Agenda item
The Pioneer Club, 12 Cavendish Place, W1G 9DJ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 24 August 2023
Membership: Councillor Md Shamsed Chowdhury (Chair),
Councillor Jacqui Wilkinson
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Jack Robinson Young
Presenting Officer: Karyn Abbott
Other Parties: Craig Bayliss of Keystone Law and Lisa Jordon for the Applicant, Cavendish Place Limited
Mark Browning of BA Law for Mr K Maree and Mr G Owen of the Langham Hotel
Application for a New Premises Licence for The Pioneer Club, 12 Cavendish Place, London W1G 9DJ – 23/03514/LIPN
Full Decision
Premises:
The Pioneer Club
12 Cavendish Place
London
W1G 9DJ
Applicant
Cavendish Place Limited
Ward
Marylebone
Cumulative Impact Zone.
None
Special Consideration Zone:
None
There is a resident count of 0
Summary of Application
This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). This application seeks to permit the premises to operate as a new members club called The Pioneer Club. The vast majority of the premises on all floors as an upmarket shared office/workspace with access only to members of the club or their bona fide guests
Application
To Permit:
Late Night Refreshment (Indoors)
Sundays to Wednesday 10.00 to 01.00
Thursdays to Saturdays 10.00 to 02.00
Sale of alcohol (On sales only)
Sundays to Wednesday 10.00 to 01.00
Thursdays to Saturdays 10.00 to 02.00
Opening Times
Mondays to Sundays 24 Hours
Ground floor restaurant to open Sundays to Wednesday 10.00 to 01.00
Thursdays to Saturdays 10.00 to 02.00
Representations Received
· PC Tom Stewart – Metropolitan Police Service (Withdrawn 15 August 2023)
· The Langham Hotel
Issues raised by Objectors.
Their principal concern is with the hours proposed by the Pioneer Club. The Langham’s primary concern is towards its resident guests, many of whom have young families. Many of the Langham’s guest rooms are immediately next door to 12 Cavendish Place
The Premises are on the border of the West End Buffer Special Consideration Zone.
The hours sought by 12 Cavendish Place are contrary to Policy HRS1.
Policy Considerations
Policy HRS 1 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.
Policy PB1(A) state:
A. Applications outside the West End Cumulative 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 being within the council’s Core Hours Policy HRS1.
3. The application and operation of the venue meet the definition of a Public House or Bar in Clause D.
D. For the purposes of this policy a Public House or Bar is defined as a premises, or part of a premises that’s primary use is the sale or supply of alcohol for consumption on those premises and/or for consumption off the premises for consumption outside the venue.
Nomination of Chair
The first order of business was to nominate a Chair of the Committee
Cllr Wilkinson nominate Councillor Chowdhury as Chair. As there were no dissenting views, Councillor Chowdhury accepted and was appointed Chair of the Committee.
SUBMISSIONS AND REASONS
1. Karyn Abbott summarised the application to be heard.
2. Mr Bayliss for the Applicant informed the Committee that the application relates to 2 buildings knocked into one site and is due to open in 2026. He described the operation as a ‘posh’ office space for private members. There will be a bar lounge, a restaurant which only takes customers who have pre booked and has a maximum of 50 covers.
3. Mr Bayliss amended the operation time for the restaurant to a terminal hour of 01.00 and confirmed the balcony area will be vacated by 22.30.
4. The Committee was notified that the event space will have a limited capacity of 60 and the ground floor restaurant is the only area for members of the public. All attendances at the restaurant must also be pre-booked. The other floors are meeting rooms and workspaces up to the 4th floor which is a bar/lounge for members and their guests with the balcony areas closing by 22.30.
5. Mr Bayliss stated that the only objection is from the Langham which have their own public house which has a Premises Licence until 01.00. The Applicants’ site is a five-star business club with alcohol and dining being ancillary.
6. The Premises is open for 24 hours to accommodate international business contact and there is a membership fee of £4000 and then a further £6000 per annum to use the offices and facilities.
7. The Premises has planning authority and there will be a total development spend of about £30 million.
8. Mr Bayliss confirmed there would be no smoking on the balcony and he will accept a condition restricting the same. The capacity of this area is about 5 people. He also agreed to members being restricted to 3 bona fide guests and informed the Committee that the Premises will be la workspace with the appropriate facilities and the bar will be a fully servicing bar. The capacity will be determined by the EHS before the Premises opens.
9. Mr Browning and his clients on behalf of the Langham explained that the Langham hotels has 380 beds and 90 are in close proximity to the Applicants Premises. They are concerned about the late trade of the Lounge Bar until 02.00 and even the restaurant area is close to bedrooms. They identified this on the plans.
10. They also expressed concerns about the proximity of smokers from the Premises to the hotels’ bedrooms which is only about 4 metres. Smokers should be located to the local park.
11. The Langham submitted that the hours of operation should be restricted to core hours. The restaurant is close to the bedrooms and the rest of the Premises is a 24 hour operation. The Premises high end customers will have noisy and powerful cars which will be a disturbance. Closing the restaurant in their view, at 00.00 is reasonable. They also asked for all windows and doors to be kept closed after 21.00.
