes to utilise this area for licensable activities. The HMRA, HRA and SEBRA objected to the proposed capacity, hours, and smoking. Area 2 leads into the conservatory. It directly abuts Hereford Mansions. This has most recently been used as a reception area for the restaurant and before that a deli, with no customer usage for drinking or eating. The Applicant proposes to utilise this area for licensable activities. The Applicant has carried out sound-proofing works at the request of HMRA. The HMRA, HRA and SEBRA objected to the proposed capacity and hours.

 

·       Area 3 is a larger garden area beyond the conservatory. In addition to directly abutting Hereford Mansions, it is metres away from residents in Botts Mews and Bridstow Place. This has most recently been used as an area for licensable activities, although subject to a condition that it is only for seated patrons dining. The Applicant proposes to utilise this area for the same licensable activities, but without a requirement for dining or for customers to be seated.  Again, the HMRA, HRA and SEBRA objected to the proposed capacity, hours, smoking and vertical drinking.

 

The Applicant has agreed to provide a revised Premises Plan denoting these 3 specifics outside areas and accordingly this has been conditioned on the Premises Licence.

 

The Sub-Committee did feel that as the application was contentious in nature and not  necessarily straightforward it might have been beneficial for the Applicant to have provided more in the way of detail when submitting the application as regards the 3 distinct outside areas as this would have provided clarity to the Sub-Committee and have reduced the time spent during the hearing trying to establish what the Applicant was seeking to achieve here and the likely impact this would have on local residents. However, the Sub-Committee was grateful for the time it had taken to tackle the key issues during the hearing. As always one of the main focuses for the Sub-Committee is to strike the right balance when considering the needs of local residents and the Applicant’s ability to run and manage his commercial business well when it comes to the promotion of the licensing objectives. 

 

The Sub-Committee noted the very passionate and heartfelt representations made by local residents during the hearing when it came to the issue of nuisance and the knowledge displayed about the local area which was very useful when determining the application.The Sub-Committee considers that the safeguards put in place by the extensive use of conditions and various undertaking given by the Applicant will deal with the concerns raised by residents regarding public nuisance. In any event the Environmental Health Service is to undertake an inspection of the Premises before licensable activities can take place and this will address the issue of the works to the Premises and capacity to be limited to as well as address noise issues emanating from the Premises

 

The Sub-Committee took comfort from the fact that the Applicant would be a responsible operator that would run the Premises to a very high standard and would seek to work with local residents on any potential issues. The Sub-Committee imposed Model Condition 24 which requires the number of the manager of the Premises to be publicly available.

 

Model Condition 41 has also been imposed on the Premises Licence which requires that substantial food and beverages other than intoxicating liquid shall be available during the whole of the permitted hours in all parts of the premises as well as the requirement for patrons to be seated and for waiter service to be provided. This will ensure that the Premises in particular Areas 2 and 3 will not become drink led with those persons using both areas capped at 65 patrons.

 

The Sub-Committee considered that the conditions it has imposed on the Premises Licence would mitigate the concerns raised by local residents when it came to noise emanating from the Premises, smoking, dispersal of customers and management off the outside areas by staff which in turn would have the desired effect of promoting the public nuisance licensing objective.

 

The Sub-Committee decided to grant the variation application with the removal, modification and adding of certain conditions. It did, however, conclude that Areas 1, 2 and 3 should be vacated daily by patrons at 22:00 hours. This was to ensure that potential nuisance occurring in the outside areas would not adversely affect nearby residents which a later terminal hour would undoubtedly do.

 

The fact that the Responsible Authorities did not object did strength the merits of the application in the Special Consideration Zone when considering in the final analysis all aspects of the application by the Sub-Committee and the promotion of the licensing objectives.

 

The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.  

 

Having carefully considered the committee papers and the submissions made by all 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 to vary Late Night Refreshments: Indoors and Outdoors Monday to Wednesday 23:00 to 23:30 Thursday 23:00 to 00:00 Friday and Saturday 23:00 to 23:30 Sunday N/A Seasonal Variations: Sundays before Bank Holidays: 23:00 to 00:00 Licensable activities shall be permitted on 1st January to 01:00 with provision of Late Night Refreshment until 01:30

 

2.        To grant permission to vary the Sale by Retail of Alcohol: On and Off Sales Monday to Thursday 10:00 to 23:00 Friday to Saturday 10:00 to 23:30

Sunday 10:00 to 22:00 Seasonal Variations: Sundays before Bank Holidays: 10:00 to 23:30 Licensable activities shall be permitted on 1st January to 01:00 with provision of Late Night Refreshment until 01:30

 

3.        To grant permission to vary the Opening Hours of the Premises

Monday to Thursday 08:00 to 23:30 Friday to Saturday 08:00 to 00:00

Sunday 10:00 to 22:30 Seasonal Variations: Sundays before Bank Holidays: 08:00 to 00:00 On 1st January the premises shall close 30 minutes after the end of licensable activities. Opening hours will be 24 hours a day for residents.

 

4.        That Conditions 9, 11a, 24, 27, 29 and 42 on the Premises Licence are hereby modified and re-numbered below and remain in full force and effect.

 

5.        That Conditions 12, 28, 31, 32, 33, 41, 45, 46, 47, 48, 49, 50, 51, 52 are hereby removed from the Premises Licence and cease to have effect.

