Agenda item
Maison Estelle, 6 Grafton Street, W1S 4EQ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 7 September 2023
Membership: Councillor Aziz Toki (Chair) and Councillor Iman Less
Officer Support: Legal Adviser: Michael Feeney
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Other Parties: Jack Spiegler (Solicitor, Thomas and Thomas Partners), Michael Thomas-Ryan (Managing Director and DPS of the Applicant) and Richard Vivian (Big Sky Acoustics) on behalf of the Applicant and Sue Irons (Solicitor, Laytons) and Simon Pook (Solutions Tailormade Ltd) on behalf of the Interested Party
Application for a Premises Licence Variation in respect of Maison Estelle 6 Grafton Street London W1S 4EQ 23/01877/LIPV
Full Decision
Premises:
Maison Estelle
6 Grafton Street
London W1S 4EQ
Applicant
Maison Estelle Limited
Ward
West End
Cumulative Impact
N/A
Special Consideration Zone
N/A
Summary of Application
The Sub-Committee has determined an application for variation of a Premises Licence in respect of the above premises under the Licensing Act 2003 (“The Act”). The Premises operates as a Private Members’ Club from a Grade 1 listed Georgian Building. The Application proposes to vary the existing premises licence by regularising the existing terminal hours for the Basement and Lower Ground Floor on Wednesday to Saturday and to extend hours across all floors Monday to Saturday. No changes are being sought to existing conditions, any licensable activities on Sundays or non-standard timings. A list of the conditions proposed with the Application can be found at Appendix 5 of the agenda report.
The Premises has had the benefit of a premises licence since 2017. The current premises licence (22/11947/LIPVM) can be viewed at Appendix 1 of the agenda report along with the premises licence history at Appendix 4.
The Applicant has provided supporting documents, including a summary of proposals, an acoustic report, two reports from an independent licensing consultant a dispersal policy, a letter to the objector dated 5 June 2023 and a premises brochure. These can be found at Appendix 2 of the agenda report. A copy of documents submitted by the Interested Party ahead of the hearing on 27 July 2023 including submissions made to the Council and an ‘Event Log’ of noise disturbance can be found at Appendix 3 of the agenda report.
The Premises are situated within the West End Ward but not within a Cumulative Impact Area or a Special Consideration Zone. There is no policy presumption to refuse the application.
There is a resident count of 5.
The application seeks the following:
Hours Premises Are Open to the Public on All Floors
Monday to Saturday:07:00 to 03:00
Sunday:07:00 to 01:30
An additional hour when British Summertime commences.
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Regulated Entertainment Including Performance of Dance, Exhibition of a Film, Performance of Live Music, Playing of Recorded Music, Performance of a Play and Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance on All Floors
Monday to Saturday:08:00 to 02:30
Sunday:08:00 to 01:00
An additional hour when British Summertime commences.
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Late Night Refreshment Indoors on All Floors
Monday to Saturday: 23:00 to 02:30
Sunday: 23:00 to 01:00
An additional hour when British Summertime commences.
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Sale by Retail of Alcohol On and Off Sales on All Floors
Monday to Saturday: 08:00 to 02:30
Sunday: 08:00 to 01:00
An additional hour when British Summertime commence (off sales condition to cease at 23:00)
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Representations Received
- Taradale Offshore Limited, Suntera Global 13 Castle Street St Helier Jersey JE2 3BT
Issues raised by Objectors
· The Premises adjoins our property at 5 Grafton Street. The application represents a very significant extension of the existing business operation. The Premises is already the cause of such a public nuisance that the enjoyment of our property is significantly adversely affected. There is noise from patrons as they standing talking in Grafton Street, as they socialise on the roof garden and there is music noise escaping from the premises facades and transmitted through the internal structure of the property.
· We objected to the planning application to convert the Premises into a private members’ club but our objection was unsuccessful, albeit the permission is subject to a number of strict planning conditions. There have been apparent breaches and inconsistencies with conditions 3, 4, 5, 6, 7, 8, 14, 15, 16, 17 and 20 on the planning permission. The capacities on the premises licence are inconsistent with the capacities in the planning permission, and there have been multiple breaches of the conditions concerning noise within our property.
· Music from the Premises can be heard throughout our property, and we question whether the required acoustic screening has been provided. The Premises is also likely to be in breach of licence condition 23, which states that no noise generated on the Premises shall emanate from the Premises nor vibration be transmitted through the structure of the Premises which gives rise to a nuisance. The Premises immediately adjoin the Mayfair Special Consideration Zone, where noise nuisance has been identified as an issue. Policy PN1 is relevant, and the Applicant is in breach of the requirements of Appendix 11 of the Westminster Statement of Licensing Policy. We will lodge an acoustic analysis of the issue.