12. Mr Bayliss confirmed an agreed condition relating to the closure of windows and doors at 21.00 and emphasised that the Premises is not a night club but primarily a workspace and this is also conditioned. No regulated music has been requested in the application.
13. The Applicant agreed to directing smokers to Cavendish Square and developing a dispersal policy nearer to opening. Mr Bayliss and his client agreed to reducing the terminal hours on the 4th Floor to 01.00 and reminded the Committee that the EHO and Police have not objected.
DECISION
The Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.
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 Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.
The Committee had regard to the Act, Westminster’s Statement of Licensing Policy and the Guidance issued under section 182 of the Act.
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:
Late Night Refreshment (Indoors)
Sundays to Wednesday 23.00 to 01.00
Thursdays to Saturdays 23.00 to 02.00
Mondays to Sundays 23.00 to 01.00 (The Ground Floor Restaurant and Fourth Floor)
Sale of alcohol (On sales only)
Sundays to Wednesday 10.00 to 01.00
Thursdays to Saturdays 10.00 to 02.00
Mondays to Sundays 10.00 to 01.00 (The Ground Floor Restaurant and Fourth Floor)
Opening Times
Mondays to Sundays 24 Hours
Mondays to Sundays 10.00 to 01.00 (The Ground Floor Restaurant and Fourth Floor)
2. To add relevant Mandatory Conditions.
3. To add conditions proposed to form part of the operating schedule
10. The premises shall install and maintain a comprehensive CCTV system that ensures all areas of the licensed premises are monitored including all entry and exit points, which enables frontal identification of every person entering in any light condition. The CCTV system shall be in accordance with the advice of, and to the satisfaction of, a Metropolitan Police Crime Prevention Officer. All cameras shall continually record whilst the premises are open to the public and the recordings shall be made and retained for at least thirty-one days and shall be readily available for inspection by the Police or an authorised officer from Westminster City Council.
11. 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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
12. An incident log shall be kept at the premises, and made available on request to authorised officer of the City Council or the Police, which shall record the following:
(a) all crimes reported to the venue;
(b) any complaints received regarding crime and disorder;
(c) any incidents of disorder;
(d) any faults in the CCTV system;
(e) any refusal of the sale of alcohol;
(f) any visit by a relevant authority or emergency service.
13. In the area hatched black on the ground floor the supply of alcohol shall only be to members of the Pioneer Club and their guests or persons attending a private pre booked function or attending the premises as a pre booked guest of the restaurant where alcohol shall at all times be ancillary to a substantial table meal,
(i) in which customers are shown to their table or the customer shall select a table themselves,
(ii) where the supply of alcohol is by waiter or waitress service only,
(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
(iv) which do not provide any takeaway service of food or drink for immediate consumption off the premises,
(v) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
For the purpose of this condition ‘Substantial Table Meal’ means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.
14. Apart from the area hatched black on the ground floor approved plans, the remainder of the premises shall operate as a private members’ club, where the supply of alcohol shall at all times be ancillary to the use of the spaces as office and shared workspace for the members and their bona fide guests.
15. Members of the public shall have no access to the premises at any time save for pre booked tables in the restaurant area hatched black on the ground floor, or as guests of the club members in the office/workspace areas for business purposes, or as a guest at a private pre booked function in the basement event space.
16. No deliveries to or collections from the premises shall take place between 23.00 and 07.00 hours on the following day.
17. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
18. Notices shall be prominently displayed at exists requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
19. At least 2 SIA licensed door supervisors shall be on duty at the entrance of the premises from 21.00 when private pre-booked events are held and they must correctly display their SIA licence(s) when on duty so as to be visible. At all other times the requirement for SIA licensed door supervisors shall be continually risk assessed. This risk assessment shall be made available upon request of the Police or authorised officer of Westminster City Council
20. 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.
21. 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.
22. 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.
23. There shall be no externally promoted events.
24. The basement event space shall only be for the use of members and their bona fide guests or for a private pre booked function.
25. A list of the names and addresses of members of the Club shall be kept on the premises at all times together with a book showing the names and dates of attendance of any guests introduced by members. Both the list and the book shall be produced on demand for inspection by the police or an authorised officer of the Council.
26. Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.
27. All windows and external doors shall be kept closed after 21:00 hours, except for the immediate access and egress of persons.
28. The external terraces and balconies shall not be used between the hours of 22.30 and 07:00 hours.
29. Between the hours of 23.00 and 07:00 hours smokers shall only be permitted to smoke on Cavendish Square.
30. 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 drinks or glass
containers with them.
31. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
32. 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.
33. Guests of Members shall be limited to a maximum of 3 (three) persons.
34. Smoking shall not be permitted on any of the balcony/terraced areas.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
24 August 2023
Supporting documents:
-
LSC Report - The Pioneer Club_Redacted, item 2.
PDF 1 MB - Restricted enclosure View the reasons why document 2./2 is restricted