Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	Argyll 1st, 2nd & 5th Floors 20 North Audley Street W1K 6WP	New Premises Licence	23/08775/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 15 February 2024

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Karen Scarborough

 

Officer Support        Legal Advisor:         Horatio Chance

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Kevin Jackaman

 

Others present:       Mr Peter Mayhew (Beyond the Blue Limited, representing the Applicant), Mr Marco De Rosa (Head of Operations, Applicant Company), Ms Zsofia Ivanics (General Manager, Applicant Company), Mr Maxwell Koduah (Environmental Health Service),Mr Richard Brown, Licensing Advice Project (on behalf ofResidents' Society of Mayfair and St. James's and 1 local resident) and 1 local resident (Residents' Society of Mayfair and St. James's).

 

 

Application for a New Premises Licence in respect of Argyll First, Second and Fifth Floors 20 North Audley Street London W1K 6WP 23/08775/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 Argyll first, second and fifth  Floors 20 North Audley Street London W1K 6WP (“The Premises”).  The Premises  operate as a high-end serviced office company. Via a concierge service, clients can order alcohol and or food to accompany corporate events such as meetings, presentations and conferences.

 

This is for the whole of the first, second and fifth floors and no licensable activities will take place on any other floors of the building. The Premises is not to open to the general public and this is no permanently open bar, clients must pre-order alcohol.

 

This is a new premises licence application and therefore no premises licence history exists. The Premises has had two temporary event notices one in 2021 and the other in 2022.

 

The applicant has provided the final proposed and agreed conditions and mediation letters to interested parties. This can be found at Appendix 2 of the agenda report.

 

The proposed and agreed conditions can also be found at Appendix 4.

 

The Premises are located within the West End Ward but do not fall within either the West End Cumulative Impact Zone or any Special Consideration Zone.  There is no policy presumption to refuse applications for a premises operating as an office space outside of the West End CIZ. 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.

 

There is a resident count of 117.

 

Representations were received from the Environmental Health Service and two local residents all citing concerns regarding public nuisance.

 

Premises

 

Argyll

First, Second and Fifth Floors

20 North Audley Street

London

W1K 6WP

 

Applicant

 

Argyll Management Limited

 

Cumulative Impact Area

 

N/A

 

Activities and Hours applied for

 

Late Night Refreshment (Indoors)

 

Monday to Sunday 23:00 to 00:00

 

Seasonal variations: None

 

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

 

Monday to Sunday 08:30 to 00:00

 

Seasonal variations: None

 

Opening Hours of the Premises

 

Monday to Sunday: 00:00 to 00:00

Seasonal variations: None

                    

Representations Received

 

• Environmental Health Service (EHS) (Maxwell Kodouh).
• Local resident.
• Local resident on behalf of Residents' Society of Mayfair and St. James's.

 

Summary of Representations

 

• The Applicant has indicated that the supply of alcohol shall be through a concierge. The premises, according to supporting information, is not accessible to the general public on a walk-in basis and that access is via an electronic key-fob system for clients and their bona-fide guests.
• The fifth floor plan submitted with the application has been identified with a terrace within the proposed licenced area and this is an area of high risk of public nuisance.
• Given that the hours sought are in excess of the council’s core hours, I make a representation on ground of public nuisance and public safety risk to the application.

• This office building is close to residential properties on three sides - on North Audley Street, North Row and Balderton Street (the rear of Clarence Buildings and other flats). Noise from open windows and from the terrace is a potential problem.
• Noise from upper floors of properties on North Row travels down that street and through gaps to the Balderton Flats courtyard, also affecting therefore the second block of Balderton Flats.
• A second source of noise problems concerns extra deliveries, waste and recycling generated events at this office building.
• Please therefore could the following conditions be included in the licence:
• No music or amplified sound on the terraces of the building.
• No music or vibration from inside the premises to be audible outside the premises between 9pm and 9am.
• No deliveries, servicing, waste and recycling collections between 8pm and 7am, other than WCC waste and recycling services.
• No movement of goods or items outside the premises between 8pm and 7am (except waste/recycling for Westminster collections).
• RSMSJ wishes to support local residential objections on grounds of public nuisance. I could not see a set of licence conditions proposed but at the very least the following issues need to be addressed :-
• Core hours. The licence should be restricted to core hours only. The argument about international clients is a red herring.
• Deliveries and collections. Restricted hours must apply.
• Terrace. We suggest that use of the terrace be terminated at 9pm
• Smokers. We suggest that smokers temporarily leaving the premises are not allowed to take drinks or glass containers with them.
• We are not opposed to the grant of the licence per se and if the above can be satisfactorily included in the final conditions of the licence we shall be minded withdrawing.

