Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Pimlico North   * None   ** None	Portico Hotel Victoria 30-32 St George’s Drive SW1V 4BN	New Premises Licence	22/08286/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE N0.6

(“The Committee”)

 

Thursday 27 October 2022 – Item 2

 

          

Membership:      Councillor Aziz Toki (Chairman)

Councillor Md Shamsed Chowdhury

                           Councillor Laila Cunningham 

 

Officer Support:       Legal Adviser:              Viviene Walker

                                Policy Officer:               Daisy Gadd

                                Committee Officer:      Sarah Craddock

                                 Presenting Officer:            Karyn Abbott

 

Other Parties:          Noel Samaroo (Agent on behalf of the Applicant, NTAD Consultants Ltd),

 

Ian Watson (Environmental Health Service)

 

Richard Brown, (Citizens Advice Westminster) representing Hugo Wood and Rachel Bulcock

Rachel Bulcock

                            

Application for a New Premises Licence – The Portico Hotel Victoria 30-32 George’s Drive London SW1V 4BN – 22/08286/LIPN

 

                                           Full Decision

 

Premises 

 

The Portico Hotel Victoria

30-32 St George’s Drive

London SW1V 4BN

 

 Applicant

 

Greysby Limited

 

Ward

 

Pimlico North Ward

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for

 

Sale by Retail of Alcohol (On Sales)

Monday to Sunday 00:00 to 00:00 hours

 

Hours Premises are Open to the Public

Monday to Sunday 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”).  The Premises are a newly refurbished London Hotel.  The Applicant has stated that the hotel will not be providing mini bars.  The bar will be closed at 23:00 hours to Non-Residents.  Alcohol will only be available after 23:00 hours by way of vending machine situated in the reception area or directly from the reception to hotel residents.  The reception is staffed 24 hours and covered by CCTV.

 

The Premises are located in Pimlico North Ward but not within the Cumulative Impact Zone or the Special Consideration Zone.  Applications outside the West End Cumulative Impact Zone will generally be granted subject to matters identified in Policy HOT1.  There is a resident count of 350.

 

Representations received

 

·       Metropolitan Police Service (withdrawn on 3 October 2022)

·       Environmental Health Service (EHS) (Ayesha Bolton)

·       Four local residents (one resident withdrew on 17 October 2022)

 

Summary of Objections

 

The hours requested for the supply of alcohol will have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.

 

The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance and may impact on Public Safety within the area.

 

The main impact from the hotel is the people stepping out onto the pavement at the front to smoke. They can be noisy and often drop litter and cigarette butts.

 

The hotel brings undue noise, horrible smoking to step out into, crowds outside our door and residual cigarette butts that are left behind.

 

 

Policy Position

 

HOT1

 

Applications outside the West End Cumulative Impact 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 sale by retail of alcohol, regulated entertainment and late-night refreshment must be an ancillary function to the primary purpose of the venue as a hotel.

4.     The application and operation of the venue meeting the definition of a hotel as per Clause C

 

HRS1

 

Applications within the core hours set out 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.

 

 

SUBMISSIONS AND REASONS

 

Ms Karyn Abbott, Senior Licensing Officer outlined the application to the Sub-Committee. She advised that representations had been received from the Environmental Health Service and four local residents (one resident withdrew the representations).  She further advised that the Metropolitan Police Service had withdrawn their representation as conditions had been agreed with the Applicant.  The Sub Committee noted that the Premises were located within the Pimlico North Ward but was not within a Cumulative Impact Zone or a Special Consideration Zone.  She confirmed that the additional submissions from the Applicant, Environmental Health Service and the Interested Parties had been circulated to the Sub Committee.

 

Mr Noel Samaroo (Agent on behalf of the Applicant) addressed the Sub-Committee. He stated that the Portico Hotel was a small 40-bedroom hotel which had been operating since 1976.  He explained that just before COVID the owners had undertaken an extensive transformation of the hotel to upgrade it to a three-star hotel and the Applicant now wished to offer their patrons a drink during the evenings to enjoy in the lounge area of the hotel and/or with their evening meal.  He outlined that the Applicant had consulted with the Responsible Authorities and because of the feedback received from the Police, the Applicant had changed the application so only residents and their guests could use the bar facilities.  He advised that there was no application for regulated entertainment.

