Agenda item
1 Horse Guards Avenue, SW1A 2HU
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 20 July 2023
Membership: Councillor Robert Eagleton (Chair),
Councillor Md Shamsed Chowdhury
Councillor Karen Scarborough
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Daisy Gadd
Committee Officer: Sarah Craddock
Presenting Officer: Karyn Abbott
Other Parties:
Ben Sykes and Ina Ottmann (Head of Legal) on behalf of the Applicant, Huckletree (1HGA) Limited
Ms Kudzaishe Mondhlani (Environmental Health Service - EHS),
Application for a New Premises Licence for 1 Horse Guards Avenue, London
SW1A 2HU – 23/01731/LIPN
Full Decision
Premises:
1 Horse Guards Avenue
London
SW1A 2HU
Applicant
Huckletree (1HGA) Limited
Ward
St James’s
Summary of Application
This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). The Premises Huckletree 1HGA is a workspace with shared workspaces, private offices, 1 event spaces/main breakout area and 4 meeting rooms.
The workspace is accessed by:
(a) Office tenants - those persons with a minimum one month contract to occupy office space.
(b) Resident desk members - those persons who pay a membership for access to a fixed desk;
(c) Hot desk members - those persons who pay membership for access to shared workspace;
(d) Persons attending a private pre-booked event, seminar or function;
(e) Directors and employees of the licence holder and its affiliated companies;
(f) Persons who have pre-booked a meeting room and paid a charge per visit;
(g) Any guests of the above.
Huckletree’s corporate events include networking, panel discussions, product launches, conferences and workshops which take in our meeting rooms and event space (with access to a terrace).
There is a resident count of 112
Cumulative Impact Zone
None
Special Consideration Zone:
None
Licensable Activities and Hours:
Retail Sale of Alcohol (on)
Mondays to Saturdays - 10.00 to 23.00
Sundays - 12.00 to 22.30
Opening Times
Mondays to Sundays – 08.00 to 23.00
Representations Received
· Kudzaishe Mondhlani – Environmental Health Services
· Peter David
· Caryl Topolski
· Johanna Du-Lac
· Lady Brownlie
Issues raised by Objectors
The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance within the area.
Concerns about excessive noise levels, flashing lights, and unsightly mess.
This listed building was designed to be naturally ventilated via windows, (their appearance protected by listing), including those of sleeping accommodation/bedrooms, on the elevations above and sideways from the Applicant's external terrace.
The thought of yet another drinking establishment will affect peace in the evenings. Where alcohol is involved with loud talking and laughter which gets worse the later it goes on.
How will the security of the building be protected from unauthorised access through the licensed premises?
Policy Considerations
Policy PB states:
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.
Policy HRS1 states
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.
SUBMISSIONS AND REASONS
The Presenting Officer, Karyn Abbott, introduced the Parties and the application to the Committee.
Mr Sykes on behalf of the Applicant, Huckletree (1HGA) Ltd explained to the Committee the reasons for the application. They offer workspaces, which can cater for the likes of the Ministry of Defence as the spaces are fitted out with Government tech. It is inevitable that they will host events, and this is likely to be during Mon -Sat 10.00 to 23.00. These events are not available to the public, since Government worker have strict protocols.
Mr Sykes advised the Committee that licensable activities and consumption of alcohol will only take place on the 1st floor in the area edged in red on the proposed plan. The remainder of the building contains private offices.
The capacity on the 1st floor is 54 but events in the red lined, first floor area will accommodate 50 people. Mr Sykes confirmed that they would seek a maximum capacity for the event area of 50 and he agreed to this being conditioned on the Premises Licence if granted.
The Applicant also agreed to conditions proposed by the EHS and Metropolitan Police. He would also accept the model condition to provide a telephone number of a manager to local residents and that events are to be monitored by staff. There are security staff on site when the Premises is open and they will control access and egress.
