Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
* West End   * West End Cumulative Impact Zone   ** None	West End House 91-92 Dean Street W1D 3SY	New Premises Licence	23/03029/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 17 August 2023

 

          

Membership:           Councillor Maggie Carmen (Chair),

Councillor Concia Albert

Councillor Melvyn Caplan

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Jack Robinson Young

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          Alun Thomas, Thomas and Thomas LLP (Solicitor for the Applicant, 92 Dean Street Opco Limited )

Frederik Korralus (Applicant)

 

Rupert Power (Soho Business Alliance)

.

Karyn Abbott – Licensing Authority (LA)

Sally Fabbricatore – Environmental Health Services (EHS)

PC Tom Stewart – Metropolitan Police Services (MPS)

 

Richard Brown – Licensing Advice Project on behalf of Marina Tempia  for the Soho Society and David Bieda for the Meard and Dean Street Residents Association

 

Application for a New Premises Licence for West End House, 91-92 Dean Street London, W1D 3SY  – 23/03029/LIPN

 

Draft Decision

 

Premises: 

 

West End House

91-92 Dean Street

London

W1D 3SY

 

Applicant

 

92 Dean Street Opco Limited

 

Ward

 

West End

 

Cumulative Impact Zone.

 

West End

 

Special Consideration Zone:

 

None

 

There is a resident count of 47

 

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 hotel / hostel providing micro accommodation to guests.

 

As part of the application the applicant has proposed to surrender premises licences, 20/09927/LIPT, 20/09932/LIPT and 20/09934/LIPT.

 

Additional submissions are made by the Applicant in the supplementary bundle.

 

Application

 

To Permit:

 

Late Night Refreshment (Indoors)

Monday to Sunday 23.00 to 01.00

 

Monday to Sunday: 01:00 for Guests of residents only.

23:00 to 05:00 for Hotel Residents

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Sale of Alcohol (Both)

Monday to Sunday 09.00 to 23.00

 

Monday to Sunday: 01:00 for Guests of residents.

24 hours for Hotel Residents.

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Recorded music and Films (Indoors)

Monday to Sunday 09.00 to 01.00

 

Monday to Sunday: 01:00 for Guests of residents.

24 hours for Hotel Residents.

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Opening Times

Monday to Sunday 09.00 to 23.00

 

24 Hours Monday to Sunday for Hotel Residents.

09:00 to 01:00 Monday to Sunday Guests of Residents.

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Representations Received

 

·       Karyn Abbott - Licensing Authority

·       PC Tom Stewart – Metropolitan Police Service

·       Sally Fabbricatore – Environmental Health Services (EHS)

 

·       Rupert Power – Support

·       Eva Millward – Support

·       Timothy Lucas – Support

·       George Hudson – Support

·       Miss Zainab Kassamali – Support

·       Will Brown – Support

·       David Taylor – Support

·       Amy Gasper – Support

·       Ben Buckby Jones – Support

·       Sophie Hartley – Support

·       Natalie Brown – Support

·       Blessing Kabengele – Support

·       Soho Business Alliance – Support

 

·       Jane Ferguson – Opposed

·       David Bieda – The Meard & Dean Street Residents Association

·       The Soho Society - Opposed

 

 

Issues raised

 

The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1 and HOT1.

 

If the roof terrace is unlicenced, what controls and times will it be open for residents for the potential consumption of alcohol

 

Detail the proposed operation of the ‘off sales’ from the premises

 

The resident guest’s hours fall outside core hours and the Licensing Authority encourage the applicant to provide submissions as to how this will not be impactive after 23:00 as residents guests will be vacating to 01:00.

 

Currently a dispersal policy has not been provided with the application.

 

The Police believe that as presented, the application would likely undermine the licensing objectives, The Presentation of Crime and Disorder and the Prevention of Harm to Children.

 

The EHS wish to make the following representation in relation to the above application:

1. The provision of the Supply of Alcohol may cause an increase in Public Nuisance in the cumulative impact zone, it may also impact on Public Safety.

2. The provision of regulated entertainment may cause an increase in Public Nuisance in the cumulative impact zone, it may also impact on Public Safety.

3. The provision of Late-Night Refreshment may cause an increase in Public Nuisance in the cumulative impact zone, it may also impact on Public Safety.