 

 

 

Mr Samaroo advised that the Applicant had written to all residents and from their response it would appear that their main concern was the number of people smoking outside of the hotel and cigarette butts left in the street.  He stated that there had never been an issue until six weeks ago when the Council had requested that the hotel remove the ashtrays attached to the railings at the front of the hotel.  He advised that the Applicant proposed to place brass fire buckets either side of the double frontage doorway and notices requesting smokers to smoke in a particular area and extinguish their cigarette butts in the provided fire buckets.  He explained that the area would be monitored and cleaned regularly and added that he hoped that the residents would see this as a positive and pro-active move as the Applicant wished to be a good neighbour.  He confirmed that there had been no complaints in the 40 years that the hotel had been operating in the area.

 

Mr Samaroo advised that after consultation with the Police the Applicant had decided that alcohol would not be available by way of vending machine and that all alcohol would be served from the reception area.  He advised that the reception area was open 24 hours, seven days per week.  He stated that the lounge area had space for approximately ten customers to sit and have a drink.  He confirmed that the hotel was profitability without having the Premises Licence, and that the Applicant just wished to regulate the consumption of alcohol on the hotel Premises.  He advised that this would reduce anti-social behaviour in the area as it would stop guests leaving the hotel to purchase alcohol from local off-licences.  Guests would need to present their key card to the receptionist before being allowed to purchase alcohol.

 

In response to questions from the Sub Committee, Mr Samaroo advised that the Applicant had not realised that removing the cigarette ashtrays would create such a problem for residents.  He stated that not all the 40 bedrooms were double rooms, and that the majority of their bookings were made via booking.com.  He stated that the hotel did not allow people to walk in off the street to book a room.  He confirmed there had never been a need for a SIA.

 

Mr Ian Watson, representing the Environmental Health Service (EHS), stated that he had visited the hotel. He explained that the reception was immediate at the front of the building, all guests needed to be buzzed into the hotel lobby, the entrance was covered by CCTV and the lounge and basement were all seated areas.  He advised that there would be no sale of alcohol from vending machines or self-service and that all alcohol would be purchased from the receptionist. There were no mini bars located in the bedrooms.  He confirmed that here would be no off-sales of alcohol and that the proposed extensive list of conditions should alleviate residential concerns. 

 

Mr Watson stated that he did not know why the ashtrays had been removed from the railings, however, he considered that the fire buckets would be sufficient to collect cigarette butts.  He advised that the hotel had been refurnished and that there was a mixture of single and double rooms.  He stated that no complaints of public nuisance had been received from the public.  He confirmed that alcohol would only be available to residents and their bona fide guests so no alcohol could be sold to passer-bys and it would not be a public bar.

 

Mr Richard Brown (Citizens Advice Westminster) on behalf of two residents advised that the residents have lived left of the hotel from the street. He outlined that their main concern was people gathering outside the front entrance of the hotel to smoke.  He explained that very few off-licences remained open beyond 11pm so the granting of this Premises Licence would not necessary reduce anti-social behaviour in the area. He advised that the residents were not against the sale of alcohol for consumption on the Premises. However, they were concerned about the availability of alcohol 24/7 and people drinking and smoking outside of the hotel and creating noise nuisance.  He advised that the residents would ideally like the inclusion of two conditions a) that no consumption of alcohol would take place outside of the hotel rooms after 11pm and b) that no-more than four smokers be allowed outside of the hotel at any one time.  He further stated that the residents would like there to be a designated smoking area and for it to be marked on the plans. Mr Brown proposed that model condition 67 be added to the Premises Licence.

 

Ms Rachel Bulcock, resident, advised that when the smokers stood outside of the hotel, they could see directly into her living room, and she could hear their conversations as her flat did not have double glazing doors or windows.  She stated that their cigarette butts often landed onto their steps down to their flat.  She explained that her main concern was the number of people drinking and smoking in the street which would create noise nuisance and increase litter.  She advised that there had been a vast increase in cigarette butts being discarded on to the pavement since the removal of the ashtrays.  She requested that a condition limiting the number of guests of each patron be added to the Premises Licence and that the hotel actively monitor the number of people leaving the Premises to smoke.

 

In response to questions from Mr Brown, Mr Samaroo advised that the reception would monitor guests entering and leaving the building.  He suggested that a condition be placed on the Premises Licence that the reception also monitors the designated smoking area regularly to prevent public nuisance and/or obstruction of the pavement.  He emphasised that CCTV was in operation throughout the lobby area of the hotel.

