Agenda item
Lio London, Basement and Lower Ground Floor, 3-4 Coventry Street, W1D 6BL
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1
(“The Committee”)
Thursday 16 March 2023
Membership: Councillor Aziz Toki (Chair) Councillor Md Shamsed Chowdhury and Councillor Caroline Sargent
Officer Support: Legal Adviser: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Other Parties: Alun Thomas (Solicitor, Thomas & Thomas, on behalf of the Applicant), Allana McCabe, (Applicant) Kayleigh Sanotos (Operations Director), Jessica Donovan (Licensing Authority), Sally Fabbricatore (Environmental Health Service) and PC Reaz Guerra (Metropolitan Police Service)
Application for a Variation of Premises Licence in respect of Lio London Basement and Lower Ground Floor 3-4 Coventry Street London WID 6BL
23/00332/LIPV
Full Decision
Premises
Lio London
Basement and Lower Ground Floor
3-4 Coventry Street
London W1D 6BL
Applicant
Lio London Limited
Ward
St James’s
Cumulative Impact Zone
West End
Special Consideration Zone
None
Summary of the Application
This is an application for a variation of Premises Licence under the Licensing Act 2003 (“The Act”). The premises are a performance venue and night club featuring singers, dancers, acrobats and international artists. The premises have had the benefit of a premises licence at least since 2005. The current licence reference is 23/00905/LIPVM. The premises also have the benefit of a “shadow licence” reference 20/11986/LIPN. There is a resident count of 26.
The application sought the following:
· To extend the terminal hour for sales of alcohol by one hour Monday to Saturday 10:00 to 04:00 hours Sunday 10:00 to 00:30 hours
· Sundays before bank holidays only 12:00 to 04:00 hours.
· To remove conditions 9 and 18 from the Current Licence
· The request to add the exhibition of film has been withdrawn.
Proposed Licensable Activities and Hours
· Sale by Retail of Alcohol
Monday to Saturday 10:00 to 04:00 hours
Seasonal variations: Sundays before Bank Holidays 12:00 to 04:00.
· Late Night Refreshment
Monday to Saturday 23:00 to 04:00 hours
Seasonal variations: Sundays before Bank Holidays 23:00 to 04:00 hours
· Performance of Dance
Monday to Saturday 09:00 to 04:00 hours
Seasonal variations: Sundays before Bank Holidays 12:00 to 04:00 hours
· Performance of Live Music
Monday Saturday 09:00 to 04:00 hours
Seasonal variations: Sundays before Bank Holidays 12:00 to 04:00 hours
· Anything of a similar description to live music, recorded music
or performance of dance
Monday to Saturday 09:00 to 04:00 hours
Seasonal variations: Sundays before Bank Holidays 12:00 to 04:00 hours
· Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit
Monday to Saturday 09:00 to 04:00 hours
Seasonal variations: Sundays before Bank Holidays 12:00 to 04:00 hours
· Hours Premises are open to the Public
Monday to Saturday 09:00 to 04:30 hours
Representations Received
· Metropolitan Police Service (PC Reaz Guerra)
· Environmental Health Service (Sally Fabbricatore)
· Licensing Authority (Jessica Donovan)
Issues raised by Objectors
· It is our belief that if granted the application would undermine the licensing objectives. There is insufficient detail contained within the operating schedule to promote the licensing objectives.
· The hours sought exceed Westminster’s Core Hours Policy.
· The extension of hours for Late Night Refreshment may cause an increase in Public Nuisance in the Cumulative Impact Zone.
· The provision of Films may cause an increase in Public Nuisance in the Cumulative Impact Zone and may impact on Public Safety.
· The removal and replacement of conditions may cause an increase in Public Nuisance in the Cumulative Impact Zone.
