Agenda item
Hilton London Paddington Hotel, 146 Praed Street, W2
|
App No |
Ward/ Stress Area |
Site Name and Address |
Application |
Licensing Reference Number |
|
2. |
Hyde Park / not applicable |
Hilton London Paddington Hotel, 146 Praed Street, W2 |
New |
14/09627/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 22nd January 2015
Membership: Councillor Tim Mitchell (Chairman), Councillor Nick Evans and Councillor Peter Freeman
Legal Adviser: Kirsten Chohan
Policy Adviser: Chris Wroe
Committee Officer: Joe McBride
Relevant Representations: From Environmental Health and two resident associations Updated conditions agreed between Applicant and Richard Brown circulated before the hearing
Present: Ewen McGregor (Solicitor, representing the Applicant), Mark Roth (Applicant), Richard Brown (Representing PMWV) Stephen Smith (Environmental Health),
|
Hilton London Paddington Hotel, 146 Praed Street, London, W2 1RL |
|
|
1. |
Regulated Entertainment: Indoors |
|
|
Films Monday to Sunday 00:00 to 00:00
Live Music (All Areas except Steam Bar) Monday to Sunday 10:00 to 03:00 From permitted hours on New Year’s Eve to 03:00 on 2nd January
Live Music (Steam Bar) Sunday to Thursday 10:00 to 03:00 Friday to Saturday 10:00 to 04:00 From permitted hours on New Year’s Eve to 03:00 on 2nd January
Recorded Music Monday to Sunday 00:00 to 00:00
Performance of Dance (All Areas except Steam Bar) Monday to Sunday 10:00 to 03:00 From permitted hours on New Year’s Eve to 03:00 on 2nd January
Performance of Dance (Steam Bar) Sunday to Thursday 10:00 to 03:00 Friday to Saturday 10:00 to 04:00 From permitted hours on New Year’s Eve to 03:00 on 2nd January
|
|
|
Amendments to application advised at hearing: |
|
|
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
Granted, subject to conditions as set out below (see Section 5 for decision). |
|
2. |
Late Night Refreshment: Indoors |
|
|
Monday to Sunday 23:00 to 05:00 From permitted hours on New Year’s Eve to 05:00 on 2nd January
|
|
|
Amendments to application advised at hearing: |
|
|
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
|
|
3. |
Sale of Alcohol: On and Off the premises |
|
|
Non Residents
All Areas except Steam Bar Monday to Sunday 10:00 to 03:00 From permitted hours on New Year’s Eve to 03:00 on 2nd January
Steam Bar Sunday to Thursday 10:00 to 03:00 Friday to Saturday 10:00 to 03:30 From permitted hours on New Year’s Eve to 03:00 on 2nd January
Residents Monday to Sunday 00:00 to 00:00
|
|
|
Amendments to application advised at hearing: |
|
|
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
|
|
5. |
Opening Hours |
|
|
Monday to Sunday 00:00 to 00:00
|
|
|
Amendments to application advised at hearing: |
|
|
None.
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
Mr McGregor explained that the Applicant is requesting variation to the existing licence to provide for entry to the hotel’s Steam Bar via a side entrance on Friday and Saturday nights only. The application for a new licence is being requested as a result of 55 new bedrooms being added to the hotel and because the hotel security team believe that the proposed side entrance will make the entry and egress of persons more convenient during the Steam Bar’s busiest period of the week.
While the police had not made a representation regarding the current application the Applicant, as a responsible operator, had positive discussions with the police, represented by Mr Jim Sollars, and agreed to a number of conditions that are contained in the schedule of agreed conditions. Mr McGregor provided a list of updated conditions to the Sub-Committee with those agreed to by the police and Environmental Health highligted.
Mr McGregor was keen to point out that this application was not being made in order to increase capacity, change the style of the operation or to incorporate the basement as part of the hotel Steam Bar. The hotel has operated in the area for the past eight years without complaint and Mr McGregor contended that the new entrance to the hotel Steam Bar would not alter the way the hotel goes about its business on Friday and Saturday nights.
