Agenda item
Six Senses Hotel - Whiteleys, 1 Redan Place, W2 4SA
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 22 November 2023
Membership: Councillor Iman Less (Chair) Councillor Karen Scarborough
Officer Support Legal Advisor: Horatio Chance
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Others present: Mr Craig Baylis, Mr Andrew Wong and Mr Marcus Lavell (Solicitors, Keystone Law), Mr Richard Luffingham (Applicant’s Representative and Project Manager), Mr Nick Yarnell (General Manager), Ms Alesha Bolton (Environmental Health Service), Mr Richard Brown (Solicitor, Westminster Citizens Advice) representing SEBRA and Mr John Zamit (SEBRA).
Application for a New Premises Licence in respect of Six Senses Hotel Whiteleys 1 Redan Place London W2 4SA 23/04380/LIPN
FULL DECISION
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 Six Senses Hotel Whiteleys 1 Redan Place London W2 4SA (“The Premises”). The Premises intends to operate as a five-star hotel.
The Applicant has produced a further written submission way of a supporting bundle containing witness statements, various policies and plans together with revised conditions on pages 7-76 of the additional papers.
The Premises are located within the Bayswater Ward West End Ward and the Bayswater/Queensway SCZ. There is no policy presumption to refuse applications for a hotel premises outside of the West End CIZ. However, the Applicant is required to demonstrate the requirements contained in paragraphs D49 and D50 on page 56 of the SLP (Elevated levels of noise nuisance at night, illegal waste, incidents relating to ambulance call outs at night to the locations of licensed premises for intoxication, injury related to intoxication and/or assault, serious violent crimes and robberies at night).
There is a resident count of 225.
Premises
Six Senses Hotel
Whiteleys
1 Redan Place
London
W2 4SA
Applicant
Whiteley Devco Limited
Ward
Bayswater
Cumulative Impact Zone
N/A
Special Consideration Zone
Bayswater/Queensway SCZ
Activities and Hours
Late Night Refreshment (Indoors and Outdoors)
Monday to Sunday 23:00 to 05:00
Seasonal Variations: All licensable activities shall be extended from the end of
permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime commences.
Sale by Retail of Alcohol (On and Off the Premises)
Monday to Sunday 00:00 to 00:00
Seasonal Variations: Off sales of alcohol are to cease at 23:00 daily. All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime commences.
Live Music, Recorded Music, Plays. Exhibition of Films, Performance of Dance, Anything of a similar description of music and dance (Indoors)
Monday to Sunday 00:00 to 00:00
Seasonal Variations: All licensable activities shall be extended from the end of
permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime commences.
Opening Hours Premises are Open to the Public
Monday to Sunday 00:00 to 00:00
Seasonal Variations: All licensable activities shall be extended from the end of
permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime commences.
Representations Received
· Environmental Health Service (EHS) (Sally Fabbricatore).
· Metropolitan Police Service (MPS) (PC Tom Stewart) (Withdrawn 8 September 2023).
· John Zamit Chair of South East Bayswater Resident Association (SEBRA).
· Sam Ross Bayswater Residents Association (BRA).
· Councillor Ellie Ormsby (Bayswater Ward).
Summary of Representations
· The hours requested for the Supply of Alcohol will have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.
· The hours requested to permit the provision of late-night refreshment will have the likely effect of causing an increase in Public Nuisance in the area.
· The hours requested to permit the provision of regulated entertainment will have the likely effect of causing an increase in Public Nuisance and may impact on Public Safety within the area.
· The seasonal variations may have likely effect of causing an increase in Public Nuisance in the area.
· The applicant has provided additional information with the application which is being addressed but further conditions may be proposed by Environmental Health in order to protect the Licensing Objectives.
· The granting of the 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.
