Agenda item
The Belgravia, 8-9 Grosvenor Place, SW1X 7SH
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 29th June 2023
Membership: Councillor Maggie Carman (Chair)
Councillor Judith Southern and
Councillor Tim Mitchell.
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Karyn Abbott
Other Parties:
Mr Joe Harvey (Solicitor, Poppleson Allen, on behalf of the Applicant),
Mr Andrew Morrison (The Belgravia Venue Limited),
Ms Sally Fabbricatore (Environmental Health Service),
PC Adam Deweltz (Metropolitan Police Service) and
Mr Alun Thomas (Solicitor, Thomas & Thomas, on behalf of a local resident).
Application for a New Premises Licence for The Belgravia, 8 - 9 Grosvenor Place, London SW1X 7SH – 23/02664/LIPN
Full Decision
Premises
The Belgravia
8-9 Grosvenor Place
London
SW1X 7SH
Applicant
The Belgravia Venue Limited
Ward
Knightsbridge and Belgravia
Cumulative Impact Zone
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
Retail Sale of Alcohol (On)
Mondays to Sunday 10.00 to 02.00
Provision of Late-Night Refreshment (Both)
Mondays to Sunday 23.00 to 05.00
Provision of films, Live and Recorded Music (indoors)
Mondays to Sunday 10.00 to 02.00
Hours Premises are open to the Public
Mondays to Sunday 00.00 until 00.00
Summary of Application
This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”). The Applicant proposes to operate the Premises as a co-working space with private hire areas.
The Premises comprises of five floors with approximately 75% of habitable space intended to operate as co-working space. The space will be used by companies with contracts or agreement with the Applicant to use facilities for working, business meetings, presentations, screening and some social functions.
The Applicant wishes to provide refreshments including hot food and drinks during the day and into the evening which will include the supply of alcohol. There is no Premises Licence history.
The application follows pre-application advice.
There is a resident court of 42.
Representations Received
· Metropolitan Police Service
· Environmental Health Service
· Five local residents
Issues raised by Objectors.
· The proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.
· The proposals are likely to undermine the Prevention of Crime and Disorder licensing objective.
· Close proximity to residential properties.
· The capacity of 600 people leaving in the early hours of the morning.
· The nuisance a club that is open 7 days a week for 24 hours a day serving alcohol until 2am and refreshments to 5am with music will cause to the neighbourhood.
· Parking issues and noise from the roof terrace being unbearable for residents.
Policy Considerations
HRS1 and PB1 applies
SUBMISSIONS AND REASONS
The Presenting Officer, Karyn Abbott, introduced the application to the Committee.
Mr Joe Harvey (Solicitor, Poppleson Allen, on behalf of the Applicant), introduced the Applicant, Mr Andrew Morrison to the Committee. Mr Morrison explained the background to the application and how the Premises would be primarily used for people in the entertainment industry to come together and collaborate on projects. He advised that this would be their second site and outlined that 75% of the building would be used for flexible workspace and 25% would be used as an event venue. Both parts would operate in tandem to ensure that membership to the Premises was affordable to all companies and agencies within the industry. He explained that it was likely that a corporate company would provide their employees a membership to use this Premises which would entitle a person entry to the building to shower, rest and work between events instead of going all the way home, elsewhere or wander the streets until their next work shift.
Mr Harvey advised that the Applicant had written to the local residents inviting them to meet, however the invitation had been declined except for one resident who is being represented by Mr Thomas today at the hearing.
Mr Harvey outlined that in general, the residents’ concerns were mainly to do with late night noise and noise from the regulated entertainment part of the application. However, he emphasised that the overwhelming use of these Premises would be to provide flexible working space for workers in the entertainment industry who would visit the Premises to work and/or have a drink after work. He added that the Applicant had only applied for ‘On Sales’ of Alcohol so alcohol would not be able to be taken off the Premises and that late night refreshment would be available throughout the night. He outlined that events had taken place in the Premises for the best part of 30 years and how Temporary Event Notices (TENs) had been used to operate four private events since December without complaint of nuisance by local neighbours. He confirmed that the events held had been two children’s birthday parties, a 60th birthday party and an event for a cancer charity. There had also been product launches and corporate lunches held without complaint.
Mr Harvey referred the Committee to the conditions that would be attached to the Premises Licence and outlined how the comprehensive conditions would alleviate the resident’s concerns. He added that the Applicant had agreed to add a new condition which would state that the management would actively monitor noise levels, including carrying out regular patrols, and that no noise would be allowed to emanate from the Premises when regulated entertainment takes place. He emphasised that the Applicant wished to be a good neighbour.
