Agenda item
STK At the ME Hotel (Ground Floor), Marconi House, 335 Strand, WC2R 1HA
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:
Mr Craig Bayliss (Solicitor, Keystone Law, on behalf of the Applicant),
Akhtar Abu (TOG (Aldwych) Limited – The Applicant),
Ms Sally Fabbricatore (Environmental Health Service - EHS),
Application for a variation of a Premises Licence for STK At The ME Hotel (Ground Floor), Marconi House, 335 Strand, London WC2R 1HA – 23/02043/LIPV
Full Decision
Premises:
STK At The ME Hotel (Ground Floor),
Marconi House,
335 Strand,
London
WC2R 1HA
Applicant
TOG (Aldwych) Limited
Ward
St James’s
Summary of Application
This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). The Applicant is seeking to extend the ambit of the area for supply of alcohol on the premises to include the external area used under a pavement licence issued by Westminster City Council in order to use a mobile bar counter in that space to serve draught beer.
There is a resident count of 96
Cumulative Impact Zone
None
Special Consideration Zone:
None
Representations Received
· Sally Fabbricatore (Environmental Health Services)
· Vikas Kumar
Issues raised by Objectors
EHO states:
The addition of a mobile bar in the external area may cause an increase in Public Nuisance and may impact on Public Safety within the area.
EHO proposes a condition:
'There shall be no off sales of alcohol from the mobile unit save to the tables and chairs immediately outside the premises in a space approved by the City Council for such purposes.'
Vikas Kumar on behalf of the High Commission of India states:
i. Crowding may cause a security risk to High Commission. Noise and other disturbances will affect Mission's functioning.
ii. The High Commission and ME Hotel share a common area at India Place and Montreal Place. Any activity which may potentially obstruct vehicular access at any time, should not be permitted near High Commission. This area is also used to provide access to consular services seekers, which may be hindered.
iii. A gathering specifically under the effect of alcohol near High Commission may compromise or dilute diplomatic immunity/privileges of the High Commission.
iv. Activities which may potentially cause disturbances including noise, lights, litter, crowd etc to the High Commission, should not be permitted.
v. This area is frequented by students, many of them are below the legal age for drinking. Such a development is not conducive for students
Policy Considerations
Policy RNT(1) states
A. Applications outside the West End Cumulative Impact Zone will generally be granted subject to:
B.
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 applicant has taken account of the Special Consideration Zones Policy SCZ1 if the premises are located within a designated zone.
4. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
C. For the purposes of this policy a restaurant is defined as:
1. A premises in which customers are shown to their table or the customer will select a table themselves to which food is either served to them or they have collected themselves.
2. Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at a table.
3. Which do not provide any takeaway service of food and/or drink for immediate consumption.
4. Where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
5. The sale and consumption of alcohol prior to such meals may be in a bar area but must also be ancillary to the taking of such meal.
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.
Restaurants Core Hours
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.
SUBMISSIONS AND REASONS
The Presenting Officer, Karyn Abbott, introduced the Parties and the application to the Committee and rectified an error in the Agenda papers, namely that the supply by retail of alcohol Mondays to Sundays 08.00 to 02.00 applies to members of the public.
Mr Bayliss on behalf of the Applicant, TOG (Aldwych) Limited confirmed to the Committee that the outside area at the premises has been subject of a Pavement licence issued by the Council for 2 years. This area has been used for the consumption of food and alcohol supplied from the inside bar and kitchen areas.
The Applicant would like a bar servery in the outside area to permit the sale of alcohol rather than waiters/waitresses having to obtain alcohol from inside the Premises and navigate through customers inside and outside the Premises. Therefore, the use of the outside area by customers will be the same but there will be a mobile bar in situ.
In response to questions from the Committee, Mr Bayliss confirmed that the pavement area is very wide, and the Authority has already approved its use under a Pavement Licence. He identified the location of the mobile bar on the plans and agreed that the plans could be clearer.
Mrs Sally Fabbricatore (representing the Environmental Health Service) advised that the EHS have no concerns about public safety as the licensed area would be fenced with side hoardings and the pavement is wide enough to accommodate the licensed area and pedestrians. The Committee also received confirmation that the conditions proposed, allays the EHS fears and that the area has already been trading using off sales to supply alcohol to that area.
