Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * None   ** None	74 Victoria Street SW1E 6SQ	New Premises Licence	23/04190/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

 

5October 2023

 

Membership:      Councillor Aziz Toki (Chair) Councillor Judith Southern and Councillor Jacqui Wilkinson

 

Officer Support   Legal Adviser:              Horatio Chance

                           Policy Officer:               Daisy Gadd

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:       Roxsana Haq

 

 

Application for a New Premises Licence in respect of 74 Victoria Street London SW1E 6SQ 23/04190/LIPN

 

 

Other parties present: Craig Baylis (Keystone Law), Arnaud Studer (Applicant Company) Sally Fabbricatore (Environmental Health Service).

 

                                                     Full Decision

 

Premises

 

74 Victoria Street

London

SW1E 6SQ

 

Applicant

 

Singtime UK Ltd

 

Cumulative Impact Area

 

N/A

 

Ward

 

St James’

 

Special Consideration Zone

 

N/A

 

Activities and Hours

 

Exhibition of Films (Indoors)

 

Monday to Tuesday 09:00 to 00:00

Wednesday to Saturday 09:00 to 01:00

Sunday 09:00 to 23:00

 

 

Live Music (Indoors)

 

Monday to Tuesday 23:00 to 00:00

Wednesday to Saturday 23:00 to 01:00

Sunday N/A

 

Recorded Music (Indoors)

 

Monday to Tuesday 23:00 to 00:00

Wednesday to Saturday 23:00 to 01:00

Sunday 09:00 to 23:00

 

Late Night Refreshment (Indoors)

 

Monday to Tuesday 23:00 to 00:30

Wednesday to Saturday 23:00 to 01:00

Sunday N/A

 

Sale by Retail of Alcohol (On and Off the Premises)

 

Monday to Tuesday 10:00 to 00:00

Wednesday to Saturday 10:00 to 01:00

Sunday 10:00 to 23:00

 

Opening Hours of the Premises

 

Monday to Tuesday 09:00 to 00:30

Wednesday to Saturday 09:00 to 01:30

Sunday 09:00 to 23:30

 

Seasonal variations: None

                    

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 74 Victoria Street London SW1E 6SQ (“The Premises”). The Premises has had the benefit of an existing licence since 2015. The Premises intends to operate as a karaoke bar with provision for substantial food and musical entertainment on the ground floor and basement of the Premises. The Premises sought live and recorded music until 00:00 on Monday and Tuesday, 01:00 from Wednesday to Saturday and until 23:00 on a Sunday.

 

The Applicant has provided the following documentation:-

 

• Mediation with the interested party.
• An operation management statement.
• Presentation.
• Noise Impact Assessment.

 

These documents can be found at Appendix 2 of the agenda report.

 

The Premises are located within the St James’s Ward but not located within either the West End CIZ or SCZ. There is no policy presumption to refuse an application of this type. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.

 

Representations were received from the EHS and one local resident citing concerns regarding public nuisance.

 

There is a resident within 75 metres: 0.

 

Representations received

 

•        Environmental Health Service (Sally Fabbricatore) (EHS)

•        1 Local resident

 

Summary of issues raised by objectors

 

• The provision of the Supply of Alcohol and the proposed hours may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
• The provision of Late Night Refreshment and the proposed hours may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
• The provision of Live Music and the hours proposed, may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
• The provision of Films and Recorded Music and the hours proposed, may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
• The applicant did seek pre-application advice (2302903/PREAPM) which has been followed through the proposed conditions. Further conditions may be proposed by Environmental Health in order to protect the Licensing Objectives.
• The granting of the new Premises Licence as presented would have the likely effect of causing an increase in Public Nuisance in the area and may impact on Public Safety.

• This application is for opening hours beyond those set in Core Hours in The Statement of Licensing Policy 2021 and as such should be refused.

Pubs, restaurants and all licensed premises should comply with the Core Hours established in the Statement of Licensing Policy to avoid issues of Public Nuisance. In addition once the hours have been set to Core Hours for all activities there should be an express provision in any license the prohibits the emanation of sound from any source from the inside of the premises to the surrounding external streets / neighbourhood. The interested party has provided additional response to the applicant’s mediation emails/documents which can be found at Appendix 2.

 

Policy Position

 

Policies HRS1 and PB1 apply under the City Council’s Statement of Licensing Policy apply (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.

C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:

6. Pubs and bars, Fast Food and Music and Dance venues

Monday to Thursday: 10am to 11.30pm.

Friday and Saturday: 10am to Midnight.

Sunday: Midday to 10.30pm.