· The Licensing Authority has concerns in relation to this application and how the premises would promote the four licensing objectives:
- Public Nuisance
- Prevention of Crime & Disorder
- Public Safety
- Protection of children from harm
Policy Considerations
CIP1
It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for pubs and bars, fast food premises and music and dancing and similar entertainment, other than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this Policy and must demonstrate that they will not add to cumulative impact.
HRS1
Applications outside core hours set out in Clause C will be considered on their merits, subject to other relevant policies and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
MD1(B)
It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone other than:
1. Applications to vary the existing licence hours within the council’s Core Hours
Policy HRS1, and/or
2. Applications that seek to vary the existing licence so as to reduce the
overall capacity of the premises.
SUBMISSIONS AND REASONS
Mr Alun Thomas, solicitor on half of the Applicant addressed the Sub Committee. He explained that Lio London was a unique entertainment venue which had for many years housed the former Café De Paris. The existing Premises Licence had been transferred to Lio London Ltd on 6 October 2022 and since then substantial internal refurbishment had taken place with a planned reopening in March 2023. He advised that pre-application advice had been sought from the Environmental Health Service.
Mr Thomas advised that Lio London offered a unique dining and entertainment experience with a modern interpretation of a cabaret show that originates from Spain. He stated that the Applicant wished to replica their brand here in the West End which was why the variation was sought to extend the permitted hours for the sale of alcohol from 03:00 hours to 04:00 hours on Monday to Saturday and on Sunday before a bank holiday and modernise the conditions to promote the licencing objectives. He advised that the Premises were located near all the main transport links out of the West End.
Mr Thomas advised that if the Sub Committee granted the variation for the sale of alcohol, the provision of all regulated entertainment and late night refreshment they would be reduced to and finish at 04:00 hours with the venue closing by 04:30 hours as compared to 06:00 hours under the current licence. He further advised that after 03:30 hours the capacity (excluding staff) would be reduced to 350 from 715. He emphasised that these changes were a dramatic overall reduction in hours based upon the reduced capacity of 7392.5 hours every week and would mean that substantially fewer people would be leaving the Premises in the Cumulative Impact Area. He stated that the Applicant had provided a comprehensive dispersal plan.
Mr Thomas advised that Lio London was not a bar under PB1 as alcohol was conditioned as being ancillary to dancing, music and substantial refreshment and therefore the application should be considered as a special Combined Use Premises under policy COMB1, with MD1 being a part of the overall, seamless entertainment offering. He advised that these types of Premises were not known to cause problems within the West End as they were not drink led establishments and Lio London would have up to 15 SIA securing the venue.
Mr Thomas outlined that the exceptional circumstances of the application were: a) that it was an express goal of CIP1 to expand cultural entertainment, b) that the revised conditions would promote the licensing objectives and c) the staggered reduction in capacity during the course of the night would improve dispersal efficiency and address safeguarding as there would never be 715 people leaving the venue and trying to access transport simultaneously. He emphasised that there would be an initial wave of 365 customers leaving up to 03:30 hours followed by the tapering of a further 350 over the next hour. He stated that the capacity would easily be managed because only table service was available after 03:00 hours.
Mr Thomas advised that there had been no representations from residents and there had been no history of noise complaints reported to the Environmental Health Service. He emphasised that the Premises would provide over ninety jobs for local people and that this cultural venue would be a welcome addition to the West End.
In response to questions from the Sub Committee, Mr Thomas advised that the Premises had not been in operation for three years, however, the Applicant had vast experience of running similar establishments overseas. He explained that the Premises would generally be open to the public with a few private events being held during the year. He explained that the Applicant wanted people to get the full benefit of the Mediterranean experience which was eating, drinking and dancing until later into the evening/night. He advised that bookings were mostly pre-booked and that the Premises were opening tonight. He explained the operation of the staggered reduction in capacity over the course of the evening. He emphasised that only table service was available after 03:00 hours and that wrist bands were used to identify people who had a table seat. He advised that the exceptional circumstances to this application not only included the reduction in capacity but also the revised conditions that would be attached to the Premises Licence.
