Agenda item
The Gurkha at Raffles Hotel, Old War Office, Whitehall, SW1A 2BX
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)
Martin White – Resident and on behalf of Whitehall Court Management Committee
Charles Sauld on behalf of Martin White
Application for New Premises Licences – Gurkha at RAFFLES HOTEL, Old War Office Whitehall London SW1A 2BX - 22/10460/LIPN
Full Decision
Premises:
Gurkha
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 2 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 restaurant.
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
Films, Live Music, Recorded Music (Indoors)
Monday to Sunday: 09:00 to 01:00 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)
Monday to Sunday: 23:00 to 01:00 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)
Monday to Sunday: 09:00 to 01:00 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 other than to the Terrace from 09.00 to 23.00
Hours Premises are open to the Public
Monday to Sunday: 09:00 to 01:00 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.
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 )
· Suneil Setya (Resident)
· Sandrine Harris(Resident)
· Keith Gubbin (Resident)
· Bruce Walker (Resident)
· Andrei Spence (Resident)
· Chris Jones (Resident)
· Martin White (Resident)
· Louise Hobbs (Resident)
· Amanda Leness (Resident)
· Casper Hobbs (Resident)
· Chow Chua (Resident)
· Major Mani Rai MBE – support (Resident)
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.
Serious concerns from the residents mainly about use of the outside area, late hours (02.00) of serving food and alcohol,
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. In relation to this application for the Gurkha restaurant, Mr Thomas advised the Committee that the outside area, which is the most contentious part of the application, would not be used for live or recorded music and the premises windows will be closed.
9. Mr Thomas stated that there is no direct access to the outside area, patrons must go through the restaurant and be directed to their seats.
10. The Committee were informed that the nearest residential accommodate is one of the Hotels’ Apartments and although the branding of the premises will be different to the hotel, all management functions will be controlled by the Raffles.
11. Mr Thomas asserted that the level of restrictions required by the objectors is not necessary and a ‘light touch’ should be applied. He asserted this is a fine dining restaurant and some events may take place therefore, this does not require a condition to limit the operation.
12. Mr Thomas further stated that the distance of the terrace to the external flats is about 60 mts and there will be no recorded music in the outside terrace. They have now also limited the trading of the area to 21.00.
13. In response to questions from the Committee, the Applicant confirmed delivery and waste collect would be from an internal yard and there is a lift which leads to a storage area. Mr Thomas stated that access and egress through the hotel to the main entrance on Whitehall would be impractical.
14. The Committee were advised that although there is an application for live music, they are happy to withdraw that part of the application.
15. Sally Fabbricatore informed the Committee that the EHO welcome the reduction in hours and that the premises remains ancillary to the use of the hotel. She further stated that other restaurants attached to hotels in the immediate vicinity were not subject of the MC66 restaurant conditions.
16. Mr Lavell informed the Committee that this application should not fall under HOT1 as it is a separate application for a restaurant and not part of the Hotel application. Furthermore, the restaurant has its own access and egress. The restaurant will employ its own DPS and is operated by a third party. Mr Lavell still requires and feels that it is appropriate that MC66 condition and core hours is attached to this Premises Licence.
17. Mr White stated to the Committee that there are no other hotels in the area with a terraced area. The terrace area causes residents’ concern. The area consists of young families, aged occupants and it is believed the external terrace should not be permitted in a historically quiet area and where on occasions there are demonstrations.
18. Mr Auld added the terrace is not 60 mtrs form the residents. He emphasised that resident prefer conditions which they can refer to and ensure the operators are accountable. He expressed concerns that dispersal to Embankment tube station has been omitted by the Applicant.
19. Mr Auld still requires customers to use the hotel entrance, SIA door supervisors to remove smokers to Whitehall and the Committee were asked to note that the gardens in which staff will be advised to smoke closes from dusk to dawn.
20. In summary to the Committee, the EHO confirmed that the Civil Service club has an outside terrace area and a route from the Gurkha through the hotel is convoluted.
21. Mr Thomas summarised that with the ancillary condition on the premises licence the premises cannot be sold on without Raffles permission and Raffles want the restaurant to be a part of the hotel. He stated that staff will not be permitted to smoke on Whitehall Court and customers smoking will be directed to Whitehall.
