Agenda item
Development Site at Former Westcourt House, Old Marylebone Road,
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 27 April 2023
Membership: Councillor Aziz Toki (Chair), Councillor Judith Southern and Councillor Melvyn Caplan
Officer Support: Legal Adviser: Horatio Chance
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Other Parties: Mr Tim Shield (John Gaunt & Partners) on behalf of Whitbread Group PLC (the Applicant), Ms Caroline Burt (Estate Development Project Manager) on behalf of the Applicant Whitbread Group PLC and Ayesha Bolton (Environmental Health Service).
Application for a New Premises Licence in respect of Development Site at Former Westcourt House Old Marylebone Road London 23/00868/LIPN – Item 2
Full Decision
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence in respect of Development Site at Former Westcourt House Old Marylebone Road London (“The Premises”)under the Licensing Act 2003 (“The Act”).
The Premises is currently a development site with the intention to create a Premier Inn Hotel at the location. There will be a ground floor reception area, entrance and associated licensed food and beverage area. Bedrooms will be located in the basement and on the ground floor through to the thirteenth floor.
The Premises are located within the Marylebone Ward and not in any area of Cumulative Impact. There is no policy presumption to refuse the application.
There is a resident count of 121.
Premises
Development Site at Former Westcourt House
Old Marylebone Road
London
Applicant
Whitbread Group Plc
Cumulative Impact Area
N/A
Activities and Hours
Performance for the Exhibition of Films
Monday to Sunday 10:00 to 23:00
Seasonal Variation Residents – 24 hours To extend the licensing hours on New Year’s Eve: 10:00 to New Year’s Day 23:00 (being 2nd January)
Supply of Alcohol (On and Off) the Premises
Monday to Sunday 10:00 to 23:00
Seasonal Variation Residents – 24 hours To extend the licensing hours on New Year’s Eve: 10:00 to New Year’s Day 23:00 (being 2nd January)
Opening Hours to Public
Monday to Sunday 06:00 to 23:30
Seasonal Variation the Premises shall remain open 24 hours for hotel residents.
Representations Received
- Environmental Health Service (Ayesha Bolton) (EHS)
- One Local Resident
Summary of issues raised by Objectors
- The hours requested for the Regulated Entertainment of Films will have the likely effect of causing an increase in Public Nuisance within the area.
- The hours requested for the Supply of Alcohol will have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.
· With the 2-way systems introduced in Baker Street and Gloucester Place, which is causing non-stop traffic jams, pollution and in my opinion, more accidents, a licence for this establishment would create more traffic jams and more pollution - and probably more drunks on the road, who think they have right of way over a road, which is also used by motor vehicles. Enough is enough please do NOT make the area worse than it is!
Policy Considerations
Policies HRS1 and HOT1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
HRS1
A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.
B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:
1. 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.
2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
10a. Shops (all licensable activities that are provided as ancillary to the primary use of the premises as a shop except the off sale of alcohol)
Monday to Thursday: 9am to 11.30pm.
Friday and Saturday: 9am to Midnight. Sunday: 9am to 10.30pm. Sundays immediately prior to a bank holiday: 9am to Midnight.
10b. Shops (off-sales of alcohol where it forms either the ancillary or primary use of the premises)
Monday to Saturday:
8am to 11pm. Sunday: 9am to 10.30pm.
D. Core hours are when customers are permitted to be on the
premises and therefore the maximum opening hours permitted will be
to the same start and terminal hours for each of the days where
licensable activity is permitted.
HOT1
A. Applications outside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities being within the council’s Core Hours Policy HRS1.
3. The sale by retail of alcohol, regulated entertainment and late-night refreshment must be an ancillary function to the primary purpose of the venue as a hotel.
4. The applicant has taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meeting the definition of a Hotel as per Clause C.
B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The sale by retail of alcohol, regulated entertainment and late-night refreshment must be an ancillary function to the primary purpose of the venue as a hotel.
4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a Hotel as per Clause C.
C. For the purposes of this policy a Hotel is defined as a premises that is primarily used as an establishment providing overnight accommodation for customers.
SUBMISSIONS AND REASONS
Mr Kevin Jackaman Presenting Officer outlined the application to the Sub-Committee. He advised that representations had been received from the EHS and one local resident who was not in attendance. He advised that since the application further conditions had been agreed between the Applicant and the EHS. He advised that the Premises is located within the Marylebone Ward and not in any Special Consideration Zones. He confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated to the Sub Committee.
Mr Tim Shield Solicitor appearing on behalf of the Applicant outlined the application before the Sub-Committee. He explained that this was an application for a New Premise Licence for a Premier Inn. Premier Inn had over 800 hotels across the UK with one in every major city. They have been operating many hotels within Westminster for many years without issue.
He advised that this particular application was for a Premier Inn Hub which had smaller rooms and was more technologically advanced than a regular Premier Inn Hotel. The first Premier Inn Hub opened in Westminster on St Martin’s Lane in Covent Garden.