Policy Considerations
Policies HRS1 and PB1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy 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.
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 PB1
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 operation of any delivery services for alcohol and/or latenight
refreshment meeting the council’s Ancillary Delivery of Alcohol
and/or Late-Night Refreshment Policy DEL1.
4. The applicant has taken account of the Special Consideration
Zones policy SCZ1 if the premises are located within a designated
zone.
5. 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
Submissions by the Parties
Mr Kevin Jackaman, Senior Licensing Officer, introduced the application to the Sub-Committee, including the hours and activities applied for. Mr Jackaman confirmed that one representation had been submitted by the Interested Party.
Mr Spiegler stated that the Application sought extension from 01:00 to 02:30 on Mondays and Tuesdays and an increase of capacity. He said that the lower floors of the Premises operated more as a club and lounge whereas the upper floors operate more sedately. This quieter use of the upper floors will not change, and the Applicant has demonstrated via TENs that they can do this without complaint. The intention is to allow members to stay on the upper floors for longer. The membership of the Premises is carefully curated, the Premises is designed to be a home from home and the members’ behaviour is controlled. The Premises shares many of the characteristics of a private members’ club.
Mr Spiegler confirmed that there were no objections from residents or Responsible Authorities apart from the Interested Party’s objection. That objection was submitted by an off-shore company, and there is no account from anyone who has lived or stayed in the property. Mr Spiegler submitted that the Applicant had tried to engaged with the Interested Party and referred to the letter he had sent at page 287 of the Agenda Report. On 22 August 2023 following further correspondence, there was a site visit and music played in Maison Estelle was inaudible in the neighbouring property. The parties also had a useful discussion on sources of nuisance and other licensed premises in the local area. Notwithstanding, other than a suggestion that there are some staff residing in building, there is no evidence that residents permanently reside in the property. In addition, Mr Spiegler submitted that the noise report submitted by the Interested Party relates to 2022 data with very little commentary. The objector has not submitted any noise data since 2022 which may indicate that there are no ongoing issues. Thirdly, Mr Spiegler noted that at page 338 of the agenda report (and throughout the noise report) the objector’s own consultant states that ‘it should be noted that without specific information from the residence (sic) regarding these times to rule out any internal operations that could have influenced the results, it cannot be proven that these were all caused by the neighbouring property.’
Mr Spiegler submitted that there was therefore no evidence for where the noise came from, and it could have come (for example) from the tube line. Mr Spiegler also pointed out that there was no evidence of substantiated complaints of nuisance during normal operation or TENs. Consistent with this at page 280 of the agenda report, Mr Studd’s independent expert opinion is that the Premises is very well run, is not generating noise and will not have an adverse impact on the area. Mr Spiegler submitted that planning was not a matter for the hearing, but turning to licensing policy, the Premises is outside all special areas and the Committee could decide the Application on its merits. The evidence of Mr Studd, Mr Vivian and the conditions proposed all showed that the Application would meet the licensing objectives. Mr Spiegler emphasised the lack of outstanding objections from residents’ associations, Responsible Authorities and the Applicant’s good track record before submitting that the Application should be granted.
In response to questions from the Sub-Committee, Mr Thomas-Ryan did not provide a specific number of members, but he said that the membership was curated and generally a bit older. This made it important to have spaces to have a drink after having a meal. Mr Spiegler further explained that a condition on capacity after 01:00 had been agreed with the St James and Mayfair Residents’ Society in order to allow for more gradual dispersal. Mr Thomas-Ryan also said that the Premises had three restaurants, bars and lounges and held some events including talks. Mr Spiegler explained that licensable activities were being sought until 2:30am Monday to Saturday across the board. In response to another question, Mr Thomas-Ryan said that there were two smoking areas, one in the basement and one on the rooftop, and Mr Spiegler said an advantage of these areas is that they are not on the public highway.
In response to questions from the Sub-Committee, Mr Spiegler said that they were not anticipating 425 people every night, but the capacity sought was for occasional, busy nights. The Premises had had events under TENs for up to 600 with no complaints. Mr Thomas-Ryan added that the building is very large and that the upper floor space was used in a quieter way. Under the current licence, members had to leave the upper floors at 01:00 and reduce the building’s capacity to 250, which did not make sense when the building was big enough to accommodate more.