22. Mr Thomas agreed to add additional conditions permitting the hotel facilities to be used by the premises, the removal of live music if the Committee is minded, a condition preventing staff smoking in Whitehall Court, 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.
The Committee note in particular that each case is decided based on its own individual merits. Reference to other hotels operation have been given limited weight. The Committee also note that it is their duty to promote the licensing objectives including the prevention of public nuisance.
This site has a separate entrance to the hotel and a third-party operator. It is also noted that this operation is facing residential premises and the evidence given is that this premises will operate in the main as a fine dining restaurant. However, there are numerous residential concerns about the operation of this premises and use of the external area. It is appropriate to ensure that the premises does not morph into anything more than a restaurant, considering its proximity to residential premises.
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:
Films, Recorded Music (Indoors)
Monday to Sunday: 09:00 to 01:00 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)
Monday to Sunday: 23:00 to 01:00 hours
Non-Standard times: 01:00 to 05:00 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)
Monday to Sunday: 09:00 to 01:00 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 other than to the external terrace permitted from 09.00 to 23.00 only.
Hours Premises are open to the Public
Monday to Sunday: 09:00 to 01:00 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.
2. To refuse permission for:
Live Music (Indoors)
Monday to Sunday: 09:00 to 01:00 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.
3. Relevant Mandatory Conditions 1-9 to apply
4. Conditions deemed appropriate and proportionate, imposed by the Committee after a hearing:
10. 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.
11. All sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only, except for alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway or residents of Raffles Hotel and the Raffles Apartments and their bona fide guests.
12. The supply of alcohol shall be by waiter or waitress service only.
13. 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.
14. Save for residents of Raffles Hotel and the Raffles Apartments and their bona fide guests there shall be no sales of alcohol for consumption ‘Off’ the premises after 23.00 hours.
15. Save for residents of Raffles Hotel and the Raffles Apartments and their bona fide guests, there shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.
16. 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.
17. 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.
18. 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.
19. 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 preceding 31 day period.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
28. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
29. 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.
30. No external deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.
31. 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.
32. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be directed to Whitehall or to the external smoking area inside the Hotel.
33. Staff shall not be permitted to smoke on Whitehall Court.
34. 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.
35. All outside tables and chairs on the public highway shall be rendered unusable or removed from the outside area by 21.00 hours each day.
36. The external terrace on the public highway shall not be used between 21.00 hours and 09.00 hours daily
37. The internal Courtyard terrace shall not be used for licensable activity between 23.00 hours and 09.00 hours daily
38. 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.
39. 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.
40. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
41. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
42. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
43. All fabrics, curtains, drapes and similar features shall be either non-combustible or be durably or inherently flame retarded fabric.
44. 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.
45. 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.
46. 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.
47. 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.
48. The need for SIA registered security shall be risk assessed on a continual basis. This risk assessment shall be made available upon request from a police officer or local authority officer.
49. There shall be no entry or re-entry to the premises after 00:30 save for residents and their bona fide guests.
50. Facilities, services and security of the hotel shall be available to this premises at all times that licensable activities are taking place.
51. Licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a hotel.
52. Between 01:00 and 09:00 the provision of licensable activities shall only be to residents and their guests.
53. Patrons leaving the Premises shall be directed by employees toward Whitehall.
54. Save for off sales to residents of Raffles Hotel and the Raffles Apartments and their bona fide guests, from 21.00, the premises shall only operate as a restaurant,
(i) in which customers are shown to their table or the customer will select a table themselves,
(ii) where the supply of alcohol is by waiter or waitress service only,
(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
(iv) 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 table 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 the main midday or main evening meal, or as a main course at either such meal and 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 servicing the purposes of a table.
Notwithstanding this condition customers alcohol may be supplied and consumed by patrons prior to their meal in the bar and are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
The is the Full Decision of the Licensing Sub-Committee which takes
effect forthwith.
The Licensing Sub-Committee
16 February 2023
Supporting documents:
-
The Gurkha_New_Premises_Report 24.02.2023_Redacted., item 2.
PDF 10 MB - Restricted enclosure View the reasons why document 2./2 is restricted
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