Agenda item
Fora Space, 14 Bird Street, W1U 1BU
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 26 October 2023
Membership: Councillor Angela Piddock (Chair),
Councillor Iman Less
Councillor Melvyn Caplan
Others present: Alun Thomas (Solicitor, Thomas and Thomas), Laura Maloney (for the Applicant)
Maxwell Koduah (Environmental Health Service - EHS)
Margaret Parnham (Resident Manager Phoenix Building) for Lorraine Le Mare.
Alan Porter
Application for a New Premises Licence for Fora Space, 14 Bird Street, London, W1U 1BU - 23/04507/LIPN.
Full Decision
Premises:
Fora Space
14 Bird Street
London
W1U 1BU
Applicant
Fora Space Limited
Ward
West End
Summary of Application
This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). The premises is an office building operated by Fora Space Limited (part of The Office Group), who provide flexible workspace in central locations, with individual offices, meeting rooms, co-working, lounge and café facilities.
These premises are not open to general members of the public.
Cumulative Impact Zone.
None
Special Consideration Zone:
None
There is a resident count of 101
Application
To Permit:
Late Night Refreshment (Indoors)
Monday to Thursday 23.00 to 23.30
Fridays and Saturdays 23.00 to 00.00
Sale of Alcohol
Monday to Thursday 10.00 to 23.30
Fridays and Saturdays 10.00 to 00.00
Sundays 11:00 to 22.30
Recorded Music (Indoor)
Monday to Thursday 10.00 to 23.30
Fridays and Saturdays 10.00 to 00.00
Sundays 11:00 to 22.30
Films (Indoor)
Monday to Thursday 10.00 to 23.30
Fridays and Saturdays 10.00 to 00.00
Sundays 11:00 to 22.30
Opening Times
Monday to Sunday 00:00 to 00:00
Representations Received
· Maxwell Koduah – Environmental Health Services (EHS)
· Elizabeth Virgo – Paddington Waterways and Maida Vale Society
· Residents x 24
Issues raised by Objectors.
The EHO have concerns that as presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
The residents state that The Phoenix contains 60+ residential units, and whatever happens in that street by way of noise, smells, traffic has a direct and immediate impact on the quality of life of a great number of residents.
Until approx. two years the property was simply an office block.
Since Fora opened the workspace in its new guise the increased disturbance in Bird Street has been noticeable. We have a marked increase in deliveries and the reversing vehicles do cause noise. Those using the workspace come out onto Bird Street to smoke during breaks. Smoke already gets into our living space through open windows as does the noise from those assembling outside.
Now, a licence is sought so that films may be shown, alcohol supplied, music played until well into the night. Clearly, this is a massive change in the use of this space which does not fit well in a quiet residential street. All of the disturbance we already have to tolerate will inevitably increase and be extended into the night time.
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.
Policy COMB1 states:
A. Applications outside the West End Cumulative Impact Zone for premises that propose to operate as a ‘combined use premises’ will be considered on their merits and subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities for the relevant use 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 Zone policy SCZ1 if the premises are located within a designated zone.
C. When considering what weight is to be given to the relevant uses and policies the Licensing Authority will take into account:
1. Whether it will undermine the licensing objectives.
2. The current and proposed use of the premises.
3. When those uses will take place.
4. What the primary use of the premises is or the uses that will take place in different parts of that premises.
5. Whether there would normally be a presumption to refuse an application for that use if it was operating as that premises type and not a combined use premises.
6. Whether the hours sought for the all or parts of the premises are within or outside the Core Hours.
D. The Licensing Authority will take into account, when considering the application, the relevant considerations from each of the appropriate premises uses policies within this statement.
E. For the purpose of this policy a Combined Use Premises means premises which require a premises licence and where there is more than one premises use, and where the uses are not dependent on/ or part of the other uses i.e. are not ancillary to the other uses.
SUBMISSIONS AND REASONS
The Presenting Officer, Jessica Donovan, Senior Licensing Officer, introduced the application to the Committee.
Mr Thomas on behalf of the Applicant informed the Committee that the Premises has been open since March and its operation has not attracted any complaints. There are concerns from residents about smokers and deliveries.
The sale of alcohol will take place on the 4th and 5th floors which will be used by members only.
The Committee were told that the maximum capacity on the 4th and 5th floors is 110 and events which will be pre-booked, will take place in those areas. Entry to the Premises as well as the events is controlled by staff. Off sales of alcohol is restricted by conditions and the times applied for comply with Westminster’s Core Hours Policy.
In response to questions from the Committee, the Applicant confirmed that there will be no DJ performances and the application for regulated music is purely as a precaution, but it is not needed. Mr Thomas stated there may be some music for events, and some low-level background music during the day. When asked about live music, Mr Thomas said this would be rare.
The Committee noted the conditions detailed from page 35 of the Agenda papers and in particular condition 9.
The EHS confirmed the agreed conditions and stated the first people at risk of noise nuisance would be office workers, so it is in the Applicant’s best interest to manage events carefully. He also suggested that there could be a limit on the number of smokers and residents to be provided with a contact number for the office manager (MC24).