· I am writing on behalf of the Commissioner of the Metropolitan Police Service (“The Police”) to make representations opposing the grant of a premises licence application for 1 Redan Place, London, W2 4SA. Following consideration of the application and how it may affect the Licensing Objectives, I wish to make the following representations: The proposed licensable activities are likely to undermine the following licensing objectives: The Prevention of Crime and Disorder
Considering the scale and proposed operation as a hotel the Police would like to meet with the applicant and their representative to discuss the application in further detail. Following a site visit and agreement of proposed conditions.
· I am writing on behalf of the South East Bayswater Residents' Association (SEBRA) to make a relevant representation strongly objecting to this application on the basis of the likely impact on the licensing objective of ‘prevention of public nuisance’.
· The premises is a major and important redevelopment of the former Whiteley’s building. The premises is situated within the Queensway/Bayswater Special Consideration Zone.
· The footprint of the premises is substantial, taking a prominent position at the north end of Queensway on the west side, with Redan Place wrapping around the northern and western sides of the building. The south side of the building is on Porchester Gardens. A gate at the Porchester Gardens end of Redan Place is closed at 10pm (to 8am daily) and restricts access to Porchester Gardens from Redan Place/Queensway after that time. There is significant residential accommodation in the vicinity of and facing the premises. There are a number of residential flats in two blocks opposite the main entrance to the hotel on Redan Place (north side) and on Redan Place to the west is a very large block of flats. There are large residential blocks on Queensway. Porchester Gardens has and block of flats and some small houses opposite the premises and the hinterland of the surrounding area is predominantly residential. We understand that there will be subsequent applications for other units of the overall development on Queensway, including three large restaurants.
· SEBRA hopes that the hotel premises will be a genuinely world-class addition to the area. We are also very keen to ensure that the correct balance is struck between the legitimate aspirations of the applicant and the legitimate needs of residents. The Six Senses hotel is expected to have approximately 100 rooms. The development as a whole will have 153 residential units (of which none are permitted to be serviced apartments). We note that by proposed condition 1, the licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a hotel. A hotel is defined in Westminster City Council’s Statement of Licensing Policy 2021 as ‘a premises that is primarily used as an establishment providing overnight accommodation for customers’.
· We understand why a hotel wants a 24 hour provision of alcohol for hotel residents – e.g. for minibars. However, we do not understand the purpose behind applying for all forms of regulated entertainment either at all (e.g. plays) and/or to these hours (e.g. live music) even if only for hotel residents, and ask for more detailed information on this. Members should be aware that Redan Place is closed to through traffic from 10pm to 8am. This impacts on dispersal from the premises, as all vehicles have to enter and exit via Queensway after 10pm. In particular, there needs to be a comprehensive plan to manage taxis/uber etc traffic dropping off and picking up from the premises. Is there any intention for hotel services to be utilised on apps such as Deliveroo before 11pm? What are the indicative capacities for the different public areas of the hotel? We are not in favour of non-standard timings on New Year’s Eve or BST.
· We are very happy to continue an ongoing dialogue with the applicant and will send this representation to them so that such dialogue can continue in a timely manner.
· I am writing on behalf of the Bayswater Residents' Association (BRA) to object to this application on the basis that it will likely create a public nuisance as it currently stands. We support the comments and proposed amendments made by our fellow amenity society SEBRA and would be prepared to withdraw our objection if they are accepted by the applicant.
· Please could it be registered that I am in support on SEBRA's objections / concerns to this application as per the above.
Policy Considerations
Policies HOT1, HRS1 and SCZ1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy HOT1
A. Applications outside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities being within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or late night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The sale by retail of alcohol, regulated entertainment and late night refreshment must be an ancillary function to the primary purpose of the venue as a hotel.
5. The applicant has taken account of the Special Consideration Zone
Policy SCZ1 if the premises are located within a designated zone.
6. The application and operation of the venue meeting the definition of a Hotel as per Clause C.
C. For the purposes of this policy a Hotel is defined as a premises that is primarily used as an establishment providing overnight
accommodation for customers.
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.
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:
4. Hotels
Monday to Thursday: 9am to 11.30pm.
Friday and Saturday: 9am to Midnight.