 

Policy Considerations

 

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

 

Policy HRS1

 

A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:

1. The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.

3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.

4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.

5. The proposed hours when any music, including incidental music, will be played.

6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.

7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.

8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.

9. The capacity of the premises.

10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.

11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.

12. Conditions on hours may be attached that require that the supply of

alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.

13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.

14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into

account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.

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.

 

Policy PB1

 

A. Applications outside the West End Cumulative Zone will generally

be granted subject to:

1. The application meeting the requirements of policies CD1, PS1,

PN1 and CH1.

2. The hours for licensable activities being within the council’s Core

Hours Policy HRS1.

3. The operation of any delivery services for alcohol and/or latenight

refreshment meeting the council’s Ancillary Delivery of Alcohol

and/or Late-Night Refreshment Policy DEL1.

4. The applicant has taken account of the Special Consideration

Zones policy SCZ1 if the premises are located within a designated

zone.

5. The application and operation of the venue meet the definition of

a Public House or Bar in Clause D.

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.

 

If the proposed operation of a premises does not meet all or part of

the definition within the premises use policies the Licensing

Authority will l have regard to the policy that most closely relates to

that operation. For example, if an application is for a food led

establishment providing meals for customers for consumption on the

premises that does not fit the definition of a restaurant within the

Restaurant Policy (RNT1), the licensing authority will generally look

to apply the same considerations under the Restaurant Policy when

determining that application. The Licensing Authority is aware that

the operation, styles and experience that licensed premises offer are

always evolving and in that some operations will not fit the premises

use policy definitions.

 

SUBMISSIONS AND REASONS

 

1.     The Presenting Officer, Kevin Jackaman introduced the application to the Sub-Committee.

 

2. Mr Mayhew, representing the Applicant, outlined the application.  He described the nature of the business as a high end provider of serviced office space and on occasion alcohol was part of the service provided, including for clients’ meetings or professional networking events.  He advised that there were different companies occupying the various office spaces and it was important that other businesses were not disturbed by any events held.

 

3. Mr Mayhew stated that the Applicant Company had been operating at the Premises for six years and had been delivering events, either without alcohol or providing alcohol via Temporary Event Notices (TENs).  They had twenty nine sites across London and Mr Mayhew explained that seven or eight of them had licences until Midnight.  He made the point that there had been no complaints relating to the Applicant Company and their provision of licensable activities at the premises they serviced.

 

4. Mr Mayhew confirmed that conditions had been agreed with the EHS in the event Members were minded granting the application.

 

5. Mr Mayhew expressed the view that the Applicant had addressed many of the concerns of the local resident who was not in attendance.  One outstanding issue, he advised, was the collection of waste.  The resident’s current request was that there was to be no waste collection before 08:00 hours.  Mr Mayhew explained that the waste carrier operated at the moment from 07:30 hours and that Environmental Health was content with this being conditioned.  It was the Applicant’s view that the amount of waste collected would not change in the event the application was granted.

 

6. Mr Mayhew commented that in terms of security, access was via an electronic key fob system for clients and their bona fide guests and it was necessary to be greeted in order to attend a function with alcohol at the Premises.

 

7. Mr Mayhew referred to the use of the terrace area on the fifth floor of the building at 20 North Audley Street.  He stated that the Applicant was proposing that neither licensable activities nor the consumption of alcohol would take place on the terrace after 23:00 on any day.  There would be no amplification on the terrace at any time.  Environmental Health had proposed a capacity of 20 on the terrace (excluding staff) and this had been agreed by the Applicant.  He added that there had been no complaints about the use of the terrace to date.