Ms Jessica Donovan, representing the Licensing Authority (LA) advised that the Licensing Authority had maintained their representation as the Premises were located within the West End cumulative impact area and therefore falls under the Council’s Policies CIP1 and MD1(B) where the presumption is to refuse such applications. She advised that the LA had noted that the Applicant had reduced their operational hours however they were still significantly beyond the Council’s Core Hours Policy. Ms Donovan advised it was therefore for the Sub Committee to be satisfied that the Applicant had demonstrated exceptional circumstances and that the Premises would not add to the cumulative impact within the West End.
Ms Sally Fabbricatore, representing the Environmental Health Service (EHS) advised that EHS had maintained their representation as the Premises were located in the West End Cumulative Impact Zone and because of the request for an additional hour for the Sale of Alcohol. She confirmed that she had made three visits to the Premises and all works had now been signed off by the EHS. She advised that the EHS welcomed the reduction in hours for Regulated Entertainment, the overall reduction in operating hours, the reduction in capacity, the introduction of a last entry time and the comprehensive dispersal plan. She confirmed that the Applicant had agreed to all their proposed conditions and that the capacity condition would be easily enforceable on inspection of the Premises.
PC Reaz Guerra, representing the Metropolitan Police Service (MPS), advised that the MPS had maintained their representation on similar grounds as the Environmental Health Service. He stated that it was the Applicant’s responsibility to manager their Premises’ capacity and to comply with all the conditions on their Premises Licence. He confirmed that the West End was a busy area. He requested that a condition be included on the licence that the capacity of the Premises be monitored and recorded at given times over the evening/night and such record should be made available to the Responsible Authorities upon request. He advised that it was hard to say if people would be less drunk at 06:00 hours but added that there would be less Police on the street at 06:00 hours.
During his summing up, Mr Thomas advised that CIP1 clearly stated that the reduction of a Premises’ capacity was an exceptional circumstance and added that the additional conditions to be attached to the Premises Licence would further promote the licensing objectives. He emphasised that the reduction on the streets after 04:00 hours had been taken into consideration when making this application. He confirmed that the Applicant would be agreeable for a condition to be included on the licence regarding the monitoring of the Premises’ capacity during the evening/night and that on request the records would be made available to the Responsible Authorities.
Conclusion
The Sub-Committee has a duty to consider the application on its individual merits and took into account all the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.
The Sub-Committee had regard to the fact that the Applicant had reduced the capacity from 715 to 350 after 03:00 hours and had reduced the hours for Regulated Entertainment until 04:00 hours and operating hours from 06:00 hours to 04:30 hours. The Sub Committee noted that the Applicant had agreed to revise the conditions on their Premises Licence which would increase the promotion of the licensing objectives.
The Sub Committee noted that the Applicant had sought pre-application advice from the Environmental Health Service and that the Applicant had agreed to all the proposed conditions by the Metropolitan Police Service and the Environmental Health Service. The Sub-Committee noted that the Applicant had provided a comprehensive dispersal plan, agreed to monitor the Premises capacity and would maintain and supply a record to the Responsible Authorities.
The Sub-Committee considered that the Applicant had proven exceptional circumstances to the Council’s Policy CIP1 with the reduction in the Premises capacity and that the granting of the application would not add to the cumulative impact in the West End area.
In reaching its decision, the Sub-Committee concluded that the conditions imposed on the Premises Licence were appropriate and would promote the licensing objectives.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives: -
1. To grant permission to delete conditions 9 and 18 from the Current
Premises Licence.
2. To grant permission for Sale by Retail of Alcohol Monday to Saturday
10:00 to 04:00 hours
Seasonal Variations: Sundays before Bank Holidays 12:00 to 04:00
hours.
3. To grant permission forPerformance of Dance
Monday to Saturday 09:00 to 04:00 hours.