Sunday: 9am to 10.30pm.
Sundays immediately prior to a bank holiday: 9am to Midnight.
For the sale of alcohol to guests for consumption in
hotel/guest rooms only: Anytime up to 24 hours.
Policy SCZ1
In addition to meeting the other policies within this statement, application within a designated Special Consideration Zone should demonstrate that they have taken into account of the issues particular to the Zone, in question as identified within the 2020 Impact Assessment, and should set out any proposed mitigation measures in relation to those issues within their operating schedule.
B. For the purpose of Clause A, the designated Special Consideration Zone are:-
· West End Buffer.
· Queensway/Buffer.
· Edgware Road.
· East Covent Garden.
· Mayfair.
· Victoria.
SUBMISSIONS AND REASONS
The Presenting Officer Kevin Jackaman introduced the application to the Sub-Committee. He advised that this was anapplication for a New Premises Licence in respect of Six Senses Hotel Whiteleys 1 Redan Place London W2 4SA. The application has been brought by Whiteley Devco Limited (represented today by Craig Baylis of Keystone Law). Full details can be found at page 92 of the agenda report. Representations were received from the Environmental Health Service (Ayesha Bolton). A representation was received from the Metropolitan Police Service however following agreement of conditions, this was subsequently withdrawn on the 8 September 2023. There has also been three representations from interested parties and in attendance today are Mr John Zamit of SEBRA represented Mr Richard Brown. The Premises are located within the Bayswater Ward West End Ward and the Bayswater/Queensway SCZ.
Mr Craig Baylis Solicitor appearing on behalf of the Sub-Committee addressed the Sub-Committee. He advised that the hotel would be operated by the world renowned Six Senses brand and the total investment would be around £1.2 billion because the project was not just a hotel but also consisted of 19 retail units and 139 private residential apartments within the Whiteley site.
Mr Baylis stated that the Premises was scheduled to open Summer 2024 with a total of 109 keys (rooms) and a total guest capacity of 220. He added that a strong supporting element of the marketing was that living at the Whiteley came with an abundance of amenity which was located within the building itself.
Mr Baylis explained that lots of collaboration and discussion with the interested parties and Responsible Authorities had taken place prior to the hearing and that there was now agreement on everything except for point five of the seven points contained in the additional information circulated to all parties yesterday afternoon. He confirmed that the Applicant was in agreement with the interested parties regarding all the other points which included: vehicles accessing or egressing via Queensway between 22:00 hours and 08:00 hours, 03:00 hours would be the nonstandard timing for New Year’s Eve rather than 02:00 hours, the removal of the reference to British summer time, serving the building, a designated smoking area and serving alcohol only to the public.
Mr Baylis advised that out of the 139 private apartments the only apartments which could be sublet were 14 apartments known as Hotel Apartments. These apartments all had direct access via the common parts into the hotel’s first floor. He explained that for these specific 14 apartments the owners could request the hotel to lease the apartments out for up to 90 days a year and that during this time the hotel managed the apartment for the owner and the guests were included as actual guests of the hotel. He advised that this allowed the apartment owner to create a revenue stream from their property and effectively increased the capacity of the Hotel to a total of 254 guests up to 90 days of the year. He added that in practice it was unlikely that all the apartments would be incorporated into the Hotel at the same time. He emphasised that as guests of the hotel, the hotel management staff would check them in and out as well as manage their behaviour, resulting in there being no difference in operation or effect to the other 109 hotel rooms.
In response to questions from the Sub Committee, Mr Baylis confirmed that when the 14 apartments were sublet the guests would have the same access to all the facilities within the hotel as the other paying hotel guests. He added that the owners of the other apartments did have direct access to the hotel facilities and had to access them like other members of the public. He explained that the public would be able to access the restaurant and bar facilities like any other hotel. He offered that there was some confusion on the operation of the 14 apartments but confirmed that they were private residential apartments which had the option of being sublet back to the hotel on a temporary basis to become hotel rooms.