In response to further questions, Mr Thomas-Ryan said the Applicant uses Whatsapp and asks members to tell them when they are coming and to tell them about any guests (each member is allowed to bring up to three guests). Mr Thomas-Ryan said that the roof terrace could hold up to 24 people and that it was used for having a drink or smoking. Mr Spiegler and Mr Thomas-Ryan both said that the housekeeper at No 5 said there were no issues with the roof terrace. With regards to security, Mr Thomas-Ryan explained that the current licence requires there to be two members of security, but on Thursday-Saturday he uses 11 security staff to manage each floor and that there is always one security member just inside from the roof terrace. Mr Thomas-Ryan said that the Premises was not a rowdy place, that it is a home from home for members and that the roof terrace is a quiet area with people chatting.
In response to questions from Council officers, Mr Spiegler said that earlier hours had not been considered for the roof terrace. He submitted that there have been no complaints when the roof terrace has been used for TENs in the past, there are no representations from Environmental Health and the housekeeper from No 5 confirmed there were no problems with the roof terrace. In addition, the smoking area in the basement would get very busy if the roof terrace were closed earlier and people might have to go out onto the street.
On behalf of the Interested Party, Mr Pook explained that his company was a technology company and for this particular project they were asked to do a specific sound monitoring, which is a way of identifying any impacts environmentally to the front living room and wall adjacent to the Premises. They were asked to do a basic survey as a benchmarking process to understand if there was an environmental sound impact. This was not a detailed acoustic analysis but a benchmarking exercise to understand if there was a problem. Things such as helicopters, tube trains and cars have not been identified and then identified out of the sound recording to separate that data.
Mr Pook said there would need to be a CCTV camera to be sure about the source of the noise but that it would be expensive to have equipment and CCTV to correlate around the impacts and noises. For a domestic property that is very expensive, which is why he had been asked to do a benchmarking process. The tube runs every 2-3 minutes, but the frequency is such that they did not pick that up on ground floor. Mr Pook explained that the breaches they had been looking at were above 45db, so they set the equipment up to look at 45db. They were not recording the nature of the conversation or music or car, just recording pulses and if those pulses broke 45db, which is a breach according to planning regulations. The noise detector was placed in the front living room. Mr Pook could not say definitively ‘it is this’ or ‘it is that’ that was causing the noise; all he could say is that the clients were being impacted by noise at night from 11pm-6am.
On page 314 of the agenda report there is the raw data. Over the ten weeks they monitored the front room there were 26 events, but the highlighted box on page 314 shows 332 specific events over the course of the evening, whether that is noise from music or from the street cannot be said categorically. Mr Pook asked the staff to stay away from the front room and to limit activities in the area so as not to interfere with the noise detector, but without the CCTV he could not prove the source of the noise. However, there is data showing a multitude of breaches over a period of time of ten weeks. They were able to identify an impact, and to determine the nature of that impact, to do it properly to challenge this Mr Pook’s company would bring in the best experts they could find on acoustics and environmental impact.
Ms Irons asked the Sub-Committee to reject the Application in its entirety but if the Sub-Committee were minded to grant to look carefully at the roof terrace. The roof terrace is in direct sight and sound of the rear bedrooms of No 5 and has the propensity to cause significant difficulties. Ms Irons believed there was a TEN event with 60 people on the roof terrace, and there might not have been a complaint because the Property was not occupied at the time. In addition, the upper floors of the Premises are the most likely to impact on the bedrooms of No 5. If the upper floors are quiet, it would provide comfort if activities such as live music were restricted on those floors.
Ms Irons explained that No 5 is a residential property, and as it is listed there is a limit to works that can be carried out to ameliorate noise. No 5 shares a party wall with No 6 and all the bedrooms have that party wall within them. The rear bedroom has a direct line of sight to the roof terrace. The fact that the owner of the property is an offshore company is irrelevant. The property is tenanted, and the current tenant is a family with small children. The family may not be there every day, but they are entitled to be there should they wish to be. Ms Irons has been told that they love the house, but that the noise issues have impacted on their desire to spend time at No 5. The clients are sure that the music is coming from No 6 and that it is not outside noise such as cars. The clients have also referenced supercars stopping outside the club and revving their engines.
Ms Irons confirmed that Mr Pook had been asked to carry out a preliminary investigation and following that there was communication between the parties. Ms Irons admitted there was no complaints made to EHS; the company’s approach was to engage with the Applicant. The communication between the parties led to Mr Vivian’s report that is in the agenda report, but there was no further contact about what more could be done. In December 2022 the household staff twice asked the Premises directly to turn the music down, and in fairness the music was turned down but it was still audible. There continues to be email correspondence.
