Agenda item
Units 1 & 2, Zig Zag Building, 70 Victoria Street, SW1E 6SQ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 1 June 2023
Membership: Councillor Angela Piddock (Chair),
Councillor Md Shamsed Chowdhury and Councillor Jacqui Wilkinson.
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Emanuela Meloyan
Other Parties: Jeremy Bark, Bryan Cave Leighton Paisner (Solicitor for the Applicant), Graeme Smith of the Applicant Company Ls Zig Zag Limited, Sally Fabbricatore (Environmental Health Authority), Barbara Waine, Tony Cutler (Witness for Barbara Waine.
Application for a New Premises Licence for Units 1 And 2, Zig Zag Building, 70 Victoria Street, London SW1E 6SQ - 23/01746/LIPN
Premises:
Units 1 And 2,
Zig Zag Building,
70 Victoria Street,
London
SW1E 6SQ
Applicant
Ls Zig Zag Ltd
Ward
St James
Summary of Application
This is an application for a New premises licence under the Licensing Act 2003 (“The Act”). The premises intends to operate as a Bowling Centre with associated leisure and entertainment facilities together with a bar and food facilities. This is for pre-booked and walk in customers. The applicant has provided further submission in response to each interested party. These can be found at Appendix 2 of the main agenda bundle.
Following consultation with the Metropolitan Police Service the applicant has agreed to reduce the hours for the Sale by Retail of Alcohol and the terminal hour for Late Night Refreshment.
Cumulative Impact Zone
None
Special Consideration Zone:
None
There is a resident count of 21
Licensable Activities and Hours
Late Night Refreshment (Indoors)
Mondays to Thursdays 23.00 to 23.30.
Fridays and Saturdays 23.00 to 00.00
Retail Sale of Alcohol (Both)
Mondays to Thursdays 10.00 to 23.30.
Fridays and Saturdays 10.00 to 00.00
Sundays 12.00 to 22.30
The provision of Films, Live Music and Recorded Music (Indoors)
Mondays to Thursdays 10.00 to 00.00.
Fridays and Saturdays 10.00 to 01.00
Sundays 11.00 to 22.30
Hours Premises are open to the Public
Mondays to Thursdays 10.00 to 00.00.
Fridays and Saturdays 10.00 to 01.00
Sundays 11.00 to 22.30
Representations Received
· Sally Fabbricatore (Environmental Health Services)
· PC Reaz Guerra (Metropolitan Police) Withdrawn 17th May 2023
· Mr Andrew Freeman (Resident) Withdrawn 19 May 2023
· Ms Barbara Waine (Resident)
Summary Issues raised by Objectors
1. The provision of the Supply of Alcohol may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
2. The provision of Late Night Refreshment may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
3. The provision of Films, Recorded Music and Live Music may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
It is also noted that 'alcohol may be served to those not participating in bowling'. There can be no certainty that the premises may not be used predominantly as a site to sell alcohol.
Any off sales of alcohol shall be limited only to such sales for consumption in any external seating area. This raises two issues: (a) how will such limits be determined? (b) where are the 'external seating areas' expected to be located.
Policy Considerations
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.
C. For the purpose of Clauses A above, the Core Hours for applications for each premises use type as defined within this policy are:
Cinemas, Cultural Venues and Live Sporting Premises Monday to Sunday: 9am to Midnight
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.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Policy COMB1 applies
A. Applications outside the West End Cumulative Impact Zone for premises that propose to operate as a ‘combined use premises’ will be considered on their merits and subject to: 1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1. 2. The hours for licensable activities for the relevant use being within the council’s Core Hours Policy HRS1. 3. The operation of any delivery services for alcohol and/or late-night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1. 4. The applicant has taken account of the Special Consideration Zone policy SCZ1 if the premises are located within a designated zone.
SUBMISSIONS AND REASONS
Ms Roxsana Haq, the Presenting Officer, outlined the application to the Committee.
Mr Bark on behalf of the Applicant informed the Committee that there have been amendments to the application reducing the licensable activities to Core Hours. He explained that the Premises will consist of bowling lanes, table games, golf putting and similar. The operators already have 13 sites and have operated for 10 years. 80% of customers pre book for up to 2hrs a session. There is food provision and off sale s of alcohol is purely to accommodate customers using the outside area, which is private land.
Conditions have been offered and agreed and the fit out will cost in the region of £4 million. The operation will provide films, in the main, background music and private events will be permitted. Mr Bark identified that there will be a dispersal policy and that the Premises is not located in a CIZ or SCZ area. It is the 1st in London and will accommodate 380 people with busy periods being between 17.00 and 22.00. Customers stay approximately 2 hours, and the intension is to open for Christmas.
In response to questions form the Committee, Mr Bark stated that the use of door staff will be risk assessed and the actual building have their own dedicated security team.