Mr Horatio Chance Legal Advisor to the Sub-Committee sought clarification from the Applicant in relation to the three month option to exercise and queried whether this was a mandatory requirement that will be enforced and taken up every occasion.
In answer to Mr Chance’s questions Mr Baylis confirmed that there is no requirement on any of the 14 apartment owners to give up their apartment, however, the Applicant is happy to provide a condition binding those owners to comply with the licensing conditions if an apartment is let out to hotel guests during the 90 day period so they become bound by the licensing conditions.
Mrs Ayesha Bolton appearing on behalf of the EHS addressed the Sub-Committee. She advised that representation had been made so that the EHS could remain part of the overall discussion in order to help assist the Sub-Committee in its decision making. Mrs Bolton said that she did not have any major concerns with the application and was of the opinion that the development was good for the area.
Mrs Bolton advised that Mr Ian Watson the previous case officer who has now retired from the Council’s employ gave pre-application advice to the Applicant where conditions have been agreed.
Mr Richard Brown representing SEBRA advised that it was an important application as it detailed the operation of a new flagship hotel which was part of a much wider development consisting of 19 retail outlets and 139 residential apartments. He confirmed that SEBRA was very supportive of businesses as well as protecting amenity for residents and that Mr Baylis had accurately summarised the rationale behind the points in the additional papers. There are many residents in close proximity. Opposite the main entrance of the hotel is resident accommodation. SEBRA were keen to look at deliveries and servicing due to the level of residents.
Mr Brown outlined that SEBRA was not keen on the condition allowing the 14 apartments to be sublet back to the hotel for reasons of practicality and enforceability where an area was only sometimes part of a Premises licence. He advised that there was no reference to 90 days and/or 90 days as mentioned as the maximum sublet period in any of the proposed conditions. He referred to the Planning Permission which stated that hotel accommodation should be used for hotel purposes only which meant that if the accommodation was part of the hotel it could also not be residential and if the accommodation was residential, it could not be part of the hotel.
He added that the concept of these 14 apartments were confusing as to how they worked in practice. He highlighted that SEBRA was not keen on the general concept of these 14 apartments as they would have the benefit of the hotel facilities for 20 hours a day.
Mr Baylis advised that the Applicant was content to insert the 90-day limitation into the relevant condition(s) and emphasised that the 14 apartment owners were under no compulsion or requirement to sublet their apartments back to the hotel. He added it was simply an arrangement whereby the 14 apartment owners could get themselves a little revenue stream by allowing the hotel to temporarily convert them back to hotel rooms under their complete control.
Mrs Bolton advised that from a licensing point of view the Council had a strong team of City Inspectors who made sure that Licenced Premises were complying with the conditions attached to their Premises licence.
Mr John Zamit, Chair of SEBRA addressed the Sub-Committee. He advised that the hotel and development was a welcome addition to the regeneration of the Queensway area. He outlined that it was SEBRA’s aim to improve the area for residents, visitors and businesses and he was grateful that the Applicant had been willing to negotiate with residents on what they considered would be best for the area in terms of what should and should not be included in the development.
Mr Zamit advised that in the original planning permission affordable housing was included in the plans which was a good thing for the area, however, now this had since disappeared, and the apartments were being kept by the owner to make money instead of providing homes for local people. He considered that the use of these 14 apartments was vague and there was nothing in the planning permission that referred to these 14 units being part of the hotel for 90 days each year. He emphasised that he was not really interested in the condition at all because he believed it was wrong to allow these flats to be part of the hotel at any time and that they should be residential only. He believed that this was a lost opportunity for much needed housing for local people and this part of the application should be refused.
In response to questions from the Sub Committee, Mr Baylis advised that none of the residential apartments could be let as Airbnb, and it was only the specific 14 apartments that were able to be ‘leased’ back to the hotel for a specific length of time. He confirmed that the apartments would then be subject to all the conditions attached to the Premises Licence which included a condition saying that residents of the hotel could have no more than four guest. He emphasised that once the apartment was leased back and under the control of the hotel it needed to comply with hotel’s conditions, rules and regulations.
