Agenda item
Raffles Hotel, Old War Office, Whitehall, London
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 24th February 2023
Membership: Councillor Aziz Toki (Chair),
Councillor Maggie Carman and Councillor Jim Glen
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Other Parties: Mr Alun Thomas (Thomas and Thomas) on behalf of 57 Whitehall Sarl (the Applicant)
From the Applicant:
· Mark Hastings – Director F&B
· Nick Glenister – Finance director
· Nicholas Du Toit – Accor Executive director
From WDS – Applicant’s representative:
· Madani Sow – CEO
· David Hernandez – Project director
· Geoff Hull – architect
Environmental Health (EHO) – Sally Fabbricatore
Mr Macus Lavell (RSL Law) - on behalf of Mr Gabr (resident)
Application for New Premises Licences – RAFFLES HOTEL, Old War Office Whitehall London SW1A 2BX - 22/10484/LIPN
Full Decision
Premises:
RAFFLES HOTEL
Old War Office (OWO)
Whitehall
London
SW1A 2BX
Applicant
57 Whitehall Sarl
Ward
St James’s
Cumulative Impact Zone
None
Special Consideration Zone
None
Summary of Application
This is a hearing of an Agenda Item 1 which was adjourned on the 2nd February 2023, as it was in the public interest for the Committee to request the Applicant to provide further and better particulars, so that a fully informed Decision could be made.
This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). The Premises is to operate as a Hotel with ancillary facilities.
There is a resident count of 112.
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.
Proposed Licensable Activities and Hours
Plays, Films, Live Music, Recorded Music, Performance of Dance, anything of similar description (Indoors)
For Public Areas, Ballroom (Basement 2), Spa (Basement 4 and Basement 1), Secondary Floor and Speciality Suites
Monday to Sunday: 09:00 to 02:00 hours
Non-Standard times: 00:00 to 00:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Late Night Refreshment (Both)
Public Areas, Ballroom (Basement 2), Spa (Basement 4 and Basement 1), Secondary Floor and Speciality Suites
Monday to Sunday: 23:00 to 02:00 hours
Non-Standard times: 00:00 to 00:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Retail Sale of Alcohol (On and Off Sales)
Public Areas, Ballroom (Basement 2), Spa (Basement 4 and Basement 1), Secondary Floor and Speciality Suites only.
Monday to Sunday: 09:00 to 02:00 hours
Non-Standard times: 00:00 to 00:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Off sales 09.00 to 23.00 only
Retail Sale of Alcohol (On and Off Sales)
Ground floor Quadrangle (Terrace) only
Monday to Sunday: 09:00 to 23:00 hours
Non-Standard times: 09:00 to 23:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Off sales 09.00 to 23.00 only
Hours Premises are open to the Public
Monday to Sunday: 00:00 to 00:00 hours
Representations Received
· Metropolitan Police Service (PC Tom Stewart) - Withdrawn
· Environmental Health Service (Ian Watson)
· Marcus Lavell – RLS Law on behalf of Mr Shafik Gabr (Residents.)
Issues raised by Objectors
· The hours requested for the Supply of Alcohol will have the likely effect of causing an increase in Public Nuisance within the area.
· 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 area.
· 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 area.
· Venue will attract customers due to it late hours for licensable activities.
· OWO has significant capacity.
· Late sales of alcohol will attract crime and disorder.
· Noise breakout and dispersal will lead to disturbance of residents.
· Departing customers will be at risk of injury by traffic.
· Impact on child living in the area will be substantial if the application is granted.
· Conditions fail to adequately address the Licensing Objectives.
Policy Considerations
CD1, PS1, PN1, CH1, RNT1, HOT1, MD1, HRS1 and PB1
SUBMISSIONS AND REASONS
1. Mr Jackaman summarised the application and informed the Committee that the Applicant had agreed the EHO proposed conditions and amended the timings for street facing operations and internal and external terraces. The proposed licence plans and licensable activities for various areas of the Hotel had also been amended.
2. Mr Thomas on behalf of the Applicant provided an overview of the development of the new Raffles Hotel.
3. The Committee was informed that The Old War Office (OWO) is a historical building to be transformed into a Raffles Hotel.