Sundays immediately prior to a bank holiday:

Midday to Midnight.

D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.

E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.

Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.

 

PB1 Policy

 

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.

B. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone other than:

1. Applications to vary the existing licence hours within the council’s Core Hours Policy HRS1.

2. Applications that seek to vary the existing licence so as to reduce the overall capacity of the premises.

C. The applications referred to in Clause B1 and B2 will generally be granted subject to:

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1, and/or,

2. 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.

3. The application and operation of the venue continuing to 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 AND REASONS

 

Mr Craig Baylis, solicitor acting on behalf of the Applicant addressed the Sub-Committee and introduced the application explaining this was their first venue in the United Kingdom which is to be based on their Paris model. Mr Baylis said that BAM, the parent company, was already present across Europe and there had been a £7,000,000 investment in this UK premises. The Premises is to operate as a high end karaoke venue with a unique customer experience. Food will be on offer for customers and this will be conditioned on the licence as per Model Condition MC41 requiring substantial food to be made available in all parts of the Premises where alcohol is to be sold.

He advised all events were to pre-booked and the premises plans indicated there was a sliding door which was to become double doors to help reduce noise.

Mr Baylis referred to the Premises Operational Management Plan which has been prepared to set out the strategy and approach to be taken when it came to the management of the Premises and the promotion of the licensing objectives.

Mr Baylis referred also to the Noise Impact Assessment & Mitigation Strategy prepared by Mr Richard Vivian of Big Sky Acoustics Ltd on pages 138-159 of the agenda report. This report was commissioned to assess the noise from the proposed refurbishment of the Premises at ground floor and basement levels to form a karaoke bar, restaurant and live performance space. The report concluded that the normal operation of the Premises until the terminal hour would not result in an increase in average noise levels in the area around the application site.

Mrs Sally Fabbricatore appearing on behalf of the EHS addressed the Sub-Committee explaining that representation had been maintained as the hours sought were beyond core. She stated that pre-application advice had been given to the Applicant prior to today’s Sub-Committee hearing which included conditions.

Mrs Fabbricatore said she was content with the mitigations created to reduce the escape of noise to counter the potential for Public Nuisance being caused. She said there is a small area that is more open plan for live music to take place but there has been a door proposed at the bottom of the basement to help mitigate this.

Mrs Fabbricatore said the outside seating area had been conditioned until 23:00 and was agreed to by the Applicant, together with a last entry time of 00:00.

In answer to questions from the Sub-Committee Mr Baylis confirmed that the Applicant had agreed all of the proposed conditions. In so far as the provision for off sales is concerned it was confirmed that this was for the outside area.

In terms of summing up Mr Baylis and Mrs Fabbricatore had nothing further to add to their submissions.

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of determining this application.

The Sub-Committee noted that the Premises is to operate as a karaoke bar for substantial food and musical entertainment on the ground floor and basement. This will include a restaurant and live performance space.

The Sub-Committee had regard not only to the written and oral evidence but also to the requirements of the Act, The Guidance issued under section 182 of the Act and the City Councils SLP in the main policies HRS1 and PB1.

The Sub-Committee noted the Noise Impact Assessment & Mitigation Strategy prepared by Mr Richard Vivian of Big Sky Acoustics. This was to assess the noise from the proposed refurbishment of the Premises at ground floor and basement levels to form a karaoke bar, restaurant and live performance space. The report concluded that the normal operation of the Premises until the terminal hour would not result in an increase in average noise levels in the area around the application site and so the public nuisance licensing objective would not be undermined. This view was also endorsed by the EHS due to the mitigation measures the Applicant was to put in place.

Having carefully considered the matter, the individual circumstances of the case and the need to promote the licensing objectives, the Sub-Committee decided to grant the application. The Sub-Committee was persuaded that the application met the policy requirements under the SLP and that there was no need to prove an exception because the Premises did not fall within the West End CIZ or SCZ.

The Sub-Committee arrived at this decision based upon the merits of the application and the various safeguards and measures, namely the Operational Management Plan (to include a dispersal policy for when customers are leaving the Premises and maintaining a good relationship with its neighbours and partners in the local area to ensure that the Premises is making a positive contribution) the Applicant is to implement in the running of the Premises that will uphold the promotion of the licensing objectives.

In reaching its decision, the Sub-Committee concluded based on the evidence that the application was suitable for the local area that the conditions attached to the licence dealing with matters such as CCTV, the employment of SIA from 21:00 hours on Thursday, Friday and Saturday, a Noise limiter to be fitted to the music amplification system, age verification, an EHS works condition meaning that no licensable activities can take place at the Premises until the EHS are satisfied would alleviate the residents’ concerns and were appropriate and would promote the licencing objectives.

