Agenda item

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 8^th September 2022 – Item 1

 

Membership:           Maggie Carman (Chairman) Councillor Md Shamsed Chowdhury and Councillor Louise Hyams.

 

Officer Support   Legal Adviser:              Steve Burnett

                           Policy Officer:               Daisy Gadd

                           Committee Officer:       Sarah Craddock

                            Presenting Officer:       Jessica Donovan

 

Other parties: Philip Kolvin QC, Luke Elford (John Gaunt & Partners), Guy Ivesha

                     (CEO and founder of Maslow’s- Applicant’s parent company),

Daniel Thompson (Operations Director), Ian Watson (Environmental Health Service), Kevin Jackaman (Licensing Authority), PC Reaz Guerra (Metropolitan Police) and Richard Brown (Soho Society and local resident).

 

Application for a New Premises Licence in respect of 1 Warwick Regency House 1-4 Warwick Street London W1B 5LT 22/05504/LIPN

 

Full Decision

 

Premises

 

1 Warwick Regency House

1-4 Warwick Street

London

W1B 5LT

 

Applicant

 

Mg Warwick Street Opco Ltd

 

Cumulative Impact Area

 

West End

 

Ward

 

West End

 

Special Consideration Zone

 

None

 

 

 

Activities and Hours

 

First Floor Members’ Lounge and first floor Event Floor and Sixth Floor members’ restaurant and members’ bar

 

a)    Provision of Films (Indoors)

 

Sun – Wed 11.00 to 00.00

Thurs – Sat 11.00 to 01.00

 

b)    Provision of Live and recorded music and Late-night refreshment (Indoors)

 

Sun – Wed 23.00 to 00.00

Thurs – Sat 23.00 to 01.00

 

c)     Provision of anything of a similar description to that falling within (e), (f) or (g) (Indoors)

 

Sun – Wed 11.00 to 00.00

Thurs – Sat 11.00 to 01.00

 

d)    Sale of Alcohol On and Off Premises

 

Sun – Wed 11.00 to 00.00

Thurs – Sat 11.00 to 01.00

 

First Floor Members’ Lounge and first floor Event Floor

 

a)    Provision of Films (Indoors)

 

Sun – Wed 11.00 to 00.00

Thurs – Sat 11.00 to 01.00

 

First Floor Event Floor

 

a)    Performance of Dance (Indoors)

 

Sun – Wed 23.00 to 00.00

Thurs – Sat 23.00 to 01.00

 

Ground floor restaurant

 

a)    Provision of Live and recorded music and Late-night refreshment (Indoors)

 

Mon – Thurs 23.00 to 23.30

Fri to Sat 23.00 – 00.00

 

b)    Provision anything of a similar description to that falling within (e), (f) or (g) (Indoors)

 

Mon – Thurs 09.00 to 23.30

Fri to Sat 09.00 – 00.00

Sun 09.00 to 22.30

 

c)     Sale of Alcohol On and Off Premises

 

Mon – Thurs 07.00 to 23.30

Fri to Sat 07.00 – 00.00

Sun 07.00 to 22.30

 

Ground Floor Bar

 

a)    Provision of Live and Recorded music and Late-night refreshment (Indoors)

 

Mon – Wed 23.00 to 01.00

Thurs – Sat 23.00 to 02.00

Sun 23.00 to 00.00

 

b)    Provision anything of a similar description to that falling within (e), (f) or (g) (Indoors)

 

Mon – Wed 11.00 to 01.00

Thurs – Sat 11.00 to 02.00

Sun 11.00 to 00.00

 

c)     Sale of Alcohol On and Off Premises

 

Mon – Wed 11.00 to 01.00

Thurs – Sat 11.00 to 02.00

Sun 11.00 to 00.00

 

Sixth Floor external terrace

 

a)    Sale of Alcohol On and Off Premises

 

Mon – Sun 11.00 to 23.00

 

 

To grant permission for the premises to open to the Public Mondays to Sundays 00.00 to 00:00 hours.