 

During their summing up, Mr Watson stated that the hotel had no mini bars or vending machines containing alcohol and that all purchases of alcohol were supervised in the reception area.  Mr Brown stated  that he could not recall a hotel application that did not limit the number of guests of residents to a reasonable number.  Mr Watson concluded that the proposed conditions were sufficient to alleviate residential concerns. 

 

During his summing up, Mr Samaroo advised that the application was purely for the sale of alcohol (on) the Premises and not regulated entertainment.  He emphasised that the number of smokers outside of the Premises would be monitored and that there would be a Premises Licence Holder on the Premises 24/7.  He stated that it was important that the hotel offer of accommodation, food and drinks are attractive to customers as business was tough post pandemic. 

 

Conclusion

 

The Committee has a duty to consider the application on its own individual merits and 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 Service was content with the application. The Committee noted that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives. The Committee also noted that the Applicant was willing to liaise with residents on a regular basis.

 

The Committee concluded that the conditions attached to the licence would alleviate the parties’ concerns and would address the concerns raised, in particular the smoking outside of the Premises.

 

Having carefully considered the committee papers and the submissions made by all 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 the Sale by Retail of Alcohol (On Sales)

Monday to Sunday 00:00 to 00:00 hours.

 

2.     To grant permission for the Opening Hours for the Premises

Monday to Sunday 00:00 to 00:00 hours.

 

3.     That the Licence is subject to any relevant mandatory conditions.

 

4.     That the 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 the hearing with the agreement of the Applicant

 

9.        The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the City of 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 are 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 always be on the premises when the premises are 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.     If a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:

•         The Police (and, where appropriate, the London Ambulance Service) are called without delay.

•         All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police.

•         The crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.

 

12.     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.

 

13.      A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall always be available for inspection at the premises by the Police or an authorised officer of the Council whilst the premises are open.

 

14.      An incident log shall be kept at the premises and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

           (b) all ejections of patrons

(c) any complaints received concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

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

(g) any refusal of the sale of alcohol

           (h) any visit by a relevant authority or emergency service

 

15.     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.

 

16.     The DPS will ensure that the premises operate in line with existing health and safety legislation and is aware that it is also the responsibility of the premises licence holder that this legislation is adhered to.

 

17.      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.

 

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

 

19.      A direct telephone number for the manager at the premises shall always be publicly available whilst the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.

 

20.      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.

 

21.      No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.

 

22.     No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.

 

23.      The premises licence holder shall ensure that any patrons smoking 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.

 

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

 

25.      The DPS will take full responsibility to ensure that all staff training is documented and to include obligations under the Licensing Act 2003, offences under the Act, underage sales, proxy sales, sales of alcohol to drunks, awareness and application of policies particular to the premises and with a comprehensive knowledge of Challenge 25, 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.

 

26.      Training is to be fully documented and refreshed every six months. The training records will be presented to an authorised officer or the Police upon request.

 

27.     A Personal Licence Holder will be on duty throughout the time licensable activity is taking place to authorise any sale of Alcohol.

 

28.      Staff will receive training in terrorism awareness and procedures adopted by the premises licence holder in the event of a terrorist attack at or in the immediate vicinity of the premises. Such training will be recorded and updated in line with best practice and a copy of the training will be made available to the Metropolitan Police on request. 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.

 

29.      The Premises shall have policy on protecting children from child sexual exploitation. The policy shall include training for all staff on the signs and indications of child sexual exploitation as well as the reporting of suspicious activity to the appropriate authorities.

 

30.      Appropriate signs/posters shall be displayed in a prominent position highlighting the signs of child sexual exploitation.

 

31.      There shall be no supply of alcohol from vending machines on the premises.

 

32.      The supply of alcohol at the premises shall only be to hotel residents and their bona fide guests.

 

33.      The sale of alcohol to patrons’ guests shall be between 10:00 to 23:00 hours.

 

34.      Patrons permitted to temporarily leave and then re-enter the premises to smoke shall not be permitted to take drinks or glass containers with them.

 

35.      Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be limited to 4 persons at any one time and be restricted to a designated area to the left of number 32 St. George’s Drive.

 

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

 

The Licensing Sub-Committee

27 October 2022