 

In terms of the conditions these are all the conditions as stated at pages 181-186 of the report together with the additional condition that the ground floor will be limited to background music in the communal areas as specified below.

Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:                

 

1.        To grant permission for the Exhibition of Films (Indoors) Monday to Tuesday 09:00 to 00:00 Wednesday to Saturday 09:00 to 01:00 Sunday 09:00 to 23:00. Seasonal variations: None

 

2.        To grant permission for Live Music (Indoors) Monday to Tuesday 23:00 to 00:00Wednesday to Saturday 23:00 to 01:00 Sunday N/A Seasonal variations: None

 

3.        To grant permission for Recorded Music (Indoors) Monday to Tuesday 23:00 to 00:00 Wednesday to Saturday 23:00 to 01:00 Sunday 09:00 to 23:00 Seasonal variations: None

 

4.        To grant permission for Late Night Refreshment (Indoors) Monday to Tuesday 23:00 to 00:30Wednesday to Saturday 23:00 to 01:00

Sunday N/A Seasonal variations: None

 

5.        To grant permission for the Sale by Retail of Alcohol (On and Off the Premises)Monday to Tuesday 10:00 to 00:00 Wednesday to Saturday 10:00 to 01:00Sunday 10:00 to 23:00 Seasonal variations: None

 

6.        To grant permission for the Opening Hours of the Premises Monday to Tuesday 09:00 to 00:30 Wednesday to Saturday 09:00 to 01:30 Sunday 09:00 to 23:30 Seasonal variations: None

 

7.        That the Applicant is to lodge revised plans for approval to the Licensing Authority indicating the sliding doors and staircase prior to licensable activities taking place.

 

8.        That the Licence is subject to any relevant mandatory conditions.

 

9.        That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing with agreement of the Applicant:

 

10.      The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a karaoke bar.

 

11.      The supply of alcohol in the area hatched black on the plan shall be by waiter or waitress service only.

 

12.      The supply of alcohol in the areas hatched black on the deposited plans shall be ancillary to the provision of entertainment and substantial food.

 

13.      In the karaoke rooms marked on the deposited plan seating and tables shall be provided.

 

14.      There shall be no admittance or re-admittance to the premises after 00:00 hours except for patrons permitted to temporarily leave the premises (e.g. to smoke, make a phone call) or those patrons who have pre-booked a karaoke pod.

 

15.      After 00:00 hours there shall be a minimum of 10 karaoke pods available for booking if the ground floor or basement bar is to remain open for licensable activity.

 

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.      There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.

 

18.      All sales of alcohol for consumption off the premises shall be in sealed containers only, save for alcohol served by a waiter or waitress to customers who are seated at tables within the designated external seating area(s) shown on the plan.

 

19.      All outside tables and chairs shall be rendered unusable by (23.00) hours each day.

 

20.      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.

 

21.      A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria: (a) the limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses, (b) The operational panel of

the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder, (c) The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team, (d) No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and (e) No additional sound generating

equipment shall be used on the premises without being routed through the sound limiter device.

 

22.      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.

 

23.      Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.

 

24.      All windows and external doors shall be kept closed after 18:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

25.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

26.      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.

 

27.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.

 

28.      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.

 

29.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

30.      Other than when using the dedicated Zig Zag Building refuse collection areas and systems, no collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.

 

31.      Other than when using the dedicated Zig Zag Building delivery area and system, no deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.

 

32.      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.

 

33.      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.

 

34.      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.

 

35.      All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

36.      All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.

 

37.      The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

38.      Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

39.      A Challenge 21 or 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.

 

40.      At least 2 SIA licensed door supervisors shall be on duty at the entrance of the premises from 21.00 on Thursday, Friday and Saturday whilst it is open for business and they must correctly display their SIA licence(s) when on duty so as to be visible.

 

41.      The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. (b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. (c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance. (d) All recordings shall be stored for a minimum period of 31 days with date and time stamping. (e) Viewing of

recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

42.      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.

 

43.      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, searching equipment or scanning equipment (g) any refusal of the sale of  alcohol (h) any visit by a relevant authority or emergency service.

 

44.      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.

 

45.      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. This shall be no greater than 60 persons on the ground floor and 380 in the basement (excluding staff).

 

46.      The Premises Licence Holder shall ensure that the ground floor communal areas of the premises shall be limited to only background music.

 

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

Licensing Sub-Committee

5 October 2023