 

 

 

 

 

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). According to the application form the Premises will trade as a private members’ club comprising of an office space, a restaurant and bar and a public restaurant and bar area. The Premises comprises of the following areas:

 

• Basement - Gym / Toilets / Back of House

• Ground - Members' Entrance / public Restaurant and Bar

• First - Members' Lounge / Event Space

• Second - Co-working Space

• Third - Co-working and Office Space

• Fourth - Co-working and Office Space

• Fifth - Co-working and Office Space

• Sixth - Members' Lounge and Roof Terrace.

 

Licence History:

 

The premises has had the benefit of two Premises Licences since 2005:

 

1. The Warwick, 1-2 Warwick Street (22/04148/LIPT).

2. 3-4 Warwick Street (20/05824/LIPT)

 

The applicant is proposing to surrender the above licences subject to the grant of this application.

 

A copy of the Premises Licences can be found at Appendix 4. Page 184 to 212.  The applicant submissions and mediation letter are at Appendix 2 of the agenda report 255 and 256.

 

There is a resident court of 15.

 

Representations received

 

The Metropolitan Police Service (PC Reaz Guerra)

Environmental Health Service (Ian Watson)

The Licensing Authority (Kevin Jackaman)

One Resident (objecting against the application) (Richard Brown)

The Soho Society (Richard Brown)

One Resident - Withdrawn

 

Summary of issues raised by objectors

 

The Metropolitan Police Service states that the Metropolitan Police, as a Responsible Authority, are objecting to this application as it is their belief that if granted the application would undermine the Licensing Objectives.

 

The premises are situated within the West End Cumulative Impact Area. There is insufficient detail contained within the operating schedule to promote the licensing objectives.

 

The EHO states:

 

1. The hours requested for the Supply of Alcohol will have the likely effect of causing an increase in Public Nuisance within the West End CIZ.

2. The hours requested to permit the provision of late-night refreshment will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the West End CIZ.

3. The hours requested to permit the provision of regulated entertainment will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the West End CIZ

 

The Licensing Authority states:

 

·       that the premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HSR1, COMB1, PB1 and RNT1. Due to the description of the premises in the applicants operating schedule this application generally falls under COMB1 (b, c, d and e) policy.

 

·       It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone.

 

The Resident states concerns about noise issues, dispersal, staff smoking and causing a disturbance.

 

The Soho Society states:

 

We object to the proposed bar use, all other uses beyond core hours, and to the use of the terrace until 23:00 on the grounds of the prevention of crime and disorder, prevention of public nuisance, public safety and cumulative impact in the West End Cumulative Impact Zone.

 

The Applicant has proposed the conditions listed on pages 216 -220 in the report in order to mitigate the concerns raised.

 

Policy Position

 

This application is contrary to the following policies; Core Hours Policy HRS1, Restaurant Policy RTS1, Pubs and Bars Policy PB1 and the Cumulative Impact Policy CIP1.

 

SUBMISSIONS AND REASONS

 

Ms Jessica Donovan outlined the application to the Committee. She advised that representations had been received from the Environmental Health Service, the Metropolitan Police, the Licencing Authority, the Soho Society and one local resident. She further advised that the Premises was located within the West End Ward and in the West End Cumulative Impact Zone. She confirmed that additional submissions from both parties had been circulated to the Committee.

 

Mr Philip Kolvin, QC on behalf of the Applicant, outlined the application before the Committee.  He advised that the prototype for Regency House was Mortimer House which the Applicant has operated for the past five years without any complaint or impact on the licensing objectives.  Mr Kolvin referred the Committee to Mr Bamber’s statement contained in the Agenda Pack which contained a neutral evaluation of the Mortimer House operation. 

 

Mr Kolvin advised that Regency House would offer a high standard of facility with total investment exceeding £50m.  He referred the Committee to the Applicant’s brochure which outlined the quality and style of the proposed development.  He highlighted that the Applicant had also outlined in the brochure the style of operation and had included operational, noise management and detailed dispersal plans with their application. 

