Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Marylebone High Street None* None**	Douglas House, 131-151 Great Titchfield St, W1W 5BB	New Premises Licence	22/02079/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

 (“The Committee”)

 

Wednesday 15^th June 2022

 

Membership:           Councillor Aziz Toki (Chairman) and Councillor Judith Southern and Councillor Tim Mitchell.

 

Officer Support        Legal Advisor:           Steve Burnett

                                Policy Officer:             Aaron Hardy

                                Committee Officer:  Jack Robinson

                                Presenting Officer:           Jessica Donovan

 

Others present:       Craig Bayliss (Solicitor, Kingsely Napley LLP), Tali Meyerowitz, Building Manager, Tog Uk Properties Limited, Dave Nevitt (Environmental Health Service), Richard Brown (Solicitor, Westminster’s Citizens Advice) representing Yoram Blumann (Fitzrovia Neighbourhood Association).

 

 

Application for a New Premises Licence – Douglas House, 131-151 Great Titchfield Street, London W1W 5BB – 22/02079/LIPN

 

FULL DECISION

 

 

Premises

 

Douglas House,

131-151 Great Titchfield Street,

London W1W 5BB

 

Applicant

 

Tog Uk Properties Limited

 

Ward

 

Marylebone High Street

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for

 

Sale by retail of alcohol [on sales]

 

Monday to Friday 12.00 to 22:00

 

Opening Hours (Premises is not open to the Public)

 

Monday to Sunday 00:01 to 00:00

 

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises operates as an office space and the proposed sale of alcohol will be to workers employed at the premises or those attending meetings or pre-booked functions or events.

 

The public will have no access generally to the Premises. 

 

The application for the sale of alcohol was originally for Westminster’s Core Hours but this was subsequently reduced.

 

Representations Received

 

·       Dave Nevitt - Environmental Health Service

·       Fitzrovia Neighbourhood Association (opposing)

·       6 Local Residents (2 have withdrawn their representations)

 

Summary of Representations

 

·       The Environmental Health Service have made a representation that the application may have the likely effect of causing an increase in Public Nuisance and may impact Public Safety within the area.

 

·       The Fitzrovia Neighbourhood Association have made representations that the area is highly residential, and the grant of the application is likely to cause public nuisance from noisy and frequent events, inadequate noise insulation, traffic and taxi noise, and as a result of the unlimited capacity of the premises.

 

·       Other residential concerns are that the Premises will cause disturbance from deliveries, interfere with resident’s rest, encourage anti-social behaviour, pest and environmental issues and additional traffic noise.

 

 

 

 

 

Policy Position

 

 

HRS1

·       Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

 

PB1

·       Applications outside the West End Cumulative Zone will generally be granted subject to:

 

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2. The hours for licensable activities being within the council’s Core Hours Policy HRS1.

 

 

SUBMISSIONS AND REASONS

 

1.     The Presenting Officer, Ms Jessica Donovan introduced the application and advised that the application was for a New Premises Licence for certain areas of an office block.

 

2.     Mr Craig Baylis, solicitor appearing on behalf of the Applicant, addressed the Committee and advised that the Applicant operate office buildings around London, which they then lease to tenants. He confirmed that at this site, there are approximately 500 occupants and they have been there for 3 to 4 years.

 

3.     Mr Baylis advised that Applicant have utilised Temporary Event Notices to sell alcohol at the Premises. There have been no reported problems and they seek to continue to sell alcohol as a service to the tenants.

 

4.     The Committee were informed that the terrace consists of an internal and external area. The external will close at 18.00 but they would like a restriction of 20.00 to the internal area to provide some flexibility.

 

5.     In response to questions from the Committee, Mr Baylis advised that the Applicant requires the licence to cover 3 specific areas namely the basement with a capacity of 100, the lower ground floor with a capacity of 75 and the roof terrace above the 5th floor with a capacity of 50 to 60 people. This would be for the sale and consumption of alcohol. The Applicant retains security on site and anticipate that these areas will be vacated by 2200 hours.

 

6.     The Committee was further informed that the Applicant anticipates that the frequency of events at the premises will be approximately 5 times per week. There will be no ticket system and all persons attending will have to pass security at the reception.

 

7.     Deliveries will take place between 07:00 and 22:00 hours. Currently deliveries consist of office supplies, but the applicant is happy to have a condition restricting the time of deliveries if the premises licence is granted.

 

8.     Mr Nevitt, representing the Environmental Health Service, advised that he had maintained his representation to assist the Committee.  He had met with the Applicant on site and noted that there was a controlled reception area. The premises is clearly workspace and laid out as such. The hours for sale of alcohol means that the Premises could not operate as a bar or club.

 

9.     The Committee were advised that the Applicant is happy to close the outside terrace area at 1800 hours. Mr Nevitt advised that a condition restricting capacities in the relevant areas would be helpful.

 

10.Mr Brown, Solicitor from the Citizens Advice Bureau and representing the Fitzrovia Neighbourhood Association, informed the Committee that there is a large residential area at HolcroftCourt and those residents are concerned about the proposed hours of trade. There have been discussions with the Applicant about the scope of the application and as a result, the hours of trade had been reduced.

 

11.Mr. Brown requested that an existing premises licence is surrendered and that the terminal hour for use of the outside terraced area is permitted until 18:00.

 

12.Mr Bayliss requested a terminal hour for use of the internal terrace of 22.00 hours, but Mr Brown requested 20.00. Both parties agreed to split the difference to allow the area to trade until 21.00 hours.

 

13.Mr Bayliss agreed to Mr Brown’s suggested conditions requiring doors and windows to be kept closed and a restriction on externally promoted events being attached as conditions in the Premises Licence if granted.

 

14.Mr Burnett, Legal Adviser clarified with the Applicant that sale and consumption of alcohol will only be permitted in the area marked red on the proposed plans.

 

 

 

 

 

15.Mr Yoram Blumann, representing the Fitzrovia Neighbourhood Association, advised of the issues that residents faced especially 60 units which are facing the premises. there is a residential home for the elderly, and they have expressed concerns. They are worried about the noise from people entering and leaving the premises, music and the hours of trade.

 

Decision

 

16.The Committee has determined an application for a grant of a NEW Premises Licence under the Licensing Act 2003.The Committee realises that it has a duty to consider each application on its individual merits. There is no policy presumption to refuse the application that is not within the Cumulative Impact Area provided the licensing objectives are not undermined.

 

17. The Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.

 

18.The Committee noted that the Applicant had applied for limited hours for the sale of alcohol for consumption on the premises, restricted to specified areas and that the application only related to Mondays to Fridays.

 

19.The Committee welcomed the fact that the Applicant had been proactive in working with the Responsible Authorities and that an agreement had been reached on many of the proposed conditions. The Committee was reassured that the sale of alcohol would be to tenants of the premises permitted on the premises through a secure reception area. The Committee were also persuaded by the Applicant that they would be a responsible operator by having the necessary measures and safeguards in place that would help mitigate the concerns of those objecting and promote the licensing objectives.

 

20.The Committee, in its determination of the matter, concluded that the conditions it imposed on the licence were appropriate and proportionate and would promote the licencing objectives.

 

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

 

1.        To grant permission for the Sale of Alcohol for consumption off the premises from 12.00 to 21:00 Mondays to Fridays

 

2.        To grant permission for the premises to open from 00:01 to 00:00 Mondays to Sundays

 

3.        The new premises licence will be subject to any relevant mandatory conditions.

4.        The new premises licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions agreed at the Hearing

 

9.        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.

 

10.      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.

 

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

 

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

 

13.      No deliveries to the premises shall take place between 22.00 and 07.00 hours on the following day.

 

14.      The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31day period.

 

15.      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.

 

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

 

17.      Occupiers permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

18.      The supply of alcohol shall only be to employees at the premises, their bona fide guests, or persons attending a private pre booked function.

 

19.      The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as offices.

 

20.      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) any complaints received concerning crime and disorder

(c) any incidents of disorder

(d) any faults in the CCTV system or searching equipment or scanning equipment

(e) any refusal of the sale of alcohol

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

 

21.      The outside terrace area on the 6^th floor shall be vacated by 18:00.

 

22.      The inside terrace area on the 6^th floor shall be vacated by 20.00.

 

23.      No externally promoted events shall be permitted at the premises.

 

24.      The sale and consumption of alcohol shall be restricted to the three areas hatched on the approved plans, on the lower ground, the ground floor and the terraced areas on the 6th floor.

 

25.      The total capacity, (including staff) of the:

a)    Ground floor hatched area shall be 100

b)    Lower Ground floor hatched area shall be 75

c)     Internal roof terrace on the 6^th floor, hatched area shall be 50

d)    External roof terrace hatched area on the 6^th floor shall be 60

26.      No licensable activities shall take place at the premises until premises licence number 19/05684/LIPT, or such other number subsequently issued for the premises, has been surrendered and is incapable of resurrection.

 

Informative

 

The Applicant’s legal representative, Mr Bayliss confirmed and undertook that the supporting licence plans shown on pages 12, 18 and 19 of the Committee papers for the hearing on the 15^th June 2022, shall be amended to show the areas currently edged red, as hatched areas and the hatched areas identified on the plans as areas to be used for the sale and consumption of alcohol.

 

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

 

The Licensing Sub-Committee

15 June 2022