In light of this, Ms Irons submitted that it is not true that the objections raised are all new and that the Applicant was unaware of her clients’ concerns. The hope was that it would be resolved, but it has not been resolved. Ms Irons’ clients were not told of the application to extend hours, and the idea of noise disruption extending because of extending the hours is too much. Ms Irons could not say that the problem is every night because the tenants are not there every night. However, Ms Irons’ clients had no confidence that the situation would improve because it has not improved to date. If the licence is extended, particularly on the roof terrace, things are going to deteriorate.
In relation to the previous hearing, Ms Irons said that they had not requested an adjournment, and their representations had been in response to the Applicant’s documents. The Interested Party’s documents had been submitted on time, and the Applicant knows about the noise because they were contacted about it in 2022. The Applicant had not seen the report, but they were told about the noise. The objector has a tenant, and that tenant is entitled to a reasonable night’s sleep. With regard to the impromptu sound test, which is not scientific, this was not done on the instructions of Ms Irons’ client, and the Interested Party does not accept that it shows that there is no problem.
In response to questions from the Sub-Committee, Ms Irons stated that the tenant was a family and that the objector’s property was next to the Premises. Ms Irons added that it was primarily a commercial area, and that it is quiet in the evening apart from the club. Ms Irons explained the layout of No 5 compared to the Premises. Ms Irons confirmed that the tenants had never complained to the Council, and the route they chose to take was to engage with the Applicant.
In response to further questions from the Sub-Committee, Mr Spiegler said that the restaurants were on the ground, first and third floors. Mr Spiegler confirmed that they would be happy to restrict live music on the upper floors. Ms Irons said the Property had been tenanted before. Mr Spiegler also confirmed that they would be happy to accept model condition 24 if the Sub-Committee were minded to grant. Ms Irons said she thought this would be helpful and useful because it would mean that no-one would need to go round to the Premises to complain. The Sub-Committee recommended that the Applicant build a relationship with the tenants, and Ms Irons added that it was not a high turnover property.
Mr Spiegler explained that the TEN applied for in relation to the roof terrace was 60 persons, which is consistent with the capacity on the current premises licence. The TEN for 65 included staff. Mr Spiegler said there had been more than ten TENs. In relation to supercars, Mr Spiegler referred to Mr Studd’s report which said there were parking spaces and that staff were able to help members leave. Mr Thomas-Ryan added that two security staff helped with the dispersal of members, and Mr Thomas-Ryan explained how the dispersal policy operates.
In response to questions from Council officers, Ms Irons referred to a plan from Mr Vivian’s report showing the relationship between the Premises and the rooms/bedrooms of the No 5.Mr Spiegler then confirmed that the Applicant would agree to live music not being allowed on the second, third and fourth floors. Mr Spiegler confirmed that the same would be true for recorded music and performance of dance. On the roof terrace capacity, Mr Spiegler confirmed that proposed condition 38 could be amended to specify a maximum capacity of 30 persons on the roof terrace excluding staff. Ms Irons added that from a bedroom in No 5 the roof terrace could be seen and that the roof terrace is a problem.
In summing up, Mr Spiegler submitted that the Sub-Committee had not heard directly from anyone from No 5, and the Committee should treat the objector’s evidence with caution. The evidence from the objector is that the 2022 survey could not prove that the noise was coming from the Premises, and Mr Vivian can confirm that the music was inaudible in No 5 in the recent sound test. There is evidence of no complaints and evidence from Mr Studd who visited on two occasions. On the roof terrace, concessions have been made, and the earlier closure of that could be counter-productive in sending smokers down to the street.
Reasons and Conclusion
The Sub-Committee has determined an application for Variation of a Premises Licence under the Act . The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. The Sub-Committee had regard not only to the written and oral evidence but also to the Act, the Guidance issued under section 182 of the Act and the City Council’s SLP, in particular policies HRS1 and PB1.
The Sub-Committee considers that the Applicant has demonstrated that the measures it proposes (as secured by conditions) would promote the licensing objectives. The Premises is not within a Cumulative Impact Area or a Special Consideration Zone and so is considered on its merits.
Although the Interested Party has raised noise concerns, there is no history of noise complaints regarding the Premises, and there are no other residents who have complained or made representations. Following agreed conditions with the Metropolitan Police there have been no representations from Responsible Authorities. The Sub-Committee places great weight on the fact that Environmental Health Services have not objected to the Application. The Sub-Committee also places great weight on the fact that the representation from the St James and Mayfair Residents’ Association was withdrawn following an agreed condition.
In addition, the noise report produced by the Interested Party could not confirm whether the noise complained of came from the Premises. The noise report was a background survey and not a detailed acoustic analysis. The Sub-Committee also notes that there have been TENs at the Premises without there being any noise complaints. Although the application is outside Core Hours, no extension of hours compared to the current licence is sought (apart from on Mondays and Tuesdays). As the current licence has operated in accordance with the licensing objectives, the hours are deemed acceptable.