 

8. Mr Mayhew queried whether in fact Policy PB1 under the City Councils SLP was applicable on the basis that the proposed areas involved office spaces where alcohol was ancillary and was not open to the public rather than being a pub or a bar.

 

9. Mr Mayhew explained that whilst it was not thought that the office spaces would operate beyond 23:00 very often, flexibility was sought so that events could be held for clients at short notice until Midnight.  He stated that there was no evidence to suggest that operating until Midnight would lead to public nuisance.

 

10. Mr Mayhew was asked by the Sub-Committee to respond to the point that it was now being proposed that up to 20 people were now able to consume alcohol on the terrace which had not been the case before.  There was the potential for more noise if people were drinking.  Mr Mayhew replied that his client operated at a number of sites which all conformed to the same standards.  It was also the case that the Applicant had to prevent noise affecting workers in other office spaces in the building.  There was also not a drinking culture as there was no bar and drinks had to be pre-ordered.

 

11. It was also put to Mr Mayhew that people would also be potentially leaving the premises at Midnight, having consumed alcohol and there were residents in the area.  He responded that in terms of a risk assessment the meetings involved a relatively small number of people and they did not stay in the area after meetings.

 

12. Mr Mayhew stated in response to a question from the Sub-Committee that the ability to sell alcohol was sought because clients expected it and it was permitted at other premises.  It would be for a handful of events per year.  He believed that those consuming alcohol on the terrace would generally sit down.

 

13. Mr Mayhew was asked by the Sub-Committee why children’s parties were referred to in the application.  He replied that children would generally not be present.  There was the possibility of something like a ‘bring your child to work’ day.  Children would be accompanied.

 

14. Members were advised that a telephone number for the manager at the Premises would be publicly available at all times the premises were open.  There was a person at reception, including when events were taking place.  It was clarified that the Applicant had requested that the condition agreed with the EHS set out there were no deliveries to the Premises, in respect of licensable activities, between 23:00 and 08:00 hours on the following day because there may be deliveries such as items being couriered that did not involve licensable activities.

 

15. It was explained by the local resident on behalf of the Residents' Society of Mayfair and St. James's that North Audley Street runs in a North-South direction and the terrace is to the rear of the number 20 building.  Parallel to North Audley Street is Balderton Street where there is a significant block of flats on the west side.

 

16. The Sub-Committee heard from Mr Koduah on behalf of the EHS.  He referred to his written representation and the concern that the terrace was initially seen as an area with a high risk of public nuisance.  Mr Koduah stated that he had been content to amend the conditions for the telephone number for the manager of the Premises upon request and that the no deliveries between the Premises between 23:00 and 08:00 only related to licensable activities.  He added that the primary reason for retaining his representation was that the proposed hours were outside the Council’s Core Hours, particularly half an hour after the terminal hour Monday to Thursday.

 

17. In response to a question from the Sub-Committee, Mr Koduah advised that in order to address his concerns, he had sought that the terrace on the fifth floor was not used after 23:00 on any day and that the capacity was limited to 20 at any time, excluding staff.

 

18. Mr Brown confirmed he was representing a local resident who was not in attendance and also a local resident on behalf of Residents' Society of Mayfair and St. James's who was in attendance.  Mr Brown stated that the local resident not in attendance was a long term resident of Mayfair and had lived through the growth of commercialisation and the resultant noise.  It was being suggested that there was a consistent approach in relation to noise, particularly in terms of waste collections and deliveries and that a waste condition reflected the use of Westminster Council services which would increasingly involve electric and environmentally friendly vehicles.

 

19. Mr Brown queried whether proposed Condition 31 in the report which states that “No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20:00 hours and 07:30 hours on the following day” referred to collections of waste.  Mr Brown had concerns because there was a separate Council model condition for waste collections.  He advised that Mr Mayhew was prepared to agree a separate condition, namely; Model Condition MC43, relating to no collections of waste or recycling materials (including bottles) from the premises taking place between specific hours.  The preferred hours of the local resident were for the waste or recycling materials not to be moved between 20:00 and 08:00 hours the following day except if the Applicant was using the Council’s waste services.  This was on the basis that there would be no additional noise or disturbance because the Council already undertook collections.