4. All 3rd party operators will be subject of the same management controls as the hotel. Raffles will manage security, deliveries etc. 3rd parties will operate the Gurkha, Rooftop Restaurant and Bar, Pavilion and Whitehall as high-end restaurants and the Cambridge will be a bar operation. Mr Thomas identified the location of individual areas at the hotel including the apartments, ballroom, pool, staff access and egress, main entrance and licensed areas.
5. The hotel has the benefit of an internal car/taxi entrance with a roundabout and a carpark.
6. Mr Thomas then directed the Committee to the summary of the amendments to the original application at page 32 of the agenda papers and details of the dispersal policy at page 44 onwards.
7. The capacities of the main licensed areas are approximately a maximum of:
a. The ballroom, 820
b. Gurkha 75, internal terrace 30 and external terrace 20.
c. Pavilion 160 internally, 40 internal terrace.
d. Cambridge 50 internal and 20 external terrace
e. Whitehall 120 internal, 30 in the external terrace
f. Rooftop 120 internally and 90 in the external terrace.
8. Mr Thomas informed the Committee that the issue in relation to this application is the use of the licensed area by non-residents after 23.00 and use should be restricted to Westminster’s Core Hours. He referred the Committee to their Statement of Licensing Policy, (SoLP) Policy HOT1, F70 and F71. The operation of the premises will be low impact, more protection and the impact of the licensed areas will be restricted to prevent a nuisance to local residents and the hotel’s own residents.
9. In response to the Members questions, Mr Thomas explained Raffles will manage the whole building and 3rd Party operations will be oversee by Raffles. They have requested all licensable activities for the hotel facilities.
10. The Committee was informed that the dispersal scheme has been approved by planning, and all licensed areas have secondary glazing.
11. Raffles confirmed they are reluctant to have Model Condition MC66 as this is not required under Westminster’s Hotel Policy, subject to the restaurants being ancillary to the use of the hotel. Mr Thomas asserted that the committee should consider whether proposed conditions are appropriate and proportionate, taking into account the nature of the operation.
12. The Committee sought more information about large events at the premises. Safter some discussion, the Applicant agreed to exits from such events in the ballroom shall be onto Whitehall through the main entrance. They also confirmed that smokers will be directed to Whitehall.
13. Sally Fabbricatore, EHO, stated to the Committee that this is a large-scale application beyond Core Hours. However, all conditions proposed have been agreed. She confirmed that there have been no complaints about the trade of other hotels in the immediate vicinity. Use of the areas at the hotel will rarely be to the maximum capacity and dispersal is likely to be gradual onto Whitehall.
14. Mr Lavell on behalf of the resident, stated that his clients are concerned bout the significant number of customers in a previously quiet residential area. This is the primary application under Policy HOT1. It can be used for large events and receptions. Hours should therefore be restricted for public use. The Committee was informed that the nearest tube station was Embankment and the Applicant’s dispersal policy does not take into account that the most direct route from the hotel would be through a residential area.
15. The Committee were also advised that another concern was smokers at the Premises. If smokers congregated at nearby residential premises, this would cause a noise nuisance where it didn’t exist previously. The residents would rather smoking took place inside the Courtyard at the Premises.
16. Mr Lavell then requested the Committee heard from residents who had not made representations to this application. Mr Thomas objected to this.
17. The Committee Determined that they will only hear from Parties who had made representations.
18. In summary the EHO confirmed that in her view the Applicant were good operators.
19. Mr Thomas summarised to the Committee that this is to be a five-star hotel, therefore there is no need to make the use of SIA registered door staff or restrictions to smokers subject of conditions. The premises will not trade as a nightclub and the operation will not impose on the nearest residents which in fact are hotel residents. The hotel will bring a benefit to the area and from the evidence heard, it is unlikely that the licensing objectives will be undermined by the Applicant.
20. The Applicant agreed to conditions directing customers and smokers to the main exit on Whitehall, away from residential premises.
21. Mr Thomas also requested that the restrictions his proposed conditions relating to the provision of off sales after 23.00 and off sales in sealed containers to exclude residents of the Raffles Apartments and their bona fide guests. He also requested that hotel bedrooms should be excluded from the requirement to close windows and doors after 21.00.
22. Mr Thomas agreed to add additional conditions preventing staff smoking in Whitehall Place, patrons smoking to be directed to Whitehall and an amendment to the condition ensuring the final layout of the Premises accords with the plans.
DECISION
Application GRANTED subject to the following conditions in addition to the Mandatory Conditions applicable to this type of application
The Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.
Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties 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:
Plays, Films, Live Music, Recorded Music
Performance of Dance, anything of similar description (Indoors)
Public Areas, Ballroom (Basement 2), Spa (Basement 4 and Basement 1), Secondary Floor and Speciality Suites only.
Monday to Sunday: 09:00 to 02:00 hours
Non-Standard times: 00:00 to 00:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Late Night Refreshment (Indoors)
Public Areas, Ballroom (Basement 2), Spa (Basement 4 and Basement 1), Secondary Floor and Speciality Suites only.
Monday to Sunday: 23:00 to 02:00 hours
Non-Standard times: 00:00 to 00:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Retail Sale of Alcohol (On and Off Sales)
Public Areas, Ballroom (Basement 2), Spa (Basement 4 and Basement 1), Secondary Floor and Speciality Suites only.
Monday to Sunday: 09:00 to 02:00 hours
Non-Standard times: 00:00 to 00:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Off sales 09.00 to 23.00 only
Retail Sale of Alcohol (On and Off Sales)
Ground floor Quadrangle (Terrace) only
Monday to Sunday: 09:00 to 23:00 hours
Non-Standard times: 09:00 to 23:00 for residents and bona fide guests. From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Off sales 09.00 to 23.00 only
Hours Premises are open to the Public
Monday to Sunday: 00:00 to 00:00 hours
2. Relevant Mandatory Conditions 1-9 to apply
3. Conditions deemed appropriate and proportionate, imposed by the Committee after a hearing:
10. Licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a hotel.
11. Between 02:00 and 09:00 the provision of licensable activities shall only be to residents and their guests.
12. Between the hours of 09.00 to 10.00 Monday to Saturday and 09.00 to midday Sunday the sale of alcohol shall be ancillary to the provision of food, with the exception of residents and their guests.
13. Save for alcohol provided to residents of the Raffles Apartments and their bona fide guests, all sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers.
14. A waiter or waitress service shall be provided.
15. 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.
16. Save for alcohol provided to residents of the Raffles Apartments and their bona fide guests, there shall be no sales of alcohol for consumption ‘Off’ the premises after 23.00 hours.
17. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.
18. After 21.00 hours, there shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
19. After 23.00 hours patrons permitted to temporarily leave and then re-enter the premise, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
20. A Challenge 21 or 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, military ID card, passport or proof of age card with the PASS Hologram.
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 31days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
22. 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 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.
23. 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) any complaints received concerning crime and disorder
(c) any incidents of disorder
(d) any faults in the CCTV system
(e) any refusal of the sale of alcohol
(f) any visit by a relevant authority or emergency service.
24. After 00.00 hours each day pedestrian access and egress to the premises shall only be via the main hotel entrance on Whitehall, except in the case of emergencies.
25. All public entrances shall be supervised by a responsible member of staff at all times when that part of the premises is open to the public.
26. 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.
27. 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.
28. Save for in hotel bedrooms, all windows and external doors shall be kept closed after 21.00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
29. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.
30. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
31. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
32. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
33. No external deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.
34. 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 wept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
35. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be directed to Whitehall or to an external smoking area inside the Hotel.
36. 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.
37. 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.
38. 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.
39. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
40. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
41. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
42. All fabrics, curtains, drapes and similar features shall be either non-combustible or be durably or inherently flame retarded fabric.
43. The hours for licensable activities and the opening times may be extended on New Year's Eve from the end of permitted hours to the start of permitted hours on New Year's Day.
44. 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.
45. 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.
46. 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.
47. The Premises shall have policy on protecting children from child sexual exploitation. The policy shall include training for all front of house staff on the signs and indications of child sexual exploitation as well as the reporting of suspicious activity to the appropriate authorities.
48. 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 front of house staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they
The is the Full Decision of the Licensing Sub-Committee which takes effect
forthwith.
Informative
The Licensing Sub-Committee heard extensive evidence from the Applicant about the use and training of security personnel at the Premises. It is therefore expected that the Applicants best endeavours shall be used through their staff and security to prevent nuisance from being caused by users of the hotel and the facilities.
The Licensing Sub-Committee
24 February 2023
Supporting documents:
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Raffles Hotel_Redacted 1, item 1.
PDF 16 MB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted
- Restricted enclosure View the reasons why document 1./4 is restricted