Mr Chance discussed the wording of the agreed proposed additional conditions (if the application were granted), with all parties.
Mr Brown in his summing up agreed that Westminster City Council did have good City Inspectors however Westminster consisted of 4000 licensed Premises and with the best will in the world it was extremely difficult to inspect all Premises as a matter of routine. He advised that that no one wants a Review of the Premises Licence and rather ‘prevention was better than cure’ in terms of reference to a Review hearing.
Mr Zamit in his summing up advised that the development would enhance the Queensway area, however, the area desperately needed accommodation for residents. He was disappointed, therefore, that the affordable housing element of this application had been discarded and profit/money placed first and above the needs of the community.
Mr Baylis in his summing up emphasised that there had been collaboration and discussion with SEBRA regarding the development which the Applicant was grateful for and had integrated into the final development. He advised that the operators were serious good ones who would comply with the conditions and promote the licensing objectives.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the matter.
The Sub-Committee had regard not only to the written and oral evidence but also to the requirements of the Act, The Home Office Guidance issued under section 182 of the Act and the City Councils SLP in the main policies HRS1, HOT1 and SCZ1.
The Premises are to operate as a Hotel under Policy HOT1 and so there is no policy presumption to refuse an application of this type provided that the licensing objectives are not undermined and that the requirements under Policy SCZ1 of the SLP namely the Queensway/Bayswater SCZ have been taken into account by the Applicant.
The Sub-Committee noted and welcomed that the Applicant had listened to those who had objected to the application and had amended the proposed conditions particularly when working with SEBRA.
The Sub-Committee having carefully considered the matter and the evidence before it decided to Grant the Premises Licence with the licensable activities and hours applied for. It noted the various undertakings and commitments given by Mr Baylis on behalf of the Applicant into the daily running of the Premises and the robust management practices the Applicant was to employ as well as the many offered conditions which would have the desired effect of promoting the licensing objectives.
The Sub-Committee welcomed that the Applicant had obtained pre-application advice from the Councils EHS and had worked well with the Responsible Authorities and engaged effectively with residents in reaching agreement regarding the set of comprehensive conditions now imposed on the licence.
The Sub-Committee noted the concerns SEBRA expressed regarding the 14 apartments that could potentially be let out on a 90 day period but the Sub-Committee has quite rightly ensured that if this is the case then the necessary safeguards are in place by the Applicant requiring that any hotel paying guest are bound by the licensing conditions and accordingly this requirement has been conditioned on the licence as specified in condition 37 below.
The Sub-Committee noted the concerns of SEBRA in relation to the lack of affordable housing on the development site but this is a planning issue and does not fall within the remit of the Sub-Committee powers under the licensing regime as its primary concern is the promotion of the licensing objectives under the Act when considering the licensable activities applied for by the Applicant.
The Sub-Committee considers that the conditions it has imposed on the premises
licence regarding CCTV by way of security, the capacity of the Premises to be
determined and set by the Councils EHS, that licensable activities shall be ancillary
to the main function of the premises as a hotel, all hotel restaurants and bars are to
be closed to non-residents between Midnight and 08:00 hours, and that there is to be
a restriction of alcohol in open containers for consumption Off the Premises,
deliveries and collections of waste to the Premises within permitted hours so as to
prevent nuisance, the various works conditions applying to the basement right
through to the ninth floors requiring again that the works are to be signed off by the
Council’s EHS before any licensable activities can take place at the Premises and
the inclusion of Model Condition 41 requiring that Substantial food shall be made
available in all parts of the Premises where alcohol is sold for consumption on the
Premises to be appropriate and proportionate and will have the overall effect of
promoting the licensing objectives, in particular the prevention of public nuisance and
crime and disorder licensing objectives.