 

Mr Kolvin advised that the Regency House would consist of eight floors with a capacity of 420 with limits per floor, and that tapering of the capacity as the evening progresses would ensure a gradual dispersal of people from the Premises. 

 

Mr Kolvin advised the Committee regarding each floor as follows:

 

·       Basement gymnasium and activity studio (unlicensed)

·       Ground floor members’ reception, restaurant (capacity 70 persons with the latest terminal hour being midnight ) and bar (capacity 80 persons with the latest terminal hour 2am)

·       First floor: members lounge (capacity 60 persons with the latest terminal hour of 1am) and events space (capacity 90 persons with latest terminal hour 1am for private functions).  Mr Kolvin added that the events space would be used for talks, charity functions and dinners.  It would not be used for DJ led promoted events.

·       Levels 2-5 office workspaces (unlicensed)

·       Level 6 members roof tops(Capacity 80 with a terminal hour of 11pm),  restaurant and bar (capacity of 40 with the latest terminal hour 1am)

 

Mr Kolvin explained that the Applicant had discussed the application in detail with the Responsible Authorities and the Interested Parties and changes such as the reduction in the capacity of the Premises, the reduction in hours for late night refreshment and the playing of films, the number of smokers allowed outside on the pavement and delivery times had been made to promote the licensing objectives.  He confirmed that the Applicant had agreed that all the proposed conditions in the report be attached to the Premises Licence. 

 

Mr Kolvin advised the Committee that the Applicant was demonstrating exceptional circumstances by surrendering the two existing Premises Licenses for the whole premises and licenses which permit higher capacities.  The new Premises Licence, therefore, would represent an improvement in terms of a reduction in the cumulative impact over the existing licences because the terminal hours and the capacity devoted to bar use had been significantly reduced.  Mr Kolvin added that the style of the Premises, principally containing comfortable, lounge-style facilities aimed at a professional clientele and represented a far lower risk to the licensing objectives than the existing licence for a late hour, 340 capacity pub/club.

 

Mr Kolvin referred to the terrace bar on level 6 of the Premises and confirmed that the Applicant wished to keep the terminal hour at 11pm as it was a members’ only bar, there would be no live entertainment, the capacity was for 80 persons only and that allowing smoking on the roof bar would reduce smokers on the pavement.  Mr Kolvin emphasised that the Applicant had produced expert evidence that the roof terrace would not cause noise nuisance because of its location and design and further emphasised that the operation of the terrace area was governed by the extensive conditions that would be attached to the Premises Licence. 

 

In response to questions from the Committee, Mr Kolvin advised that all customers would be greeted and seated on entering the ground floor lounge bar.  He confirmed that the bar would look like a very comfortable lounge from the outside of the Premises and referred the Committee to the photographs in the agenda pages 42 - 61.  He advised that there would be two SIAs on duty at night as outlined in the agreed conditions.  He confirmed that the whole building would have adequate security as the building would be open 24 hours a day to enable members to work in the modern 24/7 world.  He explained that all the different spaces were designed to raise revenue and cater for a wide range of people and groups.  He confirmed that the roof terrace would contain screening aids and plants to prevent noise nuisance. 

 

The Committee noted that the Applicant wished to be a good neighbour and would continue to regularly liaise with the Soho Society and residents.  Mr Kolvin advised that the Applicant was happy to have model condition 24 attached to the Premises Licence stating that ‘A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity’.

 

PC Reaz Guerra on behalf of the Metropolitan Police Service stated that the Police had maintained their representation as the Premises was in the West End Cumulative Impact Area and to assist the Committee if they had any questions regarding the conditions that had been agreed between the Police and the Applicant.

 

Mr Kevin Jackaman representing the Licensing Authority advised the Committee that the Licensing Authority had maintained their representation as they were concerned as to how the Premises would promote the four licensing objectives. 