He advised that this application has had two representations submitted which had not been withdrawn, one from the Environmental Health and one from a single resident who lived a 10-minute walk away from the planned hotel which was a significant distance.
Mr Shield advised that customers knew what they are getting from a Premier Inn. He advised that the food and beverage area was shown in the Premises plans and the Applicant had confirmed that there would be about100 covers. The site had a double entrance lobby to help ease concerns about noise escape. He advised that no Regulated Entertainment had been requested except for films which was for the films streamed in customer rooms on demand which was a standard across the estate. He advised that access to the Premises after 23:00 was only possible with a key card or getting buzzed in by reception.
Mr Shield advised that the hotel had bedrooms on every floor from the basement and ground floors to the upper floors with 294 rooms. The application was for licensable activities until 23:00 for non-residents which was within the core hours and within their planning restriction. The conditions offered were an amalgamation of the original application and additional conditions proposed from the EHS. He advised that the three strands of the application were the sale of alcohol for non-residents with a terminal hour of 23:00, sale of alcohol for residents and then films. It was confirmed that this Premises Licence was only for the food and drink area on the ground floor only and not for throughout the hotel.
In response to questions from the Sub Committee, Mr Shield confirmed that there would be no private events held in the hotel as the hotel had no function or meeting rooms and the brand did not use external promoters. He advised that the off sales were to merely allow customers that wish to take a bottle of wine following dinner off the estate or back to their room.
Ms Ayesha Bolton representing the EHS, advised that they had agreed conditions with the Applicant and that that they were satisfied with those conditions. She confirmed that they had maintained their representations to answer any questions that Members or the local resident should he had turned up. She confirmed she had nothing further to add.
Conclusion
The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing in its determination of the matter.
In reaching its decision, the Sub-Committee noted that there was no presumption to refuse the application as the Premises primary use was to operate as a hotel and therefore the application was considered under the Council’s HOT1 and HRS1 polices. The Sub Committee noted that the Applicant had agreed to the Council’s Model Restaurant Condition MC66 so that alcohol could only be served with a substantial meal and that all members of the general public had to exit the Premises by 23:00 hours.
The Sub-Committee took into consideration that conditions had been agreed with the EHS who were generally satisfied with the application. The Sub Committee further noted that the Metropolitan Police Service and the Licensing Authority had not made representations against the application and that the Premises were not located in the West End CIZ or Special Consideration Zone. The Sub-Committee noted that the application had been made within the Council’s Core Hours Policy.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would help promote the licencing 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 for the Exhibition of Films Monday to Sunday 10:00 to 23:00 Seasonal Variation: Residents - 24 hours to extend the licensing hours on New Year’s Eve: 10:00 to New Year’s Day 23:00 (being 2nd January)
2. To grant permission for the Sale by Retail of Alcohol (On and Off the Premises)Monday to Sunday 10:00 to 23:00 Seasonal Variation: Residents - 24 hours to extend the licensing hours on New Year’s Eve: 10:00 to New Year’s Day 23:00 (being 2nd January)
3. To grant permission for the Opening Hours of the Premises Monday to Sunday 06:00 to 23:30 Seasonal Variation: The Premises shall remain open 24 hours for hotel residents.
4. That the Licence is subject to any relevant mandatory conditions.
5. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with agreement of the Applicant
6. The supply of alcohol from 23.00 to 10.00 hours at the premises shall only be to hotel residents and their bona fide guests.
7. The supply of alcohol to non-hotel residents shall be between 10:00 to 23:00 hours.
8. Save for the consumption of alcohol by residents of the premises in their rooms, all sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
9. Save for the consumption of alcohol by residents of the premises in their rooms, there shall be no sales of alcohol for consumption off the premises after 23.00 hours.
10. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the City of 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. 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.
11. A staff member from the premises who is conversant with the operation of the CCTV system shall always be on the premises 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.
12. A Challenge 21 or 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.
13. Children under the age of 16 shall not be permitted to enter the premises after 21.00 hours unless dining with an adult or attending a pre booked function or resident in the hotel.
14. An incident log shall be kept at the premises and made available on request to an authorised officer of the 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
15. Other than in hotel bedrooms there shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
16. 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.
17. 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.
18. No fumes, steam or odours shall be emitted from the licensed premises to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
19. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
20. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
21. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
22. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall not be permitted to take drinks or glass containers with them.
23. A direct telephone number for the manager at the premises shall always be publicly available whilst the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
24. 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.
25. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
26. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
27. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.
28. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
29. No licensable activities shall take place at the premises 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.
30. Before the premises open to the public, the plans as deposited will be checked by the Environmental health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
31. No licensable activities shall take place at the premises until the capacity of the (licensed area) 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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
27 April 2023
Supporting documents:
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Old Marylebone Road Report Redacted, item 2.
PDF 3 MB - Restricted enclosure View the reasons why document 2./2 is restricted