Despite this, the Sub-Committee considers that it is appropriate to minimise the impact on 5 Grafton Street by restricting the performance of live music, the playing of recorded music, the performance of dance and anything resembling those activities to the basement, lower ground floor, ground and first floors; this prevents those activities most likely to generate noise from taking place on the floors adjacent to the bedrooms in 5 Grafton Street. The Sub-Committee is grateful to the Applicant for agreeing to this during the hearing.
Given the history of this Application, the Sub-Committee also considers that the parties have failed to communicate proactively and productively; in order to facilitate this, the Sub-Committee has imposed model condition 24 to allow for direct communication.
Finally, the Sub-Committee amended the capacity condition so as to clarify the number of persons allowed on the roof terrace. This has been done because of the potential for noise on the roof terrace. Given the lack of a history of complaints, the lack of representations made by Responsible Authorities or other residents and the nature of the evidence submitted by the Interested Party, it is considered that this measure will uphold the licensing objectives. This conclusion is strengthened by the fact that the Sub-Committee has not allowed live music, recorded music or the performance of dance on the roof terrace or upper floors.
The Sub-Committee, in its determination of the matter, concluded that the hours and the conditions it had imposed on the licence were appropriate and would promote the licensing objectives. Having carefully considered all the committee papers, submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter the Committee therefore decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives:-
1. To grant permission for:
Exhibition of a Film and Performance of a Play on All Floors
Monday to Saturday:08:00 to 02:30
Sunday:08:00 to 01:00
An additional hour when British Summertime commences.
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Performance of Dance, Performance of Live Music, Playing of Recorded Music and Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance on Basement, Lower Ground Floor, Ground and First Floors
Monday to Saturday:08:00 to 02:30
Sunday:08:00 to 01:00
An additional hour when British Summertime commences.
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Late Night Refreshment Indoors on All Floors
Monday to Saturday: 23:00 to 02:30
Sunday: 23:00 to 01:00
An additional hour when British Summertime commences.
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Sale by Retail of Alcohol On and Off Sales on All Floors
Monday to Saturday: 08:00 to 02:30
Sunday: 08:00 to 01:00
An additional hour when British Summertime commence (off sales conditioned to cease at 23:00- see condition 18)
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
Hours Premises Are Open to the Public on All Floors
Monday to Saturday:07:00 to 03:00
Sunday:07:00 to 01:30
An additional hour when British Summertime commences.
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.
2. That the Licence is subject to any relevant mandatory conditions.
3. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives:
11. Licensable activities shall only be provided to:
(a) members of a private club and their bona fide guests (not exceeding 4 guests per member). No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 24 hours between their nomination or application for membership and their admission.
(b) persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted. A register of persons attending the event shall be kept at the premises for 31 days and made available for immediate inspection by police or an authorised officer of the Council.
12. 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.
13. 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 will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are 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.
14. 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.
15. 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 will 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.
16. 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.
17. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
18. There shall be no sales of alcohol for consumption off the premises after 23:00 hours.
19. There shall be no sales of hot food or hot drink for consumption ‘Off’ the premises after 23:00 hours.
20. All windows and external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.
21. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
22. 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.
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. 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.
25. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport or proof of age card with the PASS hologram
26. 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.
27. 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.
28. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
29. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
30. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
31. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
32. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall 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, shall be non-combustible.
33. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
34. Unless otherwise agreed in writing with the Metropolitan Police, there shall be:
(a) A minimum of 2 SIA licensed door supervisors after 9pm; and
(b) A minimum of 1 SIA licensed door supervisor at all times.
35. All SIA door supervisors shall display appropriate SIA identification.
36. There shall be no drinks taken from the premises onto the public highway.
37. Loudspeakers shall not be located in the entrance lobby or outside the premises building including the external terrace.
38. 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.
39. Apart from a maximum of four pre-arranged members events per annum the maximum number of persons on the premises after 01:00 shall not exceed 425 excluding staff.
40. The number of persons permitted on the premises at any one time (excluding staff) shall not exceed:
(a) Basement: 150
(b) Lower Ground Floor: 100
(c) Ground Floor: 120
(d) First Floor: 120
(e) Second Floor: 100
(f) Third Floor: 100
(g) Fourth Floor: 60, including a maximum capacity of 30 on the roof terrace
Subject to an overall maximum of 600 at any one time.
41. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
7 September 2023
Supporting documents:
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6 Grafton Street_Variation LSC Report_Redacted, item 4.
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