4. The non-standard timings may cause an increase in Public Nuisance in the cumulative impact zone.

 

Supporting an ever-evolving hospitality industry- this will allow low to middle income professionals to work in Soho.

 

It is very typical for hotels and hostels to serve alcohol and any guest would expect it.

 

Soho needs more affordable accommodation to cater to a diverse range of visitors

 

Central London needs diverse offerings for all types of customers and clients. This project will benefit the whole economy and boost the area.

 

The development of the old West End House presents a valuable opportunity to expand affordable accommodation options in the locality.

 

Developments like the one at 91-92 Dean Street will provide long-term infrastructure for a diverse visitor base, with diverse tastes – which in turn will support the eclectic range of cultural and leisure businesses in Soho.

 

This application concerns a hostel where numbers are increasing from 295 to 775 and is for a liquor license which a) contradicts their planning consent and b) is wider than the older licence.

 

The previous hostel had a capacity of 295. The new hostel has a capacity of 725-775.

 

No Information/confusing information:

 

1. Ground floor capacity (see plan submitted) is not stated.

 

2. Application proposed Condition 27 refers to a 'dispersal policy', but this is not attached.

 

3. Roof terrace: there is no information on its use, capacity, or hours.

 

4. It is unclear whether the 1am is sought for guests of residents and the 24/7 for residents is for on-sales, i.e. in the ground floor area, or for off-sales, or

both. If the latter, the overall capacity does become relevant because it increases the number of persons leaving up to 1am. The applicant seeks 3 guests

per hostel resident potentially c 2,000+ people.

 

5. Condition 2 states that 'substantial food' shall be available, however no kitchen is marked on the plan submitted. How therefore will this 'substantial food'

be made available to residents and their guests and what will it comprise? Will it be from vending machines?

 

This new micro-accommodation hostel with a capacity between 725 and 775 (a huge increase from 295) seeks to provide licensable activities to:

 

• The general public on the ground floor from 9am - 11pm

• Guests of the residents from 9am - 1am

• Hotel residents 24 hours

 

• The application is contrary to policy falling outside the Core Hours Policy HRS1 for Hotels; 1am and 11pm on Sundays.

 

• This new hostel proposes bar use on the ground floor with access from the street, the Hotels Policy HOT1 raises this as a concern, F73. ‘The extent and location of provision of bar facilities will be taken into account. Hotel bars that are directly or easily reached from the street will be likely to raise similar concerns to pubs and bars.’

 

• The applicant has to demonstrate they will not add to cumulative impact, the submitted documents failed to do so.

 

• The capacity of the bar is unknown.

 

• No information on the ‘substantial food’ that will be made available considering kitchen facilities are not shown on the plan

 

• The application includes guests of the hotel residents until 1am for the sale of alcohol and films. The number of guests per resident has not been specified.

 

• It is unclear whether the 1am sought for guests of residents and the 24/7 for residents is for on sales on the ground floor area, or for off sales, or for both? If for both the total capacity is important especially with guests leaving at 1am. (See Appendix 1, Cumulative Impact)

 

• It is unclear whether the terrace will be used by guests and residents until 1am, the current licence states 10.30pm and for residents only.

 

• The conditions for collections/deliveries proposes not between 11am and 7am; we ask this be amended to 8am to protect residential amenity.

 

• The proposal in the application goes far beyond the existing premises licences which they offer to surrender, this is not a 'like for like’ swap.

 

There is a significant amount of important information missing from this application

 

Policy Considerations

 

Policy HRS 1 states:

 

B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies

 

C. For the purpose of Clause B above, the Core Hours for this application as defined within this policy is:

 

Hotels

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.

 

For the sale of alcohol to guests for consumption in

hotel/guest rooms only: Anytime up to 24 hours.

 

Policy HOT1(B) states:

 

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 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 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.

5. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.

6. 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

 

1.     Jessica Donovan summarised the application to be heard.

 

2.     Mr Thomas on behalf of the Applicant, informed the Committee that the operation is the first micro hostel providing a premium experience at a reasonable price.

