Agenda item
The Raffles Apartments, 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: Jessica Donovan
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 APARTMENTS, Old War Office Whitehall London SW1A 2BX - 22/10514/LIPN
FULL DECISION
Premises:
Raffle APARTMENTS
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 5 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 leased Apartments 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
Films, Recorded Music (Indoors)
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.
Plays, Live Music, Performance of Dance, anything of similar discription (Indoors)
Monday to Sunday: 09:00 to 02:00 hours
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 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 Sales)
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.
Apartments serviced by way of off sales when required.
Hours Premises are open to the Public
Monday to Sunday: 00:00 to 00:00 hours
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.)
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 this application is for separate self-contained Apartments for residents and their guests only, save for one room identified on the supporting plans as a hatch black area. (Committee agenda page 264).
9. Mr Thomas advised the Committee that although the Apartments are not included in the licensed areas, residents can acquire alcohol from off sales provisions at the hotel, bring their own alcohol or obtain it from the communal areas shown on the supporting plans.
10. There are 85 Apartments which are sold on a long lease. They have seven lounges and their own kitchens and other facilities such as a gym, separate access and egress, courtyard area etc.
11. Sally Fabbricatore, EHO, stated to the Committee that there are no major concerns but she would like caution in dealing with licensable activities in any garden area, leading to noise breakout.
12. Mr Lavell on behalf of the resident, stated that having seen the amendments to the application and in view of Mr Thomas explanation, he has no comments in relation to this application.
13. Mr Thomas agreed to an amendment to the condition ensuring the final layout of the Premises accords with the plans and addition of ‘’From 23.00, no regulated entertainment shall take place in the outside area in the triangular central courtyard area on the ground floor.’’
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 determined, 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 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.
Plays, Live Music, Performance of Dance, anything of similar description (Indoors)
Monday to Sunday: 09:00 to 02:00 hours
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 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 Sales)
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.
Hours Premises are open to the Public
Monday to Sunday: 00:00 to 00:00 hours.
2. To refuse permission for the lower ground floor of Raffles Apartments to be licensed.
3. Relevant Mandatory Conditions 1 - 9 to apply
4. Conditions deemed appropriate and proportionate, imposed by the Committee after a hearing:
Applicable to the area hatched black on the plans (Approved on the 24/2/23) only:
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. Save for residents of Raffles Hotel and the Raffles Apartments and their bona fide guests all sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only.
12. A waiter or waitress service shall be provided.
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. 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.
19. 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.
Applicable to all areas save for the area hatched black on the plans (Approved on the 24/2/23):
20. Save for the area hatched black, the provision of licensable activities shall only be to residents and their guests.
21. 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.
22. 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.
23. 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.
24. 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.
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. 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.
29. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
30. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
31. 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.
32. No external deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.
33. 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.
34. 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 Raffles Hotel or Raffles Apartments.
35. Staff shall not be permitted to smoke on Whitehall Place.
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. 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.
44. 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.
45. 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.
46 From 23.00, no regulated entertainment shall take place in the outside area in the triangular central courtyard area on the ground floor.
47. Licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a Hotel or Apartments.
The is the Full Decision of the Licensing Sub-Committee which takes
effect forthwith.
The Licensing Sub-Committee
24 February 2023
Supporting documents:
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The Raffles Apartments 24.02.2023_Redacted, item 5.
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