Members of the Sub-Committee were mindful of an adverse representation from Environmental Health on the grounds that the application would cause a Public Nuisance due to the increased visibility of the on-street entrance. Environmental Health confirmed that extensive discussions had taken place with the Applicant. Mr Smith highlighted the Council’s Licensing Policy Section 2.5.49 which would normally encourage entrance through a hotel lobby and noted that the proposed entrance would be entirely separate from the main hotel lobby. Mr Smith also raised concerns over queuing at the side entrance, advertising at such an entrance and the number of SIA door-staff at the side door.
Mr Brown also referenced Section 2.5.49 in the Council’s Licensing Policy and raised the possibility of the creation of a late night bar that could be run entirely separate from the main hotel bar. He reiterated that any decision to grant permission for a side use would constitute an exception to the current policy. Mr Brown also referenced a number of previous review applications within Westminster that resulted in increased public nuisance from the granting of a late night bar within a hotel (but with separate access away from the hotel lobby). Mr Brown felt that entrance through the main hotel lobby offers added protection against public nuisance and explained that this is why he has asked for various conditions, including the adoption of core hours and increased SIA provision, to be attached to the licence should the Sub-Committee be minded to grant the application.
Mr Zamit stated that if the application was granted it would fundamentally change the operation of the hotel bar in what he claimed was a residential area. Mr Zamit felt that the previous operation of a late night bar in this area was mitigated by the fact that entrance was restricted to the hotel lobby with the controls that this offered such as the presence of the concierge service. Mr Zamit explained that while he was totally against the current application, if the Sub-Committee were minded to grant it he requested that after core hours patrons be required to leave through the main hotel lobby. Mr Zamit was also concerned that the Steam Bar could also be run by a different operator entirely in the future with the introduction of this new entrance.
Mr McGregor, responding to points made by Mr Brown and Mr Zamit, stressed that the basement was not part of this application and that SIA security staff would be present at all times that the side entrance was being used on Friday and Saturday nights. Mr McGregor also emphasised that the nature of the operation at the Steam Bar has been consistent over the last eight years and it would continue to operate in the same manner going forward with the only difference being that patrons could now use the side entrance if the application was granted. This consistency of operation would also apply to the ownership of the Steam Bar as the Applicant has no intention of allowing it to be run by a different operator as part of this application or in the future.
The application was granted subject to conditions that restricted the use of the new entrance to after 21:00 on Friday and Saturday only and that the provision of licensable activity in the Steam Bar shall be ancillary to the use of the premises as a hotel. The Sub-Committee confirmed that the basement did not form any part of this application.
|
|
Conditions attached to the Licence |
||||||||||||
|
Mandatory Conditions
1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.
2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.
3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either— (a) a holographic mark, or (b) an ultraviolet feature.
7. The responsible person must ensure that— (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures— (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
8(ii) For the purposes of the condition set out in paragraph 8(i) above -
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) "permitted price" is the price found by applying the formula -
P = D+(DxV)
Where -
(i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax. (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority
Proposed conditions from Environmental Health and agreed by applicant:
EH consolidated conditions :
11. Subject to Condition (15) below, all door staff engaged at Steam Bar whether inside the bar or outside shall wear fluorescent arm bands displaying their SIA badges.
12. On Friday and Saturday nights a minimum of 4 SIA licensed door supervisors shall be on duty at the Steam Bar from 2100 to close of business
13. On Friday and Saturday nights the Steam Bar must employ 1 female SIA door woman from 2100 to close of business.
14. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:
(a) The Police (and where appropriate, the London Ambulance Service) are called without delay; (b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police; (c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and (d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
15. From the end of licensable activities up until 30 minutes after the end of licensable activities in the Steam Bar on a Friday and Saturday night, the door staff employed outside the premises shall wear high vis jackets to ensure safe and crime free dispersal of customers from the premises
16. 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 is open for licensable activities and during all times when customers remain on the premises. 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.