 

Mr Jackaman advised that this application was contrary to the following policies: Core Hours Policy HRS1, Restaurant Policy RTS1, Pubs and Bars Policy PB1 and the Cumulative Impact Policy CIP1.  He outlined that all hours on all floors were outside the Council’s Core Hours Policy.  It was, therefore, for members of the Committee to determine whether the applicant’s intention to surrender the two existing licences would be adequate to depart from policy and represent an improvement in terms of cumulative impact in the area.  Mr Jackaman then asked for clarification regarding how many guests a member would be allowed to bring into the Premises, what specific events would be held in the events space on the 1^st Floor and how many events would be held annually.

 

In response to questions from Mr Jackaman, Mr Kolvin advised that the events space would be used to hold dinners, book launches, talks, cocktail parties and charitable events.  He emphasised that the events would be very low-key events and the Applicant would prefer not to have a restriction on how many events could be held annually as it was a key revenue area of the business. He further added that members should not be restricted on how many guests they could bring onto the Premises as they may wish to hold work meetings or social events in the building, and it could be argued that each attendee was a guest.

 

Mr Ian Watson, representing the Environmental Health Service (EH), advised that EH had given pre-application advise to the Applicant and changes had been made to the application which would promote the licensing objectives.  He confirmed that EH did not have any objection to the roof terrace being opened until 23:00 hours as the noise survey that had been carried out in 2019 had concluded that the terrace being open to 23:00 hours would not create a noise nuisance. 

 

Mr Watson advised that EH did have concerns regarding the opening hour of the roof terrace at 07:00 hours as the surrounding area was much quieter at 07:00 hours than at 23:00 hours.  He explained that he was also concerned about waste and bottle collections and the number of smokers on the pavements.  He advised that he preferred that an overall capacity be set for the building instead of a capacity for each floor.

 

In response to questions from Mr Watson, Mr Kolvin confirmed that there would be glass screens located on the roof terrace along with plants and shrugs.  He advised that he was happy for a works’ conditions to be attached to the Premises Licence so that EH could inspect the roof terrace before it was open.  He advised that the Applicant wished for people to be allowed to use the roof terrace to have their breakfast outside on a nice sunny day however he was happy to change the opening time to 08:00 hours, however no licensable activities were taking place until 11.00 am. 

 

Mr Kolvin confirmed that people were be able to smoke on the terrace areas on each floor so they would not be cluttering up the pavement.  Mr Kolvin referred to the proposed agreed conditions regarding deliveries and waste collection and confirmed that the Applicant would be using the Council’s waste collection service and that there would be a glass crusher on site. 

 

Mr Richard Brown, solicitor from the Citizens Advice Bureau and representing the Soho Society and the local resident, set out his submission to the Committee.  He advised that Ms Ashford was unable to attend the hearing due to personal circumstances however she had sent a brief statement of what she would have said if she had been able to attend the hearing.  Mr Kolvin agreed that the statement could be read out to the Committee.

 

Mr Brown explained that the Interested Parties were not advising the Committee to refuse the application but to allow the Premises to operate within the Council’s Core Hours Policy and not any later: and especially not until 2am at the weekend.  He outlined that this was because the Premises would be offering vertical drinking and a range of regulated entertainment which presented a higher risk type of Premises Licence then a new restaurant Premises Licence. He outlined that Mr Kolvin was correct that the Interested Parties could not produce evidence that the Premises would cause a nuisance however Mr Kolvin could not produce evidence that the Premises would not cause a nuisance as the Premises was currently being refurnished.  It was a judgement for the Committee to determine based on the likely impact and promotion of the licensing objectives.

 

Mr Brown advised that the Interested Parties wanted the roof terrace to close at 10pm.  He further advised that Ms Ashford was the landlord of the pub next door to these Premises where she also lived with her two children.  He explained that she had an agreement with the landlord of the pub opposite that they would stop people drinking outside at 10pm which significantly reduced the noise in the street.  Therefore, the roof terrace at this new Premises should also close at 10pm to ensure consistency on that street. 

