Agenda item
91 Wimpole Street, W1G 0EF
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Ward |
Site Name & Address |
Application |
Licensing Reference No. |
|
Marylebone High Street None* None** |
91 Wimpole Street, W1G 0EF |
New Premises Licence |
22/02131/LIPN |
|
*Cumulative Impact Area |
|||
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3
(“The Committee”)
Thursday 16 June 2021
Membership: Councillor Aicha Less (Chairman) Councillor Robert Eagleton Councillor Melvyn Caplan
Officer Support Legal Advisor: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Emanuela Meloyan
Others Present: Mr Craig Baylis (solicitor, Kingsley Napley LLP) Ms Heidi Evans (Area Manager, Applicant), Jack Frieda (Applicant) and Mr Maxwell Koduah (Environmental Health Service)
Application for a New Premises Licence in respect of The Office Group 91 Wimpole Street London W1G 0EF 22/02131/LIPN
FULL DECISION
Premises
The Office Group
91 Wimpole Street
London W1G 0EF
Applicant
The Office Group 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 (Off Sales)
Monday to Thursday 10:00 to 23:30
Friday and Saturday 10:00 to 00:00
Sunday 12:00 to 22:30
Opening Hours of the Premises:
Monday to Sunday N/A
Seasonal variations
None
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of The Office Group 91 Wimpole Street London W1G 0EF. The Premises operates as an Office Space. The Premises is located within the Marylebone Ward but not within the West End Cumulative Impact Zone or Special Consideration Zone. The Applicant has confirmed the following condition if the Committee are minded granting the application:-
“Office premises offering supply of alcohol to office workersemployed at the premises or those attending meetings or pre booked functions or events. The general public are not admitted. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as offices”.
There is a resident count of 45.
Representations Received
· Environmental Health Service (Maxwell Koduah)
· 6 local residents (opposing the application)
· Councillor Karen Scarborough (Ward Councillor)
Summary of Representations
· As presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
· The Marylebone Association objects to this application on the grounds of possible contravention of PN1. The premises has the benefit of a roof terrace and local residents have already suffered noise nuisance from events being held on this and with the granting of a licence it is feared that this nuisance will increase. In addition, it is noted that the premises are adjacent to Be At One at 94 Wimpole Street whose customers cause a huge amount of nuisance already. Adding another licenced premises so close could easily lead to even greater problems for those living nearby.
· If the licence is used within the offices of 91 Wimpole Street this would cause great disturbance to us. Some evenings, in particular on Fridays, office workers have drinks in the office itself or on the roof terrace of it. When drinks take place in the office, workers who are under the influence of alcohol, loud and disruptive, smoke on the roof and street making lots of noise. On these occasions they also make noise coming and going from the building. All of this causes great disturbance to us and inevitably this rowdiness leads to anti-social behaviour. When office workers congregate on the roof area it causes great disturbance to us. Additionally, there is an invasion of privacy as the roof terrace looks across into our flat, including my flatmate's bedroom, our bathroom, kitchen and sitting room. My flatmate is female and has a large window in her bedroom facing the roof terrace. As a result, she is suffering a great deal of anxiety regarding privacy and security concerns amongst other issues. In the past parties have also been held on the roof terrace with music playing. These events have been so intrusive and disruptive it is close to having a nightclub in our flat.
· There are presently two empty retail units at street level which used to house two daytime food outlets. If a bar/cafe/restaurant was to open in one of these units (possibly as part of the licence) the negative impact on us would be unfathomable. Be At One bar, which is in a retail unit a few doors down from 91 Wimpole Street, causes us significant disturbance and stress with anti-social behaviour and noise among just two of many grievances.
· I hear all noise when people are on the roof at 90 Wimpole Street and when they previously had drinks/parties outside I could never sleep due to the noise. Indeed, even if the drinks are consumed indoors, when people leave or go outside to smoke, the noise is awful and there is antisocial behaviour with people screaming and shouting on the street. I am a lawyer and work long hours, I do not need any further disturbance on the street - Be At One bar has been a disaster with horrific antisocial behaviour and huge disruption. Any noise echoes and reverberates around the street, whether this is conversation or music.