Deliveries are by way of a dedicated rear private road which will not cause a problem. Mr Bark confirmed that this is not a drinks-led venue.
The Environmental Health Officer confirmed to the Committee that she was there to assist them and this application with the reduced hours and new conditions satisfy the EHS that the operation will uphold the Licensing Objectives. She confirmed that the operation will be food led and not a bar and off sales of alcohol is only permitted in the outside area.
Local resident, Barbara Waine and Mr Cutler explained to the Committee that the original application was vague, but matters were now clearer. However, if the primary use of the Premises is leisure, they would have liked to have seen a breakdown of revenue and look at variance between different sites. They felt that although 80% pre-booked, there was a remining 20% using the site which would cause public nuisance. They felt that what is being presented as a leisure facility is more of a bar with food. Ms Waine concluded by stating that the Premises is located in a residential area.
DECISION
The Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application.
The Committee noted that the Premises is not located in a CIZ or SCZ area and that the Premises had reduced their hours to Core Hours. The Applicant had also operated without issue for over 10 years in Manchester, Glasgow, Birmingham and Newcastle. Substantial and appropriate conditions had been agreed with the EHO and the Metropolitan Police representations had been withdrawn.
The Committee accepted that this is a leisure operation with ancillary sale of alcohol and food having been informed by the Applicant that 50% of their income is generated from events and 28% from the sale of alcohol.
Having carefully considered the matter and the need to promote the licensing objectives, the Committee decided to grant the application. The Committee was persuaded that the application met the policy requirements. The Committee has imposed additional conditions and considered them to be proportionate and appropriate to promote the licensing objectives.
The Committee arrived at this decision based upon the merits of the application and the written and oral evidence.
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 case and the promotion of the four licensing objectives:
1. To grant permission for:
Late Night Refreshment (Indoors)
Mondays to Thursdays 23.00 to 23.30.
Fridays and Saturdays 23.00 to 00.00
Retail Sale of Alcohol (Both)
Mondays to Thursdays 10.00 to 23.30.
Fridays and Saturdays 10.00 to 00.00
Sundays 12.00 to 22.30
The provision of Films, Live Music and Recorded Music (Indoors)
Mondays to Thursdays 10.00 to 23.30.
Fridays and Saturdays 10.00 to 00.00
Sundays 12.00 to 22.30
Hours Premises are open to the Public
Mondays to Thursdays 10.00 to 00.00.
Fridays and Saturdays 10.00 to 00.30
Sundays 12.00 to 23.00
2. Relevant Mandatory Conditions to apply
3. Conditions consistent with the operating schedule:
1. CCTV condition:
a. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
b. All entry and exit points shall be covered enabling frontal identification of every person entering in any light condition.
c. 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.
d. All recordings shall be stored for a minimum period of 31 days with date and time stamping.
e. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
2. 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 is 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.
3. There shall be a Challenge 25 age verification policy in place in relation to the sale and supply of alcohol and suitable training shall have be provided to those involved in the sale or supply of alcohol.
4. The primary use of the premises shall be as a bowling alley with ancillary/associated leisure and entertainment, food and bar facilities and the provision of the licensable activity of provision of the sale and supply of alcohol shall be ancillary to that overall use (and acknowledging that alcohol may be served to those not participating in bowling).
5. At least 55% of patrons using the premises for licensable activities shall have pre-booked in advance (albeit walk in guests may use the premises and its facilities).
6. 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.
7. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.
8. Any off sales of alcohol shall be limited only to such sales for consumption in any external seating area (as shown on any approved layout drawing should such areas be used) where the service is by way of waiter/waitress service for consumption by persons who are seated.
9. All outside tables and chairs within any dedicated ground floor outside seating area shall be rendered unusable by 23:00 hours each day.
10. There shall be no under18s admitted to the premises after 9pm.
11. The venue shall employ a dedicated receptionist to greet guests on arrival.
12. Waiter/Waitress service shall be available for the sale and supply of alcohol and food throughout the premises.
13. 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 alcohol with them.
14. An incident log (whether in digital or physical form) 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 shall 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, searching equipment or scanning equipment;
(g) any refusal of the sale of alcohol; and
(h) any visit by a relevant authority or emergency service.
15. 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.
16. 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.
17. All windows and external doors shall be kept closed after 23.00 at all times, except for the immediate access and egress of persons.
18. Before the premises begin to operate and provide licensable activities a dispersal policy shall be put in place, adhered to and be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
19. Loudspeakers shall not be located in the entrance and exit of the premises or outside the 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. 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.
22. Other than when using the dedicated Zig Zag Building refuse collection areas and systems, no collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.
23. Other than when using the dedicated Zig Zag Building delivery area and system, no deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
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. 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.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
|
1st June 2023 |
Supporting documents:
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70 Victoria Street_Redacted, item 3.
PDF 1 MB - Restricted enclosure View the reasons why document 3./2 is restricted