 

Mr Brown added that it should also close at 10pm because the capacity was 80 persons which was still quite a lot of people, planning permission had suggested a 10pm finish and pre-application advice from the Environmental Health Service had been for a 9pm finish.  He stated that he found it difficult to understand how the dispersal policy would mitigate noise nuisance with a 2am closing time.  Mr Brown also suggested that the delivery and collection times should start from 08:00 hours and not 07:00 hours.

 

Mr Brown then read out Ms Ashford’s statement to the Committee which outlined the issues that she had suffered when the Premises was a pub with a 3am Premises Licence.  Ms Ashford stated that her main concerns were the late-night opening hours until 2am and the opening of the roof terrace until 11pm.  She confirmed that when the tables and chairs were taken in off the pavement the street became much quieter.  She considered that when people left the Premises late night at night, they would continue to hang around outside causing noise nuisance that would wake up the residents.  She requested that the delivery and collection times start from 08:00 hours instead of 07:00 hours to give her family a little more respite from the noise of the West End. She advised that she looked forward to having a positive working relationship with her new neighbours. 

 

Mr Brown concluded by emphasising that the Committee carefully consider the hours of the ground floor bar and the roof terrace.  He respectfully asked that the ground floor bar be granted in line with the Council’s Core Hours Policy and that the roof terrace be closed by 10pm.

 

In response to questions from Mr Steve Burnett, Legal Advisor, to the Committee, Mr Elford, solicitor for the Applicant and the Applicant both confirmed that the Applicant did have the authority to surrender the two existing Premises Licences. 

 

Mr Kolvin explained that members had access to the building and its facilities 24/7 and therefore requested that restrictions/closing times in relation to each individual area in the building were not placed on the Premises Licence. 

 

Mr Burnett then discussed the numerous conditions with Mr Kolvin, the Responsible Authorities and Mr Brown and between them agreed amendments, deletions and additions to the conditions that would be attached to the Premises Licence if the Committee were minded to grant the application.  Discussions included the operation plan, timings of the waste collection and deliveries to the Premises, hours for the sale of retail of alcohol on the ground floor bar including drinking up time, the closing times of the bar and roof terrace and the confirmation that the Premises Licence Holder take responsibility for all entertainment in the events space.  Mr Kolvin suggested that the Committee could add a consumption condition to the Premises Licence to stop members consuming their own alcohol in the licensed areas of the building after the licensable hours had ceased.  Mr Kolvin confirmed that the Applicant wished to be granted the hours as outlined in the application with 30 minutes drinking up time. 

 

In summing up, Mr Brown advised that pragmatically the Interested Parties accepted that the Committee were likely to grant the application, however, he requested that they only do so in line with the Council’s Core Hours Policy as it was not reasonable for residents to be woken up at 2am by noisy people leaving a licenced Premises.

 

In summing up, Mr Jackaman confirmed that the Licensing Authority considered that this application came under the Council’s Combined Use Policy.

 

In summing up, Mr Kolvin emphasised that this Premises would be nothing like the Warwick pub and that the Applicant had carefully considered the concept of tapering customers numbers dispersing at the end of the evening to prevent noise nuisance in the area. 

 

He added that over 50 conditions would be attached to the Premises Licence which would promote the licensing objectives.  He concluded that this Premises was going to represent a material improvement to Westminster.

 

DECISION

 

The Committee has determined an application for a grant of a new Premises Licence under the Licensing Act 2003.   The Committee is aware that it has a duty to consider each application on its own individual merits and did so when determining this application.

 

In reaching their decision, the Committee took into account all the committee papers, supplementary submissions made by the parties, and the oral evidence given by all parties during the hearing in its determination of the matter.

 

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

 

In reaching its decision, the Committee had regard, but not exclusively to the fact that conditions had been agreed with the Responsible Authorities and that the Metropolitan Police Force was content with the application.

 

The Committee was persuaded by the arguments advanced by the Applicant that exceptional circumstances had been proven having regard to the premises and in particular the ground floor bar and restaurant being located within the West End Cumulative Impact Zone.  The Committee notes and was persuaded by the argument that a late-night, large capacity bar Premises Licence and a restaurant licence were being surrendered and that dispersal from the premise will now be gradual.