The Sub-Committee concluded that the Applicant had demonstrated that the requirements contained in paragraphs D49 and D50 on page 56 of the SLP had been met when it considered policy SCZ1 and that those matters relating to “Elevated levels of noise nuisance at night, illegal waste, incidents relating to ambulance call outs at night to the locations of licensed premises for intoxication, injury related to intoxication and/or assault, serious violent crimes and robberies at night” were sufficiently addressed in the application.
The Sub-Committee concluded based on the evidence and the agreement by the EHS that they were content with the application, together with the offer of conditions would ensure the application would not undermine the licensing objectives.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would mitigate and alleviate the residents’ concerns of the parties who had objected and were appropriate, proportionate, enforceable and would promote the licensing objectives.
The Sub-Committee wishes the Applicant every success in this venture which will no doubt boost the area’s local economy and provide local jobs given the highly significant financial investment ploughed into the development site by the Applicant.
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 Late Night Refreshment (Indoors and Outdoors) Monday to Sunday 23:00 to 05:00 Seasonal Variations/Non-standard Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day to 03:00.
2. To grant permission for the Sale by Retail of Alcohol (On and Off the Premises)Monday to Sunday 00:00 to 00:00 Seasonal Variations/Non-standard Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day to 03:00
3. To grant permission for Live Music, Recorded Music, Exhibition of Plays, Performance of Dance, Anything of a similar description of music and dance Monday to Sunday 00:00 to 00:00 Seasonal Variations/Non-standard Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day to 03:00
4. To grant permission for the Opening Hours of the Premises Monday to Sunday 00:00 to 00:00 Seasonal Variations/Non-standard Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day to 03:00
5. That the Licence is subject to any relevant mandatory conditions.
6. 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:
7. Licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a hotel.
8. The hotel’s ancillary restaurant(s) and bar(s) must be closed to members of the public as set out in Condition 20 of Planning Permission 19/02449/FULL (copy attached to this application): “The hotel's ancillary restaurant(s) and bar(s) must be closed to non-residents of the hotel between the hours of 24.00 (midnight) to 08.00 hours.”
9. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the hotel where alcohol is sold or supplied for consumption on the premises.
10. There shall be no sales of alcohol hot food or hot drink for consumption 'Off' the hotel premises after 23:00 hours save for up until 00:00 hours, sales to any serviced residences or apartments within the Whitely development.
11. There shall be no sales of alcohol in open containers for consumption ‘Off’ the hotel premises, except to persons seated at lawfully placed tables and chairs outside the boundary of the premises, or to the residences or apartments.
12. The hotel shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points of the hotel will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include
the external area immediately outside the premises entrance. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
13. A staff member from the hotel who is conversant with the operation of the CCTV system shall be on the hotel premises at all times when the hotel 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.
14. A Challenge 25 scheme shall be operated at the hotel where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, military ID card, passport or proof of age card with the PASS Hologram.
15. The requirement and number of SIA door supervisors after 21.00 hours shall be risk assessed by the premises licence holder, such risk assessment shall be kept at the hotel for a minimum of 21 days following the occasion.
16. An incident log shall be kept at the hotel, and made available on request to an authorised officer of the City Council or the Police, which will record the following:
a. all crimes reported to the venue
b. all ejections of patrons
c. any complaints received regarding crime and disorder
d. any incidents of disorder
e. any faults in the CCTV system
f. any refusal of the sale of alcohol
g. any visit by a relevant authority or emergency service
17. No noise generated on the hotel 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. The hotel’s external doors (excluding bedrooms) at shall be kept closed after 23.00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
19. A noise limiter must be fitted to the hotel’s musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be affected without prior knowledge of an authorised officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
20. A direct telephone number for the management team at the hotel 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.
21. Notices shall be prominently displayed at all hotel exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
22. The approved arrangements at the hotel, 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.
23. The means of escape provided for the hotel shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
24. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
25. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
26. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
27. During the hours of operation of the hotel, 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.
28. All waste from the hotel shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
29. No waste or recyclable materials from the hotel, including bottles, shall be moved, removed, or placed in outside areas between 20.00 hours and 07.00 Monday to Saturday (on Sundays, this shall be done only between 10.00 and 16.00 hours) in line with the Operational Waste Strategy.