Mr Harvey advised that the Premises was installing a very good CCTV system which would help keep the crime figures low in the area so the Premises would be positively contributing to the area. He outlined that the Applicant had taken pre-application advice from the Environmental Health Service and had included the Council’s Model Conditions regarding the collection of waste into their operating schedule.
In response to questions from the Committee, Mr Harvey confirmed that the four events that had been held at the Premises since December had been private events. He outlined that the Premises would be one that people in the entertainment industry would visit in between shifts/jobs to work, shower and/or get something to eat and drink. He advised that the capacity for the Premises was yet to be confirmed however the Applicant was suggesting a capacity of 400 persons and not 600 persons. He outlined that Mr Morrison wanted to give back to the industry by providing such a Premises for the workers who provide, for example, lighting to theatre shows late at night and/or build sets and do shift work. He added that the industry was hugely supportive of this Premises as it gave them somewhere comfortable and safe to go and rest instead of hanging out in unsuitable places and/or wandering the streets. He advised that agencies would pay for memberships for their workers however individuals could also apply to become members and use the facilities.
He advised that the external terraces and balconies could not be used after 23:00 hours as detailed in the condition proposed.
Ms Sally Fabbricatore (representing the Environmental Health Service, EHS) advised that the EHS had maintained their representation due to the hours that had been proposed for the Premises. She confirmed that the Applicant had applied for pre-application advice, and they had included all the recommendations set out by the EHS.
She advised that the Applicant would be refurnishing the building and that once the works had been completed a capacity figure would be set by the EHS. She outlined that the terraces would not be used beyond 23:00 hours and that they could be used for smoking which would be much better than sending people out onto the main street as the terrace area could be internally controlled. She added that the terraces were relatively small areas and that the EHS could add capacities however it probably would not be necessary from a public safety point of view as there was only one way to get out onto the terraces. She advised that she welcomed the additional condition offered by the Applicant that they would actively monitor noise levels and have regular patrols around the building when events were taking place. She confirmed that no complaints had been made since the Applicant had taken over the Premises in December and that all the necessary conditions had been offered by the Applicant and would be attached to the Premises Licence.
PC Adam Deweltz (representing the Metropolitan Police Service, MPS) advised that the MPS had maintained their representation on the grounds of the prevention of Crime and Disorder. He outlined that currently there were no late-night Premises Licences operating in the area; hence the crime figures were relatively low and the Police wished to keep it this way. He advised that the Police had no issue with the business/flexible working space however they were concerned regarding the private functions and the frequency of events which could be problematic with intoxicated people leaving the Premises and causing anti-social behaviour on the streets and/or becoming victims of crime. He confirmed that conditions had been agreed between the Applicant and the Police and they did go some way in alleviating the Police’s concerns. He advised that it was for the Committee, however, to ultimately made the decision on whether this application should be granted within the Knightsbridge and Belgravia Ward.
Mr Alun Thomas (Solicitor, Thomas & Thomas, on behalf of a local resident) advised that his client operated the business next door and that previously the Premises had caused problems within the area. He confirmed that his client’s concerns had mostly been satisfied and addressed. However, he outlined to the Committee why his client had made a representation in the first instance which was because the condition that the sale of alcohol needed to be ancillary to a coworking space had initially not been offered in the original application and in fact most of the conditions in the report had also not been included in the originial operating schedule. Mr Thomas then discussed a few of the conditions with the Applicant to ensure that his client’s comments had definitely been taken on board such as the windows and doors to be closed after 22:00 hours and the capacity and the ability to take drinks onto the terraces.
Mr Harvey confirmed that all conditions had been agreed with Mr Thomas’s client. Mr Thomas confirmed that his client was satisfied with the application.
Mr Burnett, Legal Adviser to the Licensing Committee, discussed the wording of the agreed proposed conditions (if the application is granted), with all parties.
Conclusion
The Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.
In reaching their decision, the Committee took into account the Act, Westminster’s Statement of Licensing Policy, the Revised Guidance issues under section 182 of the Act, all the Committee papers, additional evidence and the oral submissions made by all the parties.
It was noted by the Committee that the Metropolitan Police and the Environmental Health had offered several conditions to the Licence all of which were agreed by the Applicant. It was further noted that the local resident was now satisfied with the application and the conditions that would be attached to the Premises Licence.
The Committee was persuaded that the application met the policy requirements under Westminster’s Statement of Licensing Policy. The Committee has imposed the conditions as agreed and amended and considered all the conditions to be appropriate and proportionate.
The Committee was also satisfied that the application was suitable for the local area and had addressed any concerns raised by all parties. The Committee further considered the conditions were proportionate to ensure that the licence promoted the licensing objectives these would also help to alleviate the residents’ concerns.
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:
Provision of Late-Night Refreshment (Both)
Mondays to Sunday 23.00 to 05.00
Provision of films, Live and Recorded Music (indoors)
Mondays to Sunday 10.00 to 02.00
Retail Sale of Alcohol (On)
Mondays to Sunday 10.00 to 02.00
Hours Premises are open to the Public
Mondays to Sunday 00.00 until 00.00
2. The Licence is subject to any relevant Mandatory Conditions.
3. 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 the agreement of the Applicant.
9.
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.
10. 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.
11. 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 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,
g. any visit by a relevant authority or emergency service.
12. The Premises Licence Holder shall adhere to a Vulnerable Person policy and shall ensure that all staff are trained in its implementation.
13. 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.
14. 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.
15. 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.
16. All staff authorised to sell alcohol shall receive training on age verification procedures prior to being so authorised. There shall be refresher training every 6 months. A record of the training shall be maintained at the premises and made available to the Police or authorised officer of Westminster City Council upon request.
17. A record shall be kept detailing all refused sales of alcohol. The record shall include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
Conditions proposed by the Environmental Health and agreed by the applicant to form part of the operating schedule
18. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as co-working office space.
19. There shall be no admittance or re-admittance to the premises after 23:30 hours except for patrons permitted to temporarily leave the premises (e.g. to smoke, make a phone call) or for those who have a contract with the licence holder to use the premises as a workplace and their bona fide guests.
20. Licensable activities at events in the events spaces as shown on the plan on the ground floor and first floor shall only be provided at bona fide private functions or pre-ticketed events.
21. Alcohol shall only be sold for consumption to persons who have a contract with the licence holder to use the premises as a workplace and their bona fide guests, person who have pre-booked to use the premises as a workspace with the licence holder or persons who are attending a bona fide private function or pre-booked event at the premises.
22. 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.
23. 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.
24. Management at the premises shall actively monitor noise levels and shall act without delay to prevent noise emanating from the premises. This shall include regular internal and external patrols when regulated entertainment takes place. Patrols are to include on Headfort Place and Halkin Street.
25. Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.
26. All windows and external doors shall be kept closed at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
27. There shall be no outside use of external terraces or balconies after 23:00 hours.
28. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
29. 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.
30. 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.
31. 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.
32. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
33. 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.
34. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
35. 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.
36. 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. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
40. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
41. The certificates listed below shall be submitted to the licensing authority upon written request.
(a) Any permanent or temporary emergency lighting battery or system
(b) Any permanent or temporary electrical installation
(c) Any permanent or temporary emergency warning system.
42. The Premises Licence Holder shall risk assess the need for SIA licensed door supervisors and shall implement the recommendations of that written risk assessment.
43. No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster 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 place 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 shall be no greater than 600 persons (excluding staff).
Conditions proposed by the Police and agreed by the applicant to form part of the operating schedule
47. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00 hours each day.
48. The name and address of any person hosting a bona fide private, pre-booked event shall be kept at the premises at all times and shall be made available on demand for inspection by Responsible Authority officers.
49. There shall be no externally promoted DJ-led events at the premises at any time.
50. All bona fide private functions or pre-booked events at the premises shall be risk assessed. The risk assessment shall be checked, and the event authorised by the general manager, or in their absence, a nominated deputy. The written risk assessment shall be specific to the event and made available to the Police and licensing authority upon their request.
51. The premises shall adhere to a written a dispersal policy covering private hire and pre-booked events. The Policy shall be produced to the Police or the Licensing Authority immediately upon request.
Agreed Conditions imposed by the Committee.
52. Save for access and egress, all windows and doors on the ground and 1st floors shall be kept closed after 23.00.
53. There shall be no consumption of alcohol in the terraced/balcony areas on the first floor.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
29 June 2023
Supporting documents:
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8-9 Grosvenor Place Report_Redacted, item 1.
PDF 4 MB - Restricted enclosure View the reasons why document 1./2 is restricted