 

3.     The Premises is located next door to Cross Rail and has an entrance onto Dean Street. Once in the lobby area, entrance is gained by pre-registering and being supplied with a QR code which is then used to gain access through turnstiles to the café area, rooms and Larder area. Purchases of items including alcohol are by way of vending machines by credit cards.

 

4.     The licensed area is constantly manned by 2 members of staff and 3 at peak times. There are general managers also circulating the building.

 

5.     The business model assumes that only 1% of turnover will relate to alcohol which is served through a Kegarator dispenser. There will be an electronic AI machine which identifies underage purchasers and notify staff, who can then take appropriate action.

 

6.     Mr Thomas confirmed that planning had been granted for the increase in size and capacity of the venue and he referred the Committee to his comments in his written submissions.

 

7.     The Committee was advised that the ground floor is licensed but residents can take a drink with them to their pods, on an off-sale basis. Residents are limited to one guest. There are 3 existing Premises Licences which will be surrendered.

 

8.     Mr Thomas advanced that the purchase of alcohol from vending machines which are monitored by staff and cameras is better and safer than mini bars in each room, where the purchase is not monitored or controlled.

 

9.     All parties entering the hotel will have to register to get a QR code to allow them access. The codes are different colours so staff will therefore know who residents or guests are and who are members of the public.

 

10.Mr Thomas then went through conditions which are to be added, which had been amended and agreed and which were still contentious and stated that the Premises will not add to the CIZ. Customers are already there as residents and if the Premises were not there, they would go to other hotels or Air B&Bs.

 

11.The Applicant confirmed that they will not rely on machines to verify age or approve a sale, they will use human intervention. They can then block payment card, purchases and problematic customers. They will also know the identity of these people through their registration process. The Applicant then confirmed that the pre booked events will only take place in the Larder area of the Premises and he would accept a condition restricting the capacity of that area. It was also agreed that no miniature bottles of spirits would be sold.

 

12.Mr Thomas went through a new schedule of conditions which had been amended, added, agreed and not agreed.

 

13.Karyn Abbott of the Licensing Authority then stated that her objection was on the basis of policy and the Premises being located in the CIZ.

 

14.Sally Fabbricatore for the EHS informed the Committee that she would not support having a capacity figure on the licensed area as the movement of people including those not involved in licensable activities would be transient and difficult to manage.

 

15.It was confirmed to the EHS by the applicant that there were no windows on the ground floor and that they were happy not to sell miniature bottles of spirits. The EHS informed the Committee that a ‘no noise’ condition on the Premises Licence would not be appropriate and therefore the condition relating to nuisance should remain as it is.

 

16.PC Stewart on behalf of the MPS, confirmed to the Committee that he maintained his representations, but the scope of the application had changed, and, in his view, the operation would not adversely affect the CIZ. Even if the Premises did not have a licence, there would still be over 700 in the area. Furthermore, there is not a high percentage of alcohol being served at the Premises.

 

17.PC Stewart summarised by stating that the Premises will still open with the higher capacity, even if the licence was not granted and the offering at the Premises will not add dramatically to the CIZ.

 

18.The Committee was informed by PC Stewart that although the operation is at the lower end of the scale for premises which would adversely affect the licensing objectives, he would like a condition requiring a minimum of 2 SIA registered door-staff and the need for more staff on peak days risk assessed MPS also requires a challenge 25 policy rather than 21.

 

19. Mr Thomas advised the Committee that the requirement for door-staff would be risk assessed as there will be a low level of transactions in the lobby area and there are sufficient controls at the premises with turnstiles, QR codes, registering features and lobby staff etc.

 

20. He also confirmed his preference for a challenge 21 policy. He informed the Committee that the average age of clients is forecasted to be 24, which means that a significant number of clients would be under 25. Furthermore, the machines will be monitored by staff and CCTV cameras.

 

21.In response to the Committee, Mr Thomas agreed to CCTV coverage in the lifts and on all floors in the public areas.

 

22.Mr Richard Brown of the Licensing Advice Project on behalf of Marina Tempia for the Soho Society and David Bieda for the Meard and Dean Street Residents Association addressed the Committee and informed them that Soho is already saturated and the capacity of the people drinking at the premises is important. Patrons at the Premises will have a drink and eat in Soho and therefore will add to the CIZ.