 

20. Mr Brown commented that he accepted that there was a case for the Applicant to ask that the no deliveries condition between specific hours only included licensable activities due to the business needs within 20 North Audley Street.  He requested however that in addition to no deliveries on the premises, there was also no associated catering taking place between 20:00 and 08:00 hours.  The proposed hours were proposed in Condition 29 in the report.  Mr Mayhew confirmed that he had no objection to the associated catering aspect of the condition being added if the Sub-Committee felt it necessary to do so. The Applicant had agreed with Environmental Health no deliveries in respect of licensable activities between 23:00 and 08:00 hours the following day.

 

21. The local resident on behalf of the Residents' Society of Mayfair and St. James's wished to bring to the attention of the Sub-Committee that the resident numbers were quite high in the area.  It was confirmed that there was not an objection to this type of operation being granted.  However, there were concerns regarding the proposed conditions, in particular the hours of licensable activities and the use of the terrace.  It was proposed that the terminal hour for the use of the terrace was 21:00 hours as this was considered the right balance when it came to nuisance being caused in an outside space.

 

22. Mr Brown referred to the red line of the plans being drawn around the whole Premises rather than round where the alcohol station would be.  He requested that in the light of the Applicant saying that there was no bar at the Premises that this was reflected in a condition.

 

23. Mr Brown also requested that proposed Condition 24 in the report was amended for enforcement purposes with the words “in conjunction with an event (children’s parties, family events etc” be removed.  The condition would then read “Children are generally not present at the premises and the security of the building means they cannot gain access”.  However, where they are invited onto the Premises they shall be accompanied by an adult’.

 

24. The Sub-Committee asked Mr Mayhew for his view on the terrace on the fifth floor being closed at 21:00.  Mr Mayhew responded that the Applicant did not feel that the 23:00 terminal hour for the terrace was unreasonable.  He added that it was a sit down area and had a hedge for protection.  It had been used for six years without a problem and it was not perceived that there would be a public nuisance issue. 

 

25. Mr Mayhew clarified that in relation to waste collections, the Applicant Company had a contract for all twenty nine sites and the collectors arrived from 07:30 hours.  He referred to the requested condition from the local resident going further than the original representation which had originally sought a start time of 07:00 hours.

 

26. Mr Mayhew was asked about the proposed condition that there was no bar at the Premises.  He responded that it was reasonable to put up a temporary bar for an event. He agreed for the avoidance of doubt an amendment that “there shall be no fixed bar at the premises”.

 

27. Mr Aaron Hardy the Policy Advisor to the Sub-Committee clarified that the hours were outside Core Hours.  Whilst the Premises did not fall clearly within one of the use types, however the closet policy relevant to the operation of the Premises fell within Policy PB1.  Mr Mayhew responded that it was the Applicant’s position that a midnight terminal hour was reasonable and it had been permitted at some of their other premises.  He accepted the Core Hours policy but made the point that it was not a blanket policy where premises could not operate beyond that time.  Applications were considered on their own merits and he did not believe it would cause public nuisance.

 

28. Mr Horatio Chance the Legal Advisor to the Sub-Committee asked Mr Mayhew whether the Applicant would consider a compromise of the hours for the terrace not being used after 22:00.  Mr Mayhew asked that the Sub-Committee decide on a 23:00 terminal hour there.  The local resident on behalf of the Residents' Society of Mayfair and St. James's stated that he would accept the compromise time of 22:00 for the terrace area and that the Applicant had the option, if seeking longer hours than Core Hours for licensable activities, to opt for TENs given that the Applicant’s Representative had said they would only be required on a handful of occasions.

 

29. In his summing up, Mr Mayhew referred to the risk assessment his client had undertaken.  He believed his client had compromised with the various parties except in relation to the terminal hours for the terrace and the licensable activities.  He added that it was not like a pub where everyone left at the same time and it was therefore not felt that there should be a dispersal policy put in place.  There was a review process in the event there were public nuisance issues.  Mr Mayhew re-iterated that the Applicant was seeking flexibility to hold events at short notice and this would potentially be too late to apply for TENs.

 

Conclusion

 

30.The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application for a  premises outside of the West End CIZ. There was no policy presumption to refuse the application under Policy PB