· The times any event in the building has been on in the past, whether inside the building or on the roof, have resulted in extremely high noise levels, huge disturbance to me and the other local residents, resulting in me feeling great distress when I should be relaxing/working. This is even more important now that I work from home most of the time.
· It is an office property and should not be used for the purposes of entertainment. There are already significant issues and problems from Be at One Bar on the street and any further premises with a licence for alcohol/outdoor entertaining will only cause further disturbance.
· There is already antisocial behaviour and noise in the area and a new license could make it worse. After late night drinking it is distressing to notice how much urination there has been in public places, and I am afraid worse. I wish the business well during daylight hours and the early evening, but late night would be an entirely different matter on the edge of what is after all a residential area.
· Be At One bar at 91 Wimpole Street already causes a regular rowdy drunken noise nuisance. There are regular loud arguments and altercations which can be heard many blocks up from number 91. Their drunk patrons often stagger past our homes shouting, screaming and vandalising our cars and property late at night. They also key cars and snap off wing mirrors. The behaviour of customers from Be At One is already antisocial and one can predict that an additional licence would make this significantly worse. In fact, if anything the existing licence at Be At One should be rescinded and there should definitely be no extension to 12am.
· As Local Ward Councillor I am writing to object to this Licence application on the grounds that it will not promote the Licensing Objectives in particular the prevention of Public Nuisance and Crime and Disorder. There are residents locally and opposite and I believe that they have previously been disturbed by parties on the roof with loud music playing and inevitably loud voices when people are leaving having consumed alcohol. There is not sufficient detail in this application to explain how the Licensing Objectives will be promoted and the reasons for the commercial use of this roof terrace in a residential street together with the hours sought.
Policy Considerations
HRS1
Applications within the core hours set out below in this policy will generally, be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:
The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
PB1
Applications outside the West End Cumulative Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1.The hours for licensable activities being within the council’s Core Hours Policy HRS1.The applicant has taken account of the Special Consideration Zones policy SCZ1 if the premises are located within a designated zone. The application and operation of the venue meet the definition of a Public House or Bar in Clause D.
SUBMISSIONS AND REASONS
The Presenting Officer, Ms Emanuela Meloyan introduced the application and advised that it was for a New Premises Licence under the Act in respect of The Office Group 91 Wimpole Street London W1G 0EF. The Premises operates as an Office Space. She confirmed that representations had been received from the Environmental Health Service. She advised that the Premises was located within the Marylebone Ward but not within the West End Cumulative Impact Zone or Special Consideration Zone.
The Sub Committee advised Mr Baylis that as the licensing of the roof terrace had not been included in this application, residents had not been consulted and/or been given the opportunity to write in with their objections. Therefore, the Applicant would have to apply for a Variation to the Premises Licence if the application relating to the second floor was granted today.
Mr Horatio Chance, Legal Advisor to the Sub Committee advised that it was a mandatory requirement under the Act that when an Applicant completes the application process it clearly states the operating schedule should state what is being applied for in terms of “Off” or “On” Sales of alcohol and the Sub-Committee only had the power to determine the “On” sale of alcohol because “Off sales” had not been applied for.
Mr Koduah, representing the Environmental Health Service, advised that the original application stated that the Applicant was applying for Sale by Retail of Alcohol (on the Premises) only. Mr Baylis confirmed that the Applicant would like the application for the Retail by Sale of Alcohol (on’ the Premises) to be heard today.
Mr Baylis advised that this application had been made so that Jack and Frieda who were employed by the office group who owned the building could supply tenants with alcohol for their events held in the event area on the second floor. He stated that the tenant could then give drinks away to whoever turns up to their event. He confirmed that there were no cache bars however a Premises Licence was needed for the supply of alcohol to tenants for these events.