 

23.Mr Brown reminded the Committee of their duty under section 4 of the Act to promote the Licensing Objectives and he stated that the increase in capacity of the Premises is an increase in the capacity of people drinking in the Premises in Soho and the CIZ.

 

24.Mr Brown raised issues in relation to the vending machine and the requirement under the Act for every sale to be authorised and the need for human interaction at the point of sale. He questioned why the premises didn’t have a bar.

 

25.In response to certain queries raised by Mr Brown, Mr Thomas confirmed that off sales were for residents to take drinks to their pods. Guests would only remain on the Premises up to Core Hours. Mr Thomas would not accept a 08.00 start time for collections and deliveries due to the nature of the operation and the need to function as a hostel. He would however look at conditions which directly relate to bottles delivery and removal.

 

26.David Bieda and Maria Tempia informed the Committee that there is a substantial capacity increase from 259 to 759. And this adds to the capacity in the area. Customers staying at the Premises will inevitably go out in Soho and that is the benefit of the Premises being at that location.

 

27.Mr Bieda requested that there is an ‘inaudibility’ test attached to the nuisance condition and that the Premises should have a bar area so that sales of alcohol can be properly supervised, he also questioned that if alcohol is 1% of sales, then why bother make the application?

 

28.Ms Tempia continued and informed the Members that the increase in capacity would perpetuate the crime issues in the area. She directed the Committee to the sleep report in the Agenda and stated that deliveries and collections disturb residents and therefore 08.00 must be the starting time for such activity.

 

29.Mr Power of the Soho Business Alliance has run a restaurant in the area for 21 years and confirmed to the Committee that footfall is down in Soho and it has been ‘tough’. Premises which sells sleeping accommodation especially for your people in a safe environment, helps support businesses.

 

30.Mr Brown stated that he would like to see a condition preventing alcohol purchased from other premises from being consumed in the Hostels licensed area.

 

DECISION

 

31.The Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.

 

32. The Committee noted that the Premises would be accessible through a main door then access to the licensed area would be past door staff and using a QR code through turnstiles. To obtain a QR code residents, guests and the public would have to register using a credit card. The Applicant will therefore know the details of every party on the premises.

 

33. It was also noted that there is a limited rage of alcohol, which can only be obtained on the ground floor and sales are monitored by staff and CCTV cameras. There are no mini bars in individual pods.

 

34. The use of vending machines for the sale of alcohol is new, but the Committee had confidence and was reassured by the Applicant that with proper monitoring by CCTV, staff and security, with appropriate policies in place, approval of purchases of alcohol, purchases by /for children or by persons intoxicated can be and will be managed by the premises licence holder and staff.

 

35. Conditions makes licensable activities ancillary to the use of the premises as a hotel and the Applicant confirmed that the sale of alcohol was a small percentage of their overall profits.

 

36. The Committee were mindful of the fact that planning permission had already been granted for this hostel. Even without a premises licence, the residents would still be able to frequent Soho and add to the overall capacity of the area.

 

37. The licensable provision at the Premises is likely to retain some residents and guests at the hostel and will not be additional licensable activities for others in the Soho area who would not have access to the facilities.

 

38. The Committee heeded the comments of the EHS and agreed that a capacity for the whole licensed area would be impossible to manage but that a capacity for a hatched/larder area should be imposed. They also agreed that the current condition relating to the prevention of nuisance should not be amended to include an inaudibility factor.

 

39. The Committee also noted that entry to the Premises was difficult, and patron’s details needed to be provided as a registration scheme.

 

40. The Committee had regard to the Act, the Guidance issued under section 182 of the Act and Westminster SoLP, in particular para D5, HOT1 and HRS1 Policies.

 

41. Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, 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:

 

The provision of Late Night Refreshment (Indoors)

 

Monday to Thursday 09.00 to 23.30

Friday and Saturday (and Sundays before a Bank Holiday) 09.00 to 00.00

Sundays 09.00 to 22.30

 

Monday to Sunday: 23:00 to 05:00 for Hotel Residents

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

The Sale of Alcohol (Both)

 

Monday to Thursday 09.00 to 23.30

Friday and Saturday (and Sundays before a Bank Holiday) 09.00 to 00.00

Sundays 09.00 to 22.30

 

24 hours for Hotel Residents.

