Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s None* West End Buffer **	Aire Ancient Baths London, 2-3 Robert Street,      WC2N 6BH	Variation to the Premises Licence	22/06449/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

 

Thursday 15 December 2022

          

Membership:   Councillor Maggie Carman (Chair),

             Councillor Concia Albert and Councillor Caroline Sargent.

                            

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Georgina Wills

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          David Edbring – Director Aire Ancient Baths London Ltd (the Applicant)

 

 

Application for a variation of a Premises Licence for Aire Ancient Baths London, 2 - 3 Robert Street, London WC2N 6BH - 22/06449/LIPV

 

 

Full Decision

 

Premises: 

 

Aire Ancient Baths London,

2 - 3 Robert Street,

London WC2N 6BH

 

Applicant

 

Aire Ancient Baths London Ltd

 

Ward:

 

St James’s

 

Special Consideration Zone:

 

West End Buffer.

 

Activities and hours applied for:

 

1.     Recorded Music

 

Monday to Thursday:  from 10.00 until 22.00 to 10:00 until 00:00 hours

 

2.     Retail Sale of Alcohol (On Sales)

 

Monday to Thursday:  from 10.00 until 22.00 to 10:00 until 00:00 hours

 

3.     Hours Premises are open to the Public

 

Monday to Thursday:  from 10.00 until 22.00 to 10:00 until 00:00 hours

 

 

Summary of Application

 

This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). 

 

The premises currently operates as a spa providing massages, spa baths and other treatments. Alcoholic beverages (wine and champagne) are served to users of the facility who have selected this option as part of a pre-paid package or chosen to add drinks to their treatment on the day.

 

The premises is currently subject of an existing Premises Licence which allows recorded music and the sale of alcohol:

 

Mon to Thurs 10.00 to 22.00

Fridays and Saturdays 10.00 to 00.00

 

The application attracted two residential objections.

 

There is a resident count of 163.

 

Summary of Representations

 

The thrust of those written objections received were on the grounds of prevention of public nuisance. The objectors state that there is already a lot of noise in the area particularly on Fridays and Saturdays, the premises will attract crowds to the area and the shop will attract customers ‘hanging’ around the front  of the Premises.

 

Policy Position

 

·       SCZ – West  End Buffer Zone :

 

Although all incident rates are well above the borough average, the key local issues that need to be considered by applicants are:

• Robberies.

• Theft.

• Antisocial behaviour on and around public transport.

• Incidents relating to ambulance call outs at night to the locations of licensed premises for intoxication, injury related to intoxication and/or assault

 

·       HRS1 – 10a

 

Shops (all licensable activities that are provided as ancillary to the primary use of the premises as a shop except the off sale of alcohol)

o   Monday to Thursday: 9am to 11.30pm.

o   Friday and Saturday: 9am to Midnight.

o   Sunday: 9am to 10.30pm.

o   Sundays immediately prior to a bank holiday: 9am to Midnight.

 

·       SHP1 –

 

Applications for a shop 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 are within the council’s Core Hours Policy HRS1.

4. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.

5. The application and operation of the venue meeting the definition of a shop

 

SUBMISSIONS AND REASONS

 

1.     Jessica Donovan outlined the application to the Committee. The Committee was advised by Ms Donovan that representations had been received from two interested parties but only the Applicant had attended the hearing.

 

2.     Mr Edbring, Director of the Applicant Company, addressed the Committee and explained that the Premises had a grand opening on the 3^rd July 2021 and provide a unique environment for customers to bathe and have a massage in a ‘whisper’ environment.

 

3.     The Committee was informed that the variation application was submitted as a result of planning permission being granted for the premises to trade Mondays to Sundays until 00.00.

 

4.     The Applicant stated that each customer must book their appointment at the premises and they are restricted to one glass of Cava or fruit juice. Excessive drinking is not promoted, guests do not linger outside, there is no dedicated outside area and they have never had a complaint from the neighbours.

 

5.     Mr Edbring had tried to communicate with the objectors, but the Committee was advised that there was no response.

 

6.     In response to questions from the members, Mr Edbring confirmed that alcohol is served in polycarbonate glasses. He has made this application as a result of demand for this service. They also exercise a ‘whisper Policy’’ where guests are encouraged to speak in hushed tones.

 

7.     The Committee were informed that packages were offered with a maximum group of 4 persons but only 44% of customers actually wanted an alcoholic drink. The operators made use of an incident book and in response to a question from the Legal Adviser, Mr Edbring confirmed that he was willing to reduce the terminal time for the sale of alcohol by 30 min.

 

 

DECISION

 

The Committee has determined an application for a grant of a variation of a Premises Licence under the Licensing Act 2003.

 

The Committee noted that there were no representations from the Relevant Authorities and that although there were two representations, the operation of the premises was not as a shop and they had been trading under Temporary Event Notices and on Fridays to Sundays until 00.00 without complaint or enforcement action,

 

The Premises is a Spa operation, and the existing premises licence is also already subject to a condition which restricts the sale of alcohol for consumption on the premises and that supply of alcohol will always be ancillary to a pre-booked spa experience or ordered on the day ancillary to a treatment.

 

The Committee also notes that there is no outside area at the premises.

 

The Premises and their customers have never been subject to, or involved in crime and disorder, nuisance or anti-social behaviour.

 

Having carefully considered the committee papers, and the submissions made by the Applicant orally, the Committee has decided, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: - 

 

1.     To grant permission for:

 

1.     Recorded Music

 

Monday to Thursday:  23:00 until 00:00 hours

 

2.     Retail Sale of Alcohol (On Sales)

 

Monday to Thursday:  10:00 until 23:30 hours

 

3.     Hours Premises are open to the Public

 

Monday to Thursday:  10:00 until 00:00 hours

 

2.     Subject to the relevant Mandatory Conditions and

 

3.     Subject to the existing conditions consistent with the operating schedule, namely:

 

 

9. The supply of alcohol will always be ancillary to a pre-booked spa experience or ordered on the day ancillary to a treatment.

 

10. All alcoholic drinks served within the spa area will be in polycarbonate or plastic

containers.

 

11. 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

 

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

 

The Licensing Sub-Committee

15 December 2022