Mr Baylis advised the Sub Committee that the Applicant was happy to limit the number of events by way of a condition on the Premises Licence. He offered to have not more than 40 events where licensable activities takes place per calendar year. Mr Baylis confirmed that there would be no music at these events and that these were primary office spaces. He added that the Applicant just wanted the option to hold an occasional event to say launch a product. He confirmed that no consumption of alcohol would continue after 23:00 hours so the Applicant was happy to reduce the terminal hour for sale by retail of alcohol to 23:00 hours.
In response to questions from the Sub Committee, Mr Baylis advised that it was an office block where people rented space by the week, month or year. He advised that there was around 400 people authorised to work in the building, however, with flexible working there was usually around 250 people in the offices each day. He confirmed that it was relatively small companies that rented the office spaces in the building. He advised that the events would not be externally advertised and there would be ‘no walk ins’ from the street. He added it was purely a facility for the tenants to host their own events. He confirmed that the building was open 24 hours a day. He advised that the second floor did have an external terrace at the rear of the Premises which was unlikely to cause any noise nuisance as it did not overlook any residential properties. He confirmed that there was a security desk at the entrance to ensure that only guests of the tenants could enter the building and be allowed up to the second floor. He emphasised there was no access to the general public.
Mr Maxwell, representing the Environmental Health Service, advised the Sub Committee that he had nothing to add as the request for the sale by retail of alcohol for the roof terrace did not form part of this application.
Mr Baylis confirmed that he was content that the following conditions to be added to the Premises Licence:
· There shall be no more than 40 events where licensable activity takes place per calendar year.
· There shall be no consumption of alcohol after 23:00 hours.
Conclusion
The Sub-Committee has determined an application for a grant of a NEW Premises Licence under the Act for the purposes of providing the On Sale of alcohol for private events with no admittance by the public.
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application. There is no policy presumption to refuse the application that is not within the Cumulative Impact Area provided the licensing objectives are not undermined.
The Sub-Committee noted that the building was operated as an office space and that this Premises Licence would be used by the tenants to hold events within the building on the second floor only. The Sub Committee was pleased that the Applicant had agreed to limit the number of events to 40 per calendar year and that that there would be no consumption of alcohol after 23:00 hours and that the sale of alcohol at the Premises shall be ancillary to the main function of the Premises as offices meaning that the Premise cannot become drink led as specified below in Condition 14.
The Sub Committee further welcomed the fact that the Applicant would be operating within the Council’s Core Hours Policy and had been proactive in working with the Responsible Authorities and agreement had been reached regarding the proposed conditions.
The Sub-Committee was 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.
The Sub-Committee would however remind the Applicant that if they wish to have the Off sale of alcohol area on the second floor terrace area this should be applied for in the usual way by way of a variation application.
The Sub-Committee, in its determination of the matter, concluded that the hours it imposed on the licence were within the core hours policy. It further concluded that the conditions it has imposed on the licence would alleviate the residents’ concerns which are considered appropriate and proportionate and would help promote the licencing 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 the individual circumstances of this case and the promotion of the four licensing objectives: -
1. To grant permission for Sale by Retail of alcohol (ON Sales) Monday to Saturday 10:00 to 23:00 hours and Sunday 12:00 to 23:00 hours.
2. That the New Premises Licence is subject to any relevant mandatory conditions.
3. That the Premises 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 licensing hearing
4. 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.
5. 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.
6. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
7. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
8. No deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.
9. 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 31 day period.
10. 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.
11. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
12. 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.
13. The supply of alcohol shall only be to employees at the premises, their bona fide guests, or persons attending a private pre booked function.
14. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as offices.
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, 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.
16. 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.
17. There shall be no advertisement of the licensed facilities outside of the premises
18. Non-intoxicating beverages shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises
19. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
20. There shall be no more than 40 events where licensable activity takes place per calendar year.
21. There shall be no consumption of alcohol after 23:00 hours.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
16 June 2022
Supporting documents:
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91 Wimpole Street_LSC Report_Redacted, item 3.
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