 

The Committee noted that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives. It was noted that the previous unpleasant experiences identified by the residents were as a result of the Warwick when it traded as a late-night, high energy, public house with a large capacity. This application reduces the terminal times for the sale of alcohol, the capacity of the ground floor bar and restaurant is reduced, and the proposed mixed-use style of operation is far removed from the previous operation.

 

The public (non-members) use of the bar and restaurant areas on the ground floor, nevertheless, caused most concern. In particular the opening time being sought for being 24 hours and the availability of alcohol (off sales) elsewhere in the premises. The hours for these areas are outside Westminster’s Core Hour Policy, and the Committee notes that the premises is located in the CIZ, and that dispersal could still cause a nuisance in the area.

 

The Committee also noted that the Applicant liaised with residents on a regular basis and the compelling argument from the acoustic expert that the terrace area was located above the nearest residential window and therefore, with additional acoustic work, the risk of noise nuisance would be minimal.

 

In reaching its decision, the Committee concluded that the conditions attached to the licence would alleviate the parties’ concerns and would address the concerns raised in respect of, in particular the ground floor bar and restaurant. The Committee also determined that the conditions were proportionate and appropriate and would promote the licencing objective.

 

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: -

 

First Floor Members’ Lounge and first floor Event Space

 

a)    To grant permission for the provision of Films (Indoors)

 

Sun – Wed 11.00 to 00.00

Thurs – Sat 11.00 to 01.00

 

First Floor Members’ Lounge, first floor Event Space and Sixth Floor members’ restaurant and members’ bar

 

a)    To grant permission for the provision of Live and recorded music and Late-night refreshment (Indoors)

 

Sun – Wed 23.00 to 00.00

Thurs – Sat 23.00 to 01.00

 

b)    To grant permission for the provision anything of a similar description to that falling within live and recorded music, and performance of dance (Indoors)

 

Sun – Wed 11.00 to 00.00

Thurs – Sat 11.00 to 01.00

 

c)     To grant permission for the Sale of Alcohol On and Off Premises

 

Sun – Wed 11.00 to 00.00

Thurs – Sat 11.00 to 01.00

 

First Floor Event Space

 

b)    To grant permission for the performance of Dance (Indoors)

 

Sun – Wed 23.00 to 00.00

Thurs – Sat 23.00 to 01.00

 

 

 

 

Ground floor restaurant

 

a)    To grant permission for the provision of Live and recorded music and Late-night refreshment (Indoors)

 

Mon – Thurs 23.00 to 23.30

Fri and Sat 23.00 to 00.00

 

b)    To grant permission for the provision anything of a similar description to that falling within live and recorded music, and performance of dance (Indoors)

 

Mon – Thurs 09.00 to 23.30

Fri and Sat 09.00 to 00.00

Sun - 09.00 to 22.30

 

c)     To grant permission for the Sale of Alcohol On and Off Premises

 

Mon – Thurs 07.00 to 23.30

Fri to Sat - 07.00 to 00.00

Sun - 07.00 to 22.30

 

Ground Floor Bar

 

d)    To grant permission for the provision of Live and Recorded music and Late-night refreshment (Indoors)

 

Mon – Wed 23.00 to 01.00

Thurs – Sat 23.00 to 02.00

Sun - 23.00 to 00.00

 

e)    To grant permission for the provision anything of a similar description to that falling within live and recorded music, and performance of dance (Indoors)

 

Mon – Wed 11.00 to 01.00

Thurs – Sat 11.00 to 02.00

Sun - 11.00 to 00.00

 

f)      To grant permission for the Sale of Alcohol On and Off Premises

 

Mon – Wed 11.00 to 01.00

Thurs – Sat 11.00 to 02.00

Sun - 11.00 to 00.00

 

Sixth Floor external terrace

 

b)    To grant permission for the Sale of Alcohol On and Off Premises

 

Mon – Sun 11.00 to 23.00

 

 

To grant permission for the premises to open to the public Mondays to Sundays 00.00 to 00:00 hours save for the ground floor restaurant and ground floor bar areas as detailed in condition 57.