Seasonal Variations: Sundays before Bank Holidays 12:00 to 04:00
hours.
4. To grant permission for Performance of Live Music
Monday Saturday 09:00 to 04:00 hours.
Seasonal Variations: Sundays before Bank Holidays 12:00 to 04:00
hours.
5. To grant permission for Anything of a similar description to live music,
recorded music or performance of dance Monday to Saturday 09:00 to
04:00 hours.
Seasonal Variations: Sundays before Bank Holidays 12:00 to 04:00
hours.
6. To grant permission for Private Entertainment consisting of dancing,
music or other entertainment of a like kind for consideration and with a
view to profit Monday to Saturday 09:00 to 04:00 hours.
Seasonal Variations: Sundays before Bank Holidays 12:00 to 04:00
hours.
7. To grant permission for Late Night Refreshment
Monday to Saturday 23:00 to 04:00 hours.
Seasonal Variations: Sundays before Bank Holidays 23:00 to 04:00
hours.
8. To grant permission for the Opening Hours of the Premises
Monday to Saturday 09:00 to 04:30 hours.
9. That the existing conditions on the Licence shall apply in all respects
except in so far as they are varied by the Decision.
10. That relevant existing Mandatory Conditions shall apply.
11. That the varied Licence is subject to the following additional conditions
imposed by the Committee which are considered appropriate and
proportionate to promote the licensing objectives.
Conditions reproducing the effect of conditions subject to which the relevant existing licences have effect.
Conditions relating to regulated entertainment:
9. Notwithstanding the provisions of Rule of Management No. 6, the premises may remain open for the purposes of this licence from 23:00 on each of the days Sunday to Saturday to 04:00 on the day following.
10. On New Year's Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day).
11. An attendant shall be stationed in the vicinity of the cloakroom during the whole time that it is in use.
12. Seven days notice shall be given to the Council when a live band is booked for which the primary purpose is NOT to provide music for dancing.
13. The number of persons accommodated (excluding staff) shall not exceed: Balcony - 150, Basement - 565.
Conditions for Sale of Alcohol
14. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
15. On any evening where the premises or part of the premises are open for music, dancing or entertainment and a Section 77 Special Hours Certificate is in operation, intoxicating liquor may not be sold or supplied to persons admitted to the premises after 11pm other than to:
a) Persons who have paid a minimum admission fee of at least £5 Monday to Thursday, and £7 Friday and Saturday (these fees to be reviewed and set by the Licensing Justices at their triennial renewal sessions) for music, dancing and entertainment (not to be credited against consumables); OR
b) Persons who have paid a minimum annual admission fee of at least £150 payable in advance for music, dancing and entertainment (not to be credited against consumables). Such person may bring with them up to 4 guests. A list of all persons who have paid an annual admission fee will be held at reception for inspection by the relevant authority; OR
c) Any person attending a private function at the premises, details of the type of function, host and a list of persons attending having been provided to the police at least 24 hours previously; OR
d) Artistes and persons employed on the premises; OR
e) Bona fide guests of the proprietor (not exceeding 10% of the total capacity for the premises as specified in the Public Entertainment Licence for the premises), a list of whom shall be kept at reception for inspection by appropriate authorities; OR
f) Persons taking full table meals, a list of whom are held at reception for inspection by relevant authorities.
16. No striptease, no nudity and all persons on the premises to be decently attired.
17. No payment to be made by or on behalf of the licensee for bringing customers to the premises.
18. There shall be no gaming on the premises other than by machines authorised by Part III (Section 34) of the Gaming Act 1968, or by the Licensing Justices in accordance with Section 6 of the Gaming Act 1968.
19. No persons under 18 years of age to be permitted on the premises during permitted hours except by prior written notice to the police.
20. The maximum number of persons to be present in the licensed premises on each floor shall not exceed the number specified from time to time by the proper officer of the LFCDA. Currently Basement 565 and 30 staff; Balcony 150 and 25 staff.
Conditions which reproduce the effect of any restriction imposed on the
Use of the premises by specified enactments
Conditions related to the Sale of Alcohol
21. (a) Subject to the following paragraphs, the permitted hours on
Weekdays shall commence at 10.00 and extend until 04.00 on the morning following, except that –
(i) the permitted hours shall end at 00.00 midnight on any day on which music and dancing is not provided after midnight; and
(ii) on any day that music and dancing end between 00.00 midnight and 04.00, the permitted hours shall end when the music and dancing end;
(b) In relation to the morning on which summer time begins, paragraph (a) of this condition shall have effect-
(i) with the substitution of references to 04.00 for references to 03.00.
(c) Except on Sundays immediately before bank holidays (apart from Easter Sunday), the permitted hours on Sundays shall extend until 00.30 on the morning following, except that-
(i) the permitted hours shall end at 00.00 midnight on any Sunday on which music and dancing is not provided after midnight;
(ii) where music and dancing end between 00.00 midnight on any Sunday and 00.30, the permitted hours on that Sunday shall end when the music and dancing end.
(d) On Sundays immediately before bank holidays (other than Easter Sunday), the permitted hours shall extend until 04.00 on the morning following, except that-
(i) the permitted hours shall end at 00.00 midnight on any Sunday
on which music and dancing is not provided after 00.00 midnight;
(ii) where music and dancing end between 00.00 midnight on any Sunday and 04.00, the permitted hours on that Sunday shall end when the music and dancing end.
(e) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
(f) The permitted hours on New Year's Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00.00 on New Year's Eve.
NOTE - The above restrictions do not prohibit:
(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;
(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(c) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(e) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(f) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty's naval, military or air forces;
(g) the taking of alcohol from the premises by a person residing there;
(h) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;
(i) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
22. If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of the premises licence (or the holder of the club premises certificate):
(a) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,
(b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and
(c) to take all other reasonable precautions for the safety of the children.
23. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
Annex 2 - Conditions consistent with the operating Schedule
24. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:
(a) The Police (and where appropriate, the London Ambulance Service) are called without delay, using emergency telephone number 999;
(b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police;
(c) As is reasonably practicable, the crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and
(d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
Annex 3 - Conditions attached after a hearing by the licensing authority
25. When a customer chooses to pay by credit card he/she will be presented with an itemised bill upon final payment showing details of all drink and food purchased.
Conditions imposed by the Committee after a hearing with the
agreement of The Applicant
26. 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 will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises and will 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 entire 31-day period.
27. 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.
28. 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. It must be completed within 24 hours of the incident and will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received concerning crime and disorder
(d) any incidents of disorder
(e) all seizures of drugs or offensive weapons
(f) any faults in the CCTV system
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
29. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a Police Officer and/or an authorised officer of Westminster City Council.
30. A 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.
31. 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.
32. 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.
33. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
34. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
35. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
36. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
37. After 03:00, Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall be limited to 20 persons at any one time.
38. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
39. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
40. There shall be no new admittance to the premises after 03:00 hours.
41. All members of management will be provided with Welfare and Vulnerability Engagement (WAVE) training to provide those working in the licensed industry with an awareness of vulnerability and their responsibilities towards people visiting their premises. This training is available at: Welfare and Vulnerability Engagement (WAVE) Resources (nbcc.police.uk).
42. From 03:30, the number of persons permitted in the premises at any one time (excluding staff) shall not exceed 350.
43. From 03:00, the supply of alcohol shall be by table service only provided by a waiter or waitress.
44. The capacity of the premises shall be monitored and recorded at all times the premises are open, a record of which shall be available to the Responsible Authorities at all times.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
16 March 2023
Supporting documents:
-
Lio London Report, item 1.
PDF 6 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
- Restricted enclosure View the reasons why document 1./5 is restricted