17. 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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
18. A Challenge 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.
19. The number of persons accommodated at any one time (excluding staff) shall not exceed the following:
a) Ground Floor Steam Bar: 180 (Sunday to Thursday) Steam Bar: 230 (Friday to Saturday) Restaurant: 150 Executive Lounge: 100 Maclver Function Room: 40 Thunderbolt Function Room: 50 Maine Function Room: 20 Tangley Function Room: 20 Talisman Function Room: 20
b) First Floor Hobart Function Room: 20 Campanula Function Room: 25 Hurricane Function Room: 15 Kingfisher Function Room: 25 Redstar Function Room: 40 Comet Function Room: 20 Hotspur Function Room: 10 King George Function Room: 25 Great Western 1 and Great Western 2 Function Rooms: 400
c) Second Floor Somerset Function Room: 12
d) Fourth Floor Cornwall Function Room: 20
e) Fifth Floor Arlington Function Room: 20
20. Substantial food will be available throughout the permitted hours.
21. The supply of alcohol and provision of regulated entertainment in the Function and Meeting Rooms shall be restricted to pre-booked functions only.
22. The supply of alcohol in the Restaurant after 23:00 hours until 03:00 hours shall be ancillary to table meals or to persons who are:
(i) Residents of the hotel (ii) Guests of residents of the hotel (iii) Persons attending a pre-booked function at the hotel (iv) Bona fide guests of the proprietor (v) Artistes or persons employed at the premises.
23. The supply of Alcohol in the Steam Bar after 23:00 hours shall be ancillary to music and/ or dancing and substantial refreshment.
24. For any persons admitted to the Steam Bar after 23:00 hours, the supply of alcohol shall only take place if they fall into one of the following categories, namely:
a) persons who have paid a minimum admission fee of £5 Sunday to Thursday and £7 Friday and Saturday, such sum not to be credited against consumables, or b) persons attending a pre-booked private function at the premises, or c) artistes or persons employed at the premises, or d) bona fide guests of the proprietor, or e) persons who are taking or have taken a table meal within the hotel, or f) persons residing at the hotel and their bona fide guests.
25. With the exception of residents and their bona fide guests, all alcohol must be consumed within 30 minutes after the end of permitted hours.
26. Persons under 16 shall not be permitted in the bar areas unless accompanied by an adult.
27. With the exception within hotel bedrooms there shall be no striptease, no nudity and all persons shall be decently attired at all times in all parts of the premises.
37. The provision of Regulated entertainment shall be ancillary to the main use of the premises as a hotel.
38. Food and non-alcoholic drinks including drinking water shall be available in all parts of the premises where alcohol is available.
39. On Sunday to Thursdays if there is a pre-booked party of 100 persons or more at the Steam Bar then an SIA registered door supervisor shall be present at the hotel lobby entrance to the Steam Bar from 21:00 until all patrons have left the said Steam Bar.
40. In relation to licensable activities or the provision of facilities to enable licensable activities to take place no noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
41. Entrance to the Executive Lounge shall be restricted to those guests who are residing in an Executive room at the premises, or to those people who pay an entry fee.
42. The Executive Lounge shall be supervised at all times by a dedicated member of staff.
43. All 'off' sales are to be in sealed containers and for consumption off the premises.
44. To permit Regulated Entertainment consisting of Live Music, Performance of Dance, Anything of a similar description to Live Music, Recorded Music or Performance of Dance, on New Year's Eve from 10:00 hours until 03.00 on 2 January.
45. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
46. 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, which will record the Following.
(a) all crimes reported to the venue (b) any complaints received regarding crime and disorder (c) any incidents of disorder (d) any faults in the CCTV system (e) any refusal of the sale of alcohol (f) any visit by a relevant authority or emergency service.
47. There shall be no admittance after 02:30 hours to the Steam Bar.
48. There shall be no re-admittance after 02:30 hours to the Steam Bar except for those wishing to smoke.
49. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
50. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
51. No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the Steam Bar, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.
52. The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.
53.
Any special effects or
mechanical installations shall be arranged and stored so as to
minimise any risk to the safety of those using the
premises. The following special effects
will only be used on 10 days prior notice being given to the
Licensing Authority where consent has not previously been
given.
54. There shall be no off sales of alcohol in the Steam Bar
55.
Save for Friday and
Saturday after 2100 access to the ground floor Steam Bar
56.
The provision of
licensable activity in the Steam Bar shall be ancillary to the
use
57.
Patrons
temporarily leaving and then re-entering the premises, e.g. to
smoke,
58.
Patrons permitted to temporarily leave and then re-enter the
premises e.g. to
|
Supporting documents:
PDF 7 MB