 

To grant permission for seasonal variation for all licensable activities, save for:

 

a)    Films

b)    Performance of dance in the first-floor event space

c)     Anything of a similar description to that falling within live and recorded music, and performance of dance in the ground floor bar, ground floor restaurant, first floor Members’ Lounge, first floor Event Space and Sixth Floor members’ restaurant and members’ bar.

d)    Late night Refreshment in the ground floor bar, ground floor restaurant, first floor Members’ Lounge, first floor Event Space and Sixth Floor members’ restaurant and members’ bar.

 

Seasonal Variation shall be:

 

i. From the end of permitted hours on new year’s eve to the start of permitted hours on new year’s day.

ii. On any Sunday immediately preceding a bank holiday – until 02:00.

iii. An additional hour on the day on which the clocks go forward.

 

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

 

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

 

 

Conditions consistent with the operating schedule

 

11. Save for the ground floor restaurant and ground floor bar and their external areas (as shown shaded pink/orange and green/blue respectively on the plans supporting the application heard on the 8^th September 2022), licensable activities may only be provided to:

 

a. Members of a private club and their bona fide guests;

b. Bona fide guests of management; and

c. Persons attending a private, pre-booked event.

 

12. No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 24 hours between their nomination or application and their admission to the private club.

 

13. A legible list of the names and addresses of members of the private club (which may be electronic) shall be kept at the premises at all times together with a record (which may be electronic) legibly recording the names and dates of attendance of any guests introduced by members which shall be retained for a period of 31 days. Both the list and the record shall be produced on demand for inspection by Responsible Authority officers.

 

14. The restaurant area of the ground floor (shown shaded pink on the plans supporting the application heard on the 8^th September 2022) shall only operate as a restaurant:

 

a. in which customers are shown to their table or the customer shall select a table themselves

b. where the supply of alcohol is by waiter or waitress service only

c. which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table

d. which do not provide any takeaway service of food or drink for immediate

consumption off the premises

e. where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial tables meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

For the purpose of this condition ‘substantial table meal’ means a meal such as might be expected to be served as either breakfast, lunch, or dinner, or as a main course at any such meal and that is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purposes of a table.

 

15. The use of the second to fifth floors shall only be by:

 

a. office tenants i.e., those persons or companies with a minimum one-month

contract to occupy office space at the premises

b. co-working members

c. office members

d. virtual office or digital members

e. persons attending a private pre-booked event or function, a list of functions and persons attending to be kept at reception for inspection by Responsible Authority officers

f. Directors and employees of the licence holder and its affiliated companies

g. Day-pass visitors

h. Any guests of the above, a list of whom shall be kept at the premises at all times together with a record (which may be electronic) showing the names and dates of attendance of any guests introduced by members. All records shall be produced on demand for inspection by Responsible Authority officers.

 

16. The sale of supply of alcohol for consumption off the premises shall either be:

 

a. for consumption in office and co-working spaces between 11:00 and 20:00 daily.

b. in sealed containers and shall not be consumed in or immediately outside the premises until 23:00 daily; or

c. for consumption by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway in the external area (shown shaded orange and blue respectively on the plans supporting the application heard on the 8^th September 2022) in accordance with the terms of that permission.

 

17. No Regulated Entertainment shall be provided on the roof terrace.

 

18. Loudspeakers shall not be located in the entrance lobbies.

 

19. A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:

 

(a) the limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,

(b) The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder,

(c) The limiter shall not be altered without prior written agreement from the

Environmental Health Consultation Team,

(d) No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and

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

 

20. The roof terrace shall not be used (save in emergencies and by members of staff) between 23:00 and 07:00 daily.

 

21. 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 shall 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 and shall include the external area immediately outside the premises entrance. 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.

 

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 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.