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

The provision of Recorded music and Films (Indoors)

 

Monday to Thursday 09.00 to 23.30

Friday and Saturday (and Sundays before a Bank Holiday) 09.00 to 00.00

Sundays 09.00 to 22.30

 

24 hours for Hotel Residents.

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Opening Times

 

Monday to Thursday 09.00 to 23.30

Friday and Saturday (and Sundays before a Bank Holiday) 09.00 to 00.00

Sundays 09.00 to 22.30

 

24 Hours Monday to Sunday for Hotel Residents.

 

From the end of permitted hours of New Year’s Eve to the start of permitted hours on New Year’s Day.

 

2.     Relevant Mandatory Conditions to apply.

 

3.     Conditions proposed by the applicant to from part of the operating schedule

 

Proposed Conditions:

 

1.     Licensableactivities authorisedunder thislicence shallremain ancillaryto the main use of the premises as a hostel.

 

2.     Substantialfood andnon-intoxicating beverages,including drinkingwater, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

3.     Save for residentsand theirguests, thesupply ofalcohol will only be:

 

a)    within the hours of 09.00and 23.00hours; and

b)    for consumption by persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted. A register ofpersons attending the event shall be kept for a minimum period of 31 days at the premisesand made available for immediate inspection by police or an authorised officer of theCouncil throughoutthe entire 31-dayperiod.

 

4.     The supply of alcohol to guests of residents shall be restricted to:

 

a)    9:00 to 23:30 Monday to Thursday; 09:00 to 00:00 Friday and Saturday (and Sundays before a Bank Holiday); and 09:00 to 22:30 Sunday; and

b)    no more than one guest per resident at any time.

 

5.     There shall be no sales of hot food or hot drink for consumption 'Off' the premises after 23:00 hours, save for consumption by residents within the building at 91-92 Dean Street, W1.

 

6.     There shall be no off sales of alcohol save for consumption by residents within the building at 91-92 Dean Street, W1

 

7.     The ground floor shall be supervised by staff at all times.

 

8.     The premises licence holder shall risk assess the requirement for SIA registered supervisors to be on duty at the premises.

 

9.     Staff engaged in the sale of alcohol shall be trained and made aware of the legal requirements relating to underage sales and the responsible supply of alcohol. Such training must take place on a 12 monthly basis and written records of the training must be maintained on the premises for inspection by the Police or Licensing Authority. 

 

10.All members of customer facing staff, including those involved in the sale or supply of alcohol, shall undertake Action Counters Terrorism (ACT) Awareness E-learning, on an annual basis. https://www.gov.uk/government/news/act-awarenesselearning.

 

11.All members of customer facing staff, including SIA (if employed) and those involved in the sale or supply of alcohol will be provided with Welfare and Vulnerability Engagement (WAVE) training to?provide those working in the licensed industry with an awareness of vulnerability and their responsibilities towards people visiting their premises.  

 

12.The premises shallinstall andmaintain acomprehensive CCTVsystem as perthe minimumrequirements ofthe WestminsterPolice Licensing Team. All entry and exit points, will be covered enabling frontal identification of every person entering in any light condition. The CCTV shall also cover the lifts and all other public areas 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 will include the external area immediately outside the premises entrance. 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 preceding 31 day period.

 

13.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 areopen. Thisstaff membermust beable toprovide aPolice orauthorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

14.A Challenge 21or Challenge25 schemeshall beoperated atthe premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, military ID card, passport or proof of age card with the PASS Hologram.

 

15.Patrons permitted totemporarily leaveand thenre-enter thepremises at ground floor level, e.g. to smoke,shall not be permitted to take drinks or glass containers with them.

 

16.An incident log shall be kept at the premises, and made available on requestto anauthorised officerof theCity Councilor thePolice, whichwill record the following:

 

a)    all crimes reportedto the venue

b)    all ejections ofpatrons

c)     any complaints receivedregarding crimeand disorder

d)    any incidents ofdisorder

e)    any faults inthe CCTV system

f)      any refusal ofthe saleof alcohol

g)    any visit bya relevantauthority oremergency service

 

17.No noise generated on the premises, or by its associated plant or equipment,shall emanatefrom thepremises norvibration betransmitted through the structure of the premises which gives rise to a nuisance.