 

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 and Informative imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a licensing hearing

9.        Adequate sound proofing to the Conservatory wall abutting Hereford Mansions shall be undertaken. 

 

10.      If it proves necessary to abate a noise nuisance arising from the floor surface in the Conservatory an adequate rug or other suitable sound deadening shall be provided.

 

11.      Area 1 as shown on the plan, a) This will be the designated smoking area (which will be physically separated by way of barrier to keep the public pavement clear) and licensed for seated consumption of food and beverages only. No stand up drinking shall be allowed and this area shall be limited to a maximum of 16 customers at any time. All tables and chairs shall be rendered unusable at 22.30 each evening and removed whilst the premises is closed. The smoking area shall cease to be utilised to coincide with closure of the premises. b) There shall be no barbecues or gas heaters in this area.

 

12.      (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. (b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. (c) The CCTV system shall continually record whilst the premises is 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. (d) All recordings shall be stored for a minimum period of 31 days with date and time stamping. (e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

13.      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.

 

14.      A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

15.      An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.

 

16.      Signs shall be displayed, which are clearly visible to prospective customers, stating the hours of the licensable activities.

 

17.      Where a customer chooses to pay by credit card, they shall be supplied with an itemised bill upon final payment, showing details of all drink and food purchased.

 

18.      No changes shall be made to the approved layout of the premises without the consent of the Council.

 

19.      No alteration which would result in it being impossible to comply with an existing licence condition shall be made without first seeking variation of the Premises licence to delete or amend the condition(s) in question.

20.      Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 7 days prior notice being given to the Council where consent has not previously been given: ' Dry ice and cryogenic fog ' Smoke machines and fog generators ' Pyrotechnics including fireworks ' Firearms ' Lasers ' Explosives and highly flammable substances ' Real flame ' Strobe lighting.

 

21.      No person shall give at the premises any exhibition, demonstration or performances of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased. NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism act 1952

 

22.      All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be permitted after 23:00 hours.

 

23.      Noise and vibration shall not be allowed to emanate from the premises so as to cause a nuisance to nearby properties.

 

24.      Notices shall be prominently displayed at exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

25.      No rubbish shall be moved, removed or placed in outside areas between 22:30 hours and 08:00 hours and no bottles shall be moved, removed or placed in outside areas between 19:00 hours and 10:00 hours.

 

26.      Noxious smells shall not be allowed to emanate from the premises so as to cause a nuisance to nearby properties.

 

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

 

28.      All persons under 18 years of age shall not be allowed to remain on the premises after 21:00 hours (unless they are attending a private function or dining and accompanied by an adult), or when happy hours or similar promotions are in operation.

 

29.      The internal conservatory, as shown on the premises plan, shall have a capacity not exceeding 20 persons seated, 0 standing.

 

30.      Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises.

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

 

32.      The approved arrangements at the premises, including means of escape provisions, fire warning and fire fighting equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

33.      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.

 

34.      Escape routes shall be kept clear and unobstructed, in good order with non slippery and even surfaces, free of hazards and clearly identified.

 

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

 

36.      A telephone number for immediate contact of a member of the management team will be displayed in a position where it can easily be read from the outside. This telephone number will be supplied to Hereford Road Association and to Resident Associations of properties in the immediate vicinity and kept up-to-date.

 

37.      The manager will arrange and/or attend representative residents' meeting at least quarterly so that any issues concerning the operation of the premises may be discussed.

 

38.      There shall be no music relayed to nor to speakers used in external areas.

 

39.      Areas 1, 2 and 3. These areas are vacated by 22:00 hours. The maximum capacity of patrons should be no more than 45 persons in Area 3 and 20 persons in Area 2 (excluding staff at any one time). There shall be no barbecues or gas heaters in this area.

 

40.      There shall be no smoking in Area 3.

 

41.      No speakers or television/film screens will be located in the large conservatory, which abuts Hereford Mansion, separating Areas 1 and 2.

 

42.      All doors leading to external areas will remain closed (except for entrance and exit) at all times under this licence using self-closing mechanisms.

 

43.      Licensable activities shall be permitted on 1st January to 01:00 with provision of Late Night Refreshment until 01:30.

 

44.      On 1st January the premises shall close 30 minutes after the end of licensable activities.

 

45.      There shall be no televisions or speakers in the conservatory area.

 

46.      When in use the entirety of the trading space in Areas 2 and 3 will contain tables and chairs and no stand up drinking shall be permitted.

 

47.      The gates of the Area 2 leading onto the road shall be kept closed at all times save for fire escape and emergency access.

 

48.      Waiter or waitress service shall be available for the supply of alcohol and food at all times.

 

49.      The variation of this premises licence (19/14245/LIPDPS) to vary hours, conditions and plans (ref. TCO_LC_101 and TCO_LC_102) will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from this licence by the licensing authority.

 

50.      The premises licence holder shall submit to the licensing authority within 7 days from the grant of this licence a revised premises plan showing the clearly defined areas known as Areas 1, 2, 3 and the conservatory.

 

51.      The first floor balcony shall be closed by 22:00 each day.

 

Informative

·       The Sub-Committee noted the concerns of the residents regarding noise emanating from the main bar area through the conservatory.  However, as the Premises is not yet open to trading it is difficult to predict the extent of any noise nuisance and, if there were any such issue what mitigating measures would be most appropriate. The Premises Licence Holder has given an Undertaking that the issue will be monitored and appropriate mitigation will be put in place in consultation with interested parties.

 

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

17 February 2022