 

24. Subject to a permitted wind-down substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

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

 

26. 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 shall record the following:

 

a. all crimes reported to the venue

b. all ejections of patrons

c. any complaints received regarding crime disorder

d. any incidents of disorder

e. any faults in the CCTV system

f. any refusal of the sale of alcohol

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

 

27. 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 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

 

28. From 9pm on a Thursday, Friday, and Saturday evening, the Premises Licence Holder shall engage a minimum of 2 SIA licensed door supervisor(s) who shall be on duty at the premises. The SIA licensed door supervisor(s) must correctly display their SIA licence(s) when on duty so as to be visible. At all other times, the requirement for SIA licensed door supervisors shall be a written risk-assessment. Such risk assessments shall be produced to the Police or Licensing Authority immediately upon request.

 

29. 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.

 

30. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

 

31. There shall be no sales of alcohol for consumption ‘Off’ the premises after 23:00 hours each day.

 

32. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00 hours each day.

 

33. All windows and external doors shall be kept closed after 23:00 hours each day, except for the immediate access and egress of persons.

 

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

 

35. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the need of local residents and use the area quietly.

 

36. 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.

 

37. No collection of waste or recycling materials (including bottles) from the premises shall take place between 23:00 and 07:00 hours on the following day.

 

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

 

39. With the exception of customers seating themselves at external tables patrons 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.

 

40. The premises licence holder shall ensure that any patrons smoking, eating, or drinking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

41. 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.

 

42. 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.

 

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

 

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

 

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

 

46. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

47. The premises shall implement a comprehensive dispersal policy and all customer facing staff shall be trained 6monthly in its implementation. The Policy shall be reviewed annually and whenever the Licensee becomes aware of issues associated with dispersal. The Policy shall be produced to the Police or the Licensing Authority immediately upon request.

 

48. No licensable activities shall take place 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.

 

49. No licensable activities shall take at the premises until the capacity of the premises has 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.

 

50. Before the premises open to the public, the plans as deposited shall be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed.

 

51. Before the premises open to the public and subject to the grant of an acceptable

premises licence the premises licence holder shall surrender and render incapable of

resurrection the following premises licence(s):

 

a. 20/05824/LIPT (original licence number: 05/09529/LIPN), namely, the Premises Licence for 3-4 Warwick Street, London W1B 5LS; and

b. 19/04464/LIPDPS (original licence number: 05/01986/LIPCV), namely the Premises Licence for 1-2 Warwick Street, London  W1B 5LR

 

52. The name and address of any person hosting a private, pre-booked event shall be kept at the premises at all times together with a record (which may be electronic) legibly recording the names of any guests attending that event which shall be retained for a period of 31 days. Both the name and address of the person hosting the event and the list of guests attending shall be produced on demand for inspection by Responsible Authority officers.

 

53. From 22:00 daily customers smoking outside the ground floor restaurant and bar shall be restricted to no more than 12 persons at any one time and shall be located within a designated smoking area located on Warwick Street. The said area shall be agreed with the Licensing Authority.

 

54. The number of persons accommodated at any one time in the licensed part of the premises shall not exceed 420 persons (excluding staff), subject to any lower level as fixed by the Environmental Health Officer as in condition 50, with the following local restrictions for each floor:

 

a. Ground floor restaurant and bar – 150

b. First floor - 150

c. Sixth floor – 120

 

55. There shall be no externally promoted DJ-led events at the premises at any time.

 

56. With the exception of non-intrusive deliveries (e.g. post, milk, pastries, newspapers etc.) there shall be no deliveries to the premises between the hours of 23:00 and 08:00 the following morning.

 

57. The ground floor restaurant and in the ground floor bar areas, shall close to members of the public at the end of the terminal times for the sale of alcohol in those areas.

 

58. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.

 

59. All events at the premises shall be risk assessed and the risk assessment shall be checked, and the event authorised by the general manager or in their absence, a nominated deputy. The written risk assessment shall be specific to the event and made available to the police and licensing authority upon their request.

 

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

 

The Licensing Sub-Committee

8 September 2022