The Committee was informed by Ms Parnham and Mr Porter that Bird Street is a hollow area which causes an echo of any noise made. and delivery trucks caused a disturbance. Delivery of glass and bottles will have an impact. Smokers are already having an impact by smoking under the covered street area of Phoenix residential building. The residents felt that the nature of the operation is changing from an office block to a more intrusive operation which involves more smokers, deliveries, music and sale of alcohol.
The Sub-Committee were informed by the residents that Bird Street had school age children and elderly people who would suffer from noise. Local residents asked for deliveries to be limited from between 08:00 and 18:00 only.
Mr Thomas agreed to the addition of MC24 but stated that the office users are not the only people who smoke outside the Phoenix, so management of people at an event outside smoking would be difficult.
Mr Thomas suggested management of events by having a terminal hour of events of 23.00, restricting the capacity and use of the terrace until 22.00. He also agreed to a condition limiting the number of events.
Deliveries will also not commence until 08.00 as detailed in the agreed conditions.
DECISION
The Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.
The Committee notes that the Applicant has applied for Core Hours and that the Premises is not in a CIZ or SCZ area. Importantly, the Committee is aware that even if a Premises Licence was not granted, any person, irrespective of whether they are members or not, could use the event space and would be able to operate by purchasing alcohol from an off licensed premises and consuming it at the premises without any controls by conditions or under the Act.
The agreed conditions give the Committee confidence that the Applicants had made concessions to ensure the operation does not adversely affect the Licensing Objectives
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)
Monday to Thursday 23.00 to 23.30
Fridays and Saturdays 23.00 to 00.00
Sale of Alcohol (Both)
Monday to Thursday 10.00 to 23.30
Fridays and Saturdays 10.00 to 00.00
Sundays 11:00 to 22.30
Films (Indoor)
Monday to Thursday 10.00 to 23.30
Fridays and Saturdays 10.00 to 00.00
Sundays 11:00 to 22.30
Opening Times
Monday to Sunday 00:00 to 00:00
2. To REFUSE permission for:
Recorded Music (Indoor)
Monday to Thursday 10.00 to 23.30
Fridays and Saturdays 10.00 to 00.00
Sundays 11:00 to 22.30
3. Relevant Mandatory Conditions to apply.
4. Conditions proposed by the applicant to from part of the operating schedule.
9. The premises shall be operated as a serviced office space only (to include drop-in/co-working shared workspace, meeting rooms, and private offices on flexible agreements, along with meeting rooms, and uses ancillary to this main use).
10. A list of the names of persons attending shall be kept on the premises at all times. The list shall be produced on demand for inspection by the police or an authorised officer of the Council.
11.
a) 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 shall 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 shall 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.
12. A staff member from the premises who is conversant with the external management company who operate 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 access to the recordings of recent CCTV images or data with the absolute minimum of delay when requested.
13. There shall be no advertising displayed on the building of the licensed facilities save for the name and nature of the business.
14. 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 a driving licence, passport or proof of age card with the PASS Hologram.
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 shall record the following:
a) all crimes reported to the venue
b) all ejections of patrons
c) any complaints received concerning crime and disorder
d) any incidents of disorder
e) all seizures of drugs or offensive weapons
f) any faults in the CCTV system, searching equipment or scanning equipment
g) any refusal of the sale of alcohol
h) any visit by a relevant authority or emergency service.
16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
17. 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.
18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
19. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
20. 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.
21. 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.
22. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
23. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall only be consumed inside 14 Bird Street, London.
24. 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 glass containers with them.
25. No regulated entertainment shall be permitted in any external area.
26. The Licence holder shall ensure a full risk assessment is completed for all pre-booked events in the event space. This risk assessment shall be available to the licensing authority and Police upon request.
27. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as offices/workspace.
28. There shall be no sales of alcohol for consumption off the premises after 23:00 hours
29. 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.
30. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
31. All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
32. 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
33. The sale of alcohol shall be restricted to the 4th and 5th floors only.
34. The use under this licence shall be ancillary to the office use of the premises and alcohol may only be sold to:
a. Office tenants - those persons with a minimum three-month contract to occupy office space at these or other Fora Spaces /Office Group premises.
b. Club Room members - those persons who pay a minimum membership of £150 per calendar month;
c. Virtual office members - those persons who pay a minimum of £30 per calendar month and who pay a minimum charge of £10 per admission to the premises;
d. Persons attending a private pre-booked event or function, a list of functions to be kept at reception for inspection by the relevant authorities;
e. Directors and employees of the licence holder and its affiliated companies;
f. Persons who have pre-booked a meeting room and paid a minimum charge of £20 per visit;
g. Any guest of the above.
35. The consumption of alcohol shall be restricted to the premises and terraces at address 14 Bird Street, as shown on the approved plans.
36. All events involving licensable activities, shall be supervised by Fora Space Limited staff members at all times.
37. 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.
38. The total capacity of persons present at events on the 4th and 5th Floor of the Premises shall not exceed 110 (excluding staff)
39. The terrace areas shall not be used during events after 22.00 hrs, except in the event of an emergency or for maintenance.
40. The number of events involving a capacity of 50 or more persons (excluding staff) shall not exceed 75 events per annum.
41. The terminal time for events which include licensable activities shall be no later than 23.00.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
26 October 2023
Supporting documents:
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Fora Space_LSC Report_Redacted, item 1.
PDF 2 MB - Restricted enclosure View the reasons why document 1./2 is restricted