 

18.External doors shallbe keptclosed exceptfor the immediate access and egress of persons.

 

19.There shall beno advertisingof thebar facilitiesexternally onthe premises building.

 

20.Notices shall beprominently displayedat all exitsrequesting patronsto respect theneeds oflocal residentsand businessesand leavethe area quietly.

 

21.The approved arrangementsat thepremises, includingmeans ofescape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

22.The means of escape provided for the premises shall be maintained unobstructed,free oftrip hazards,be immediatelyavailable andclearly identified in accordance with the plans provided.

 

23.All emergency exitdoors shallbe availableat allmaterial timeswithout the use of a key, code, card or similar means.

 

24.All emergency doorsshall bemaintained effectivelyself-closing andnot held open other than by an approved device.

 

25.Curtains and hangingsshall bearranged soas notto obstructemergency safety signs or emergency equipment.

 

26.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 outsidethe premises,and thatthis areashall beswept andor washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

 

27.All waste shallbe properlypresented andplaced outfor collectionno earlier than 30 minutes before the scheduled collection times.

 

28.No waste or recyclable materials, including bottles, shall be moved, removedfrom orplaced inoutside areasbetween 23.00hours and07.00 hours on the following day.

 

29.No collections of waste or recycling materials (including bottles) from the premisesshall takeplace between23.00 and07.00 hourson thefollowing day.

 

30.No deliveries tothe premisesshall takeplace between23:00 hoursand 07:00 hours the following day.

 

31.A direct telephone number for the duty manager at the premises shall be publiclyavailable atall timesthe premisesis open.This telephonenumber is to be made available to residents and businesses in the vicinity.

 

32.A copyof thepremises’ dispersalpolicy shallbe madereadily availableat the premisesfor inspectionby apolice officerand/or anauthorised officer of Westminster City Council.

 

33.No licensable activities shall take place until the premises has been assessedas satisfactoryby theEnvironmental HealthConsultation Team at which time this condition shall be removed from the Licence by the licensing authority.

 

34.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.

 

35.No licensable activities shall take place at the premises until premises licence20/09927/LIPT, 20/09932/LIPTand 20/09934/LIPT(or suchother number subsequently issued for the remises) has been surrendered and is incapable of being resurrected under the Licensing Act 2003

 

New Condition agreed at the Hearing

36.The Premises shall have policy on protecting children from child sexual exploitation. The policy shall include training for front-of-house staff on the signs and indications of child sexual exploitation as well as the reporting of suspicious activity to the appropriate authorities. Appropriate signs/posters shall be displayed in a prominent position highlighting the signs of child sexual exploitation.

 

37.All bona fide pre-booked events shall be restricted to the area as hatched on the plan and currently called the larder area.

 

38.No licensable activities shall take at the premises until the capacity of the Larder area of the premises/ hatched area on the approved plans, 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

 

39.No miniature bottles of spirits shall be sold at the premises.

 

40.All resident’s guests shall vacate the premises by 23:30 Monday to Thursday; 00:00 Friday and Saturday (and Sundays before a Bank Holiday); and 22:30 Sunday

 

41.No waste or recyclable materials relating to the sale of alcohol and hot food, including bottles, shall be moved, removedfrom orplaced inoutside areasbetween 23.00hours and08.00 hours on the following day.

 

42.No collections of waste or recycling materials relating to the sale of alcohol and hot food (including bottles) from the premisesshall takeplace between23.00 and08.00 hourson thefollowing day.

 

43.No deliveries relating to the sale of alcohol and hot food tothe premisesshall takeplace between23:00 hoursand 08:00 hours the following day.

 

44.The provision of Late-night refreshment to guests shall be restricted to:

 

c)     23:00 to 23:30 Monday to Thursday; 23:00 to 00:00 Friday and Saturday (and Sundays before a Bank Holiday); and 23:00 to 22:30 Sunday; and

d)    no more than one guest per resident at any time.

 

Undertaking:

 

Mr Thomas undertook to the Committee to provide the Licensing Authority with plans showing the Larder area as a hatched area.

 

 

This is the Full Decision reached by the Licensing Sub-Committee

This Decision takes immediate effect.

 

Licensing Sub-Committee

17 August 2023