Mrs Fabbricatore confirmed that no public nuisance had been reported and her condition 47 on page 37 of the bundle is to be deleted.
In response to questions from the Committee, the EHS stated that in response to the representation from the High Commission of India, the area is already being used and there have been no reported public nuisance. The Pavement Licence dictates the location of tables and chairs, time of use and capacity of the area and this has not changed. It is unlikely that there will be an adverse impact.
Mr Burnett, Legal Adviser to the Committee, discussed the wording of the proposed conditions (if the application is granted), with all parties. Mr Bayliss agreed the conditions, to splitting condition 46 on page 37 of the Agenda and deleting the EHS proposed condition 47. He also undertook to produce layout plans which comply with the Act.
Conclusion
The Committee has determined an application for a variation of a 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 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 to:
Extend the ambit of the licence area of the ground floor for the supply of alcohol for consumption on the premises to include the external area used under the authority of a pavement licence issued by Westminster City Council in order to use a mobile bar counter in that space to serve draught beer.
2. Relevant Mandatory Conditions to apply
3. Existing and additional Conditions consistent with the operating schedule:
10. After 01.00 hours, the sale of alcohol shall be ancillary to food, consumed by seated persons, supplied by waiter / waitress.
11. Substantial food and non-intoxicating beverages, including drinking water, shall be available on the premises where alcohol is sold or supplied for consumption on the premises.
12. The supply of alcohol shall be by waiter or waitress service or bar service.
13. The supply of alcohol for consumption ‘Off’ the premises shall only be,
(i) In sealed containers ancillary to a take-away meal
(ii) To persons seated at the outside tables and chairs by waiter/waitress service.
14. There shall be no self-service of alcohol.
15. 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.
16. The number of persons permitted in the premises between 01.00 hours and 02.00 hours (excluding staff) shall not exceed 200 persons.
17. All beers and lagers sold in glass bottles are to be decanted into drinking containers prior to being served.
18. 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 shall be covered enabling frontal identification of every person entering in any light condition. 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. 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.
19. 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.
20. 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, which 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 or searching/scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
21. There shall be no new entry for non-residents after 00:30 hours.
22. 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.
23. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
24. All tables and chairs shall be removed from the outside area by 23.00 hours each day
25. The Supply of Alcohol to members of the public shall be permitted from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
26. Where licensable activity is permitted, a minimum of one SIA registered door supervisor shall be on duty at the external entrance to the premises from 21.00 hours on Thursday to Saturday.
27. On Sundays to Wednesdays the requirement for and number of SIA door supervisors after 21.00 hours each day shall be risk assessed by the premises licence holder or DPS dependent upon the occasion, such risk assessment shall be kept at the premises for a minimum of 21 days following the occasion.
28. A noise limiter must be fitted to the musical amplification system set at a level determined by and in consultation with local residents to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
29. Loudspeakers shall not be located in the entrance lobby or external to the premises building.
30. 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.
31. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
32. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
33. 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.
34. 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.
35. All deliveries shall be to the service road leading to the basement delivery area.
36. All refuse shall be stored internally prior to collection.
37. No rubbish including bottles shall be moved, removed or placed in outside areas between 23.00 hours and 07.00 hours.
38. 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.
39. 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.
40. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
41. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
42. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
43. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
44. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing should be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes, other than foyers, entertainment areas or function rooms, should be non-combustible.
45. Any condition on this licence relating to live music shall have effect and section 177A shall not apply to such conditions.
Conditions agreed and attached after a hearing by the licensing authority
46. Alcohol may be supplied from a mobile unit located in the outside area coloured red on the approved plan
47. Alcohol shall be supplied from the mobile unit by waiter/waitress service,
48. Alcohol shall only be supplied from the mobile unit to customers seated at tables and chairs immediately outside the premises in a space approved by the City Council for such purposes.
49. The mobile unit shall cease service and shall be taken inside the premises at 23.00.
50. There shall be no cash sales from the mobile unit which shall be monitored by staff at all times.
51. There shall be no off sales of alcohol from the mobile unit.
Informative:
The Applicant has undertaken to provide the Licensing Authority with updated plans showing this outside area as part of the overall premises and which complies with 23 of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
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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STK At The ME Hotel report_Redacted, item 1.
PDF 799 KB - Restricted enclosure View the reasons why document 1./2 is restricted