In response to additional questions from the Committee, Mr Sykes confirmed that alcoholic drinks are purely for events. Other workers will not be able to purchase alcohol and wonder around the building or consume it in other areas of the Premises. Their movement will be controlled by staff working at the event and security. No licensable activities or consumption of alcohol will take place outside the event space.
The redlined area on the lower ground floor plan is an error and will be removed. It is anticipated that there will be 2 to 3 events per week but not all will require the sale or supply of alcohol.
The Committee was informed that weddings and birthday parties would not take place. Members of the public are not permitted on site as the site will be hosting Government Officials.
The Committee was informed that the Premises is not a bar, pub or club. Smoking is not permitted on site. Smokers will have to leave the Premises and go to a park. There have already been events at the premises which has not attracted any complaints.
Ms Mondhlani (representing the Environmental Health Service) advised the Committee that the EHS maintained their representations because 4 residents had objected but as the Applicant has accepted the proposed conditions, the representation is now withdrawn.
Mr Burnett, Legal Adviser to the Licensing Committee, discussed the wording of the proposed conditions (if the application is granted), with all parties. Mr Sykes confirmed agreement of the proposed conditions from the Police and EHS. He confirmed a total capacity for the event space and terraced area on the 1st floor of 50 people and that each event will be supervised by staff. He will also arrange for the area on the lower ground floor, edged in red to be removed from the lower ground floor. The amended plan will be lodged with the Licensing Authority.
Decision
The Committee has decided 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.
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 the Applicant had addressed the concerns raised by the parties. The Committee further considered the conditions were proportionate to ensure that the licence promoted the licensing objectives these would also help to alleviate concerns.
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:
Retail Sale of Alcohol (on)
Mondays to Saturdays - 10.00 to 23.00
Sundays - 12.00 to 22.30
Opening Times
Mondays to Sundays – 08.00 to 23.00
2. Relevant Mandatory Conditions to apply
3. Conditions consistent with the operating schedule:
9. Notices shall be prominently displayed at exits reminding persons leaving to respect the needs of local residents and businesses and to leave the premises quiet.
10. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
11. 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.
Conditions proposed by the Environmental Health
12. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as offices.
13. The supply of alcohol shall only be to
a) Directors and employees of the licence holder and its affiliated companies;
b) Office tenants - those persons with a minimum one month contract to occupy office space.
c) Resident desk members
d) Hot desk members
e) Persons attending a private pre-booked event, seminar or function.
Any guests of the above. A list of whom shall be kept on the premises at all times together with a record also showing the names and dates of attendance of any guests introduced by members. All records shall be produced on demand for inspection by the police or an authorised officer of the Council.
14. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
15. 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.
16. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
17. 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.
18. There shall be no licensable activities or consumption of alcohol on the terrace after 22:00 hours
19. 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.
Conditions proposed by the Metropolitan Police Service
20.
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.
21. 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.
22. The Licence holder shall ensure a full risk assessment is completed for all pre-booked events in the event space. This risk assessment shall be available to the licensing authority and Police upon request.
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. 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 refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
Conditions agreed and imposed at hearing.
24. 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.
25. The total capacity of the Kitchen/Event Space and terrace areas on the first floor shall not exceed 50 people excluding staff.
26. The total capacity of the terrace area on the first floor shall not exceed 20 people excluding staff.
27. Consumption of alcohol purchased/supplied in the Kitchen/Event Space shall only be permitted in the Kitchen/Event Space and Terrace areas on the first floor.
28. All events taking place in the Kitchen/Event Space and terrace areas on the first floor, shall be supervised by staff at all times.
29. The sale of alcohol shall only be permitted in the Kitchen/Event Space area on the first floor
Informative
The Committee requests that the Applicant updates the layout plans removing the red-lined area on the lower ground floor, which the Applicant confirmed was an error, removing the red dots unless they are identified in a legend and plans which comply with 23 of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005. The Licensing Authority will assist the Applicant in this regard.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
20 July 2023
Supporting documents:
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1 Horse Guards_Redacted, item 3.
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