30. No collections of waste or recycling materials from the hotel (including bottles) from the premises shall take place between 20.00 hours and 07.00 Monday to Saturday (on Sundays, this shall be done only between 10.00 and 16.00 hours) in line with the Operational Waste Strategy.
31. With the exception of fresh produce and papers (to be delivered only through the main entrance of the hotel), no deliveries to the hotel shall take place between 20.00 hours and 07.00 Monday to Saturday (on Sundays, this shall be done only between 10.00 and 16.00 hours).
32. All hotel glass crushing is to take place within the hotel building.
33. No licensable activities shall take at the hotel 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.
34. Before the hotel opens to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the hotel layout has changed during the course of construction new plans shall be provided to the
Environmental Health Consultation Team and the Licensing Authority.
35. After 23:30 Customers of the Hotel facilities will exit via Redan Place.
36. All Hotel Rooms and residential Apartments within the Whitely development are to be serviced by the Hotel via internal accessways only.
37. In the 14 apartments shown edged red and coloured yellow on the licence plans, said apartments will only be considered part of the licensed premises for a period of not less than 90 days in any given year that the owners of said apartments have exercised fully their option to include their apartment as part of the Hotel premises and for the avoidance of doubt those guests shall be bound in all respects by the licensing conditions imposed on Premises Licence number 23/04380/LIPN (or such other number subsequently issued for the premises. The licence holder shall keep a written record of the exercise of such options which record shall be made available on request to an authorised officer of the City Council or the Police.
38. There shall be no use of food delivery services, to customers outside from the
premises, such as Deliveroo.
39. 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 with them.
40. Between the hours of 22:00 and 07:00, patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area on the highway, defined on the Ground Floor plan of the Premises, outlined in blue, so as to not obstruct the operation of doors into/out of the premises, and any doors to neighbouring residential premises.
41. The supply of alcohol shall be by waiter or waitress service only, save for to customers seated at the Ground Floor bar, who may be served by staff working at the bar.
42. Alcohol on the ground floor (including the courtyard) shall only be consumed by patrons seated at tables, save for the lounge areas detailed on the attached plan, where alcohol shall only be consumed by seated patrons.
43. Guests of hotel residents shall be limited to 4 guests per hotel room.
44. All vehicles accessing or egressing from the premises shall do so via Queensway between 22:00 and 08:00, save for in circumstances where access or egress via Redan Place onto Queensway is not possible e.g. by roadworks.
45. 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.
46. All servicing should take place via the dedicated loading bay on Redan Place provided for that purpose, save for fresh produce and papers (to be delivered only through the main entrance of the hotel).
47. The Premises shall have policy on protecting children from child
sexual exploitation. The policy shall include training for all staff on the signs and indications of child sexual exploitation as well as the reporting of suspicious activity to the appropriate authorities.
48. Appropriate signs/posters shall be displayed in a prominent position highlighting the signs of child sexual exploitation.
49. This licence will have no effect with regard to the Basement 3 until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
50. This licence will have no effect with regard to the Basement 2 until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
51. This licence will have no effect with regard to the Basement 1 until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
52. This licence will have no effect with regard to the Basement 1M until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
53. This licence will have no effect with regard to the Ground Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
54. This licence will have no effect with regard to the First Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
55. This licence will have no effect with regard to the Second Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
56. This licence will have no effect with regard to the Third Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
57. This licence will have no effect with regard to the Fourth Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
58. This licence will have no effect with regard to the Fifth Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
59. This licence will have no effect with regard to the Sixth Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
60. This licence will have no effect with regard to the Seventh Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
61. This licence will have no effect with regard to the Eighth Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
62. This licence will have no effect with regard to the Ninth Floor until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation
Team.
63. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
22 November 2023
Supporting documents:
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1 Redan Place_Hotel Report_Redacted, item 3.
PDF 4 MB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted