Agenda item
The Office Group, 91 Wimpole Street, W1G 0EF
Minutes:
22 SEPTEMBER 2022
Membership: Councillor Aziz Toki (Chair) Councillor Angela Piddock and Councillor Tim Mitchell
Officer Support Legal Adviser: Horatio Chance
Policy Officer: Daisy Gadd
Committee Officer: Jack Robinson-Young
Presenting Officer: Karyn Abbott
Application for a Variation Premises Licence in respect of The Office Group 91 Wimpole Street London W1G 0EF 22/06708/LIPV
Other parties present: Craig Baylis (Kinglsey Napley LLP), Maxwell Koduah (Environmental Health Service), Alan Dorin (Local resident).
Full Decision
Premises
The Office Group
91 Wimpole Street
London
W1G 0EF
Premises Licence Holder
The Office Group Properties Limited
Cumulative Impact Area
None
Ward
West End
Special Consideration Zone
None
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises under the Licensing Act 2003 (“The Act”) in respect of The Office Group 91 Wimpole Street London W1G 0EF(“The Premises”). The Premises operates as an office space and was granted a Premises Licence in June of this year under licensing reference 22/02131/LIPN. The Office Group Properties Limited are the Premises Licence Holder (“PLH”). The PLH is returning to the Sub-Committee as their initial application did not cover the provision for the Off Sale of Alcohol. The PLH is seeking to permit off sales of alcohol to enable consumption of alcohol on the rooftop terrace area. No other off sales will be permitted. They are only wanting to service the businesses within their building and not to the public.
The Premises are located within the West End Ward but not located within the West End Cumulative Impact Zone or any Special Consideration Zone. There is no policy presumption to refuse the application. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives
There is a resident count of 45.
Representations received
• Metropolitan Police (PC Andy Elliott) WITHDRAWN
• Environmental Health (Maxwell Koduah)
• 2 Local residents (Objecting)
Summary of issues raised by objectors
The Metropolitan Police withdrew their application following consultation with the PLH and having visited the Premises and receiving further information on the use of the premises licence. The Environmental Health Service did agree conditions with the PLH but maintained their representation which initially centred on the possibility that the application may increase the level of Public Nuisance and impact of Public Safety, thereby undermining both the Prevention of Public Nuisance and Prevention of Public Safety licensing objectives. Two local residents objected on the grounds of an invasion of privacy as they live opposite the Premises with the potential to cause noise pollution and anti-social behaviour.
Policy Position
Policies HRS1 and PB1 apply under the City Council’s Statement of Licensing Policy apply (SLP).
HRS1
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:
1. 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
A. 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.
3. The operation of any delivery services for alcohol and/or late-night
refreshment meeting the council’s Ancillary Delivery of Alcohol
and/or Late-Night Refreshment Policy DEL1.
4. The applicant has taken account of the Special Consideration
Zones policy SCZ1 if the premises are located within a designated
zone.
5. The application and operation of the venue meet the definition of
a Public House or Bar in Clause D.
B. It is the Licensing Authority’s policy to refuse applications within
the West End Cumulative Impact Zone other than:
1. Applications to vary the existing licence hours within the council’s
Core Hours Policy HRS1.
2. Applications that seek to vary the existing licence so as to reduce
the overall capacity of the premises.
C. The applications referred to in Clause B1 and B2 will generally be
granted subject to:
1. The application meeting the requirements of policies CD1, PS1,
PN1 and CH1, and/or,
2. The operation of any delivery services for alcohol and/or late night
refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
3. The application and operation of the venue continuing to meet the definition of a Public House or Bar in Clause D.
D. For the purposes of this policy a Public House or Bar is defined as a premises, or part of a premises that’s primary use is the sale or supply of alcohol for consumption on those premises and/or for consumption off the premises for consumption outside the venue.
SUBMISSIONS AND REASONS
The Presenting Officer, Ms Karyn Abbott outlined the application to the Sub-Committee. She advised that this was a Variation of a Premises Licence regarding the Office Group 91 Wimpole Street London W1G 0EF who operate as an office space. The PLH is Office Group Properties Limited. The PLH was granted a licence in June of this year but due to a technical error in the application omitted to apply for the provision for the Off Sale of Alcohol. The PLH is seeking to permit off sales of alcohol to enable consumption of alcohol on the rooftop terrace area of the Premises. These off sales of alcohol are to service the businesses within their building and not to the public. There are to be no other off sales permitted
Mr Craig Baylis Solicitor appearing on behalf of the PLH addressed the Sub-Committee and advised that this application was a variation of a previous application that came before the Sub-Committee only three months ago. He said the rationale for the application is for when a tenant company in the building would like to organise an event to have in the roof terrace open space area. Currently, a tenant could buy alcohol and then take this up on to the terrace, but they cannot buy alcohol directly from the PLH because the Premises are not currently licensed to sell alcohol in this specific area of the Premises. The PLH would then be able to control this activity as it was being bought directly from them.
Mr Baylis advised that there would be no loud music or live music on the terrace area, these can be done internally only. This application would then fall in line with what a private individual could do. Mr Baylis agreed to a limit on the number of people outside at 50 when alcohol is being consumed with a terminal hour of 22:00. Mr Baylis also agreed a condition of no more than 30 events outside on the terrace area per calendar year.
Mr Maxwell Koduah from the Environmental Health Service addressed the Sub-Committee and referred to Condition 25, which states that no more than 40 events where licensable activity takes place per calendar, not 30 per calendar year. Mr Baylis replied explaining that 30 of these 40 events will be on the roof terrace, but that no more than 30 of the total 40 events will take place on the roof terrace. Mr Koduah explained that most of his concerns had been dealt with at the previous application earlier in the year.
Local resident Mr Alan Doran then addressed the Sub-Committee highlighting that he lives almost directly opposite the Premises and explained that in previous years there has been a number of events that have caused disruption from the noise pollution emanating from the roof terrace. When these events had taken place, Mr Doran said there was also a lack of privacy given the closeness of the buildings and the large windows in the property where he lives. Mr Doran said there had been few events out on the roof terrace and his main concern was the larger formal events, they are the ones which have a negative impact on him as a resident when considering nuisance. He was of the view that if the variation application were to be granted by the Sub-Committee more of these larger formal events are likely to take place. He advised that these events held music previously, be it recorded or a DJ in presence, where sound would travel in his flat.
In summing up Mr Koduah had nothing further to add likewise with Mr Doran, apart from the fact that he wanted the Sub-Committee to note and consider the closeness of the two buildings and how this variation if granted would increase and encourage noise.
In terms of summing up Mr Baylis stated that this was speculation from Mr Doran, and some events have as little as 5 or 10 people. He commented that the licence has conditions that would need to be enforced, but if the application was not granted by the Sub-Committee this would not stop the unlicensed events from continuing. Mr Doran retorted to this point, that granting the application will only encourage events to take place and to date, there have not been many events organised by tenants on the roof terrace. Mr Doran said that he would be concerned the current low number of events would rise, if the application was granted.
Conclusion
The Sub-Committee realises that it has duty to consider each application on its individual merits and did so when determining the application.
The Sub-Committee noted that the Premises Licence already permits the On sale of alcohol and the purpose behind this variation application is topermit Off sales to enable consumption of alcohol on the rooftop terrace area of the Premises to service the businesses within the building but not to the public.
The Sub-Committee concluded that the PLH had provided valid reasons why the Variation application should be granted. There are a number of comprehensive conditions on the licence that deal with the issue of nuisance so the right balance had been struck when considering the needs of local residents and the ability of the PLH to run his Premises in a way that will promote the licensing objectives.
The Sub-Committee noted the concerns of the resident objector when it came to the issue of potential noise on the terrace area. However, there must be a balance to be struck that will not disadvantage either party. If problems do occur then the resident is advised to report those concerns to the Councils Environmental Health Service.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had 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 permit Off Sales of Alcohol to enable consumption of alcohol on the rooftop terrace area of the Premises where no other off sales will be permitted.
2. In accordance with Paragraph 1 above to grant permission for the Sale by Retail of Alcohol (Off the Premises) Monday to Saturday 10:00 to 22:00 Sunday 12:00 to 22:00 hours.
3. That Condition 24 on the Premises Licence is hereby removed from the Premises Licence and ceases to have effect after the Environmental Health Service confirmed the works condition was complied with.
4. That the total number of people permitted on the roof top terrace shall be limited to 50 people as specified below in condition 30.
5. That the varied licence is subject to any relevant mandatory conditions.
6. That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.
7. That the varied licence is subject to the following additional conditions and imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with agreement of the Applicant
8. 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.
9. 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.
10. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
11. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
12. No deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.
13. 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.
14. 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.
15. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
16. 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.
17. The supply of alcohol shall only be to employees at the premises, their bona fide guests, or persons attending a private pre booked function.
18. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as offices.
19. 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.
20. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the a. premises where the only acceptable forms of identification are recognised b. photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
21. There shall be no advertisement of the licensed facilities outside of the premises.
22. Non-intoxicating beverages shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
23. 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.
24. There shall be no more than 40 events where licensable activity takes place per calendar year and for the avoidance of doubt a maximum of 30 events may take place in the roof terrace.
25. There shall be no consumption of alcohol after 23:00 hours.
26. The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol consumed on the 4th floor roof terrace only as shown on the licence plan.
27. There shall be no sales of alcohol for consumption off the premises after 22.00 hours.
28. The speakers on the roof terrace shall only be permitted to provide background music only.
29. The number of persons permitted on the roof terrace at any one-time (excluding staff) shall not exceed (50) persons.
30. 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.
This is the Full Decision of the Licensing Sub-Committee takes effect forthwith.
The Licensing Sub-Committee
22 September 2022
Supporting documents:
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91 Wimpole Street Report_Redacted, item 2.
PDF 921 KB - Restricted enclosure View the reasons why document 2./2 is restricted