Agenda item
The Rooftop Restaurant and Bar, 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 – The Roof top Restaurant and Bar at RAFFLES, Old War Office Whitehall London SW1A 2BX - 22/10450/LIPN
FULL DECISION
Premises:
The Rooftop Restaurant and Bar at RAFFLES
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 7 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 roof top restaurant and bar.
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)
6th Floor
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)
6th Floor
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)
Monday to Sunday: 09:00 to 02:00 hours (5th Floor internal terrace only)
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.
Retail Sale of Alcohol (On and Off Sales)
Monday to Sunday: 09:00 to 21:00 hours (6th Floor terrace)
Non-Standard times: 09:00 to 21:00 hours 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.
Hours Premises are open to the Public
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.
Representations Received
· Metropolitan Police Service (PC Tom Stewart) - Withdrawn
· Environmental Health Service (Ian Watson)
· Marcus Lavell – RLS Law on behalf of Mr Shafik Gabr (Resident.)
· Lewis Silkin Solicitors on behalf of Nikita Tkachenko
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.
· The use of the external terrace should be restricted to 21.00,
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 premises 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 Roof Top Bar and Restaurant, Mr Thomas advised the Committee that the outside area, is the most contentious part of the application. The hours have been amended to be in line with planning permission granted for that area.
9. Mr Thomas stated that the Applicant wants the option of having private pre-booked functions, but the external area will only trade to 21.00.
10. The Committee was informed that off sales are required to supply the hotel apartments, but live music is not required.
11. Sally Fabbricatore informed the Committee that restriction to the use of the outside area must be weighed up against the need for access to a private internal turret area where access after 21.00 can only be gained by using the outside terrace.
12. Mr Lavell informed the Committee that he has no issues or concerns, but he would like customers leaving the premises to be directed to the main hotel entrance to Whitehall and again staff to not be permitted to smoke on Whitehall Court.
13. 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, from 00.00 access and egress via the main entrance of the hotel onto Whitehall, a condition 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.
14. Mr Thomas also requested that the restrictions his proposed conditions relating to the provision of off sales after 23.00, off sales in sealed containers and late-night refreshment after 23.00 to exclude residents of Raffles Hotel and the Raffles Apartments and their bona fide guests
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:
Films, Recorded Music (Indoors)
Sixth Floor 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)
Sixth Floor 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)
6th Floor indoors and 5th Floor internal terrace 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.
Retail Sale of Alcohol (On and Off Sales)
6th Floor terrace only
Monday to Sunday: 09:00 to 21:00 hours
Non-Standard times: 09:00 to 21:00 hours 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.
Hours Premises are open to the Public
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.
2. To refuse permission for:
Live 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.
3. Relevant Mandatory Conditions 1-9 to apply
4. 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 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.
14. A waiter or waitress service shall be provided.
15. Save for access to the 6th Floor turret and in the case of emergencies, the 6th floor external terrace shall not be used between 21.00 hours and 09.00 hours daily.
16. 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.
17. 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.
18. 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.
19. 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.
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 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.
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. 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. A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:
(a) the limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,
(b) The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder,
(c) The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team,
(d) No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and
(e) No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
34. No external deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.
35. 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.
36. 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. 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.
37. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
38. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
39. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
40. All fabrics, curtains, drapes and similar features shall be either non-combustible or be durably or inherently flame retarded fabric.
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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
47. Staff shall not be permitted to smoke on Whitehall Place.
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 hotel 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
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 Rooftop Restaurant Report_Redacted (1)_Redacted, item 7.
PDF 13 MB - Restricted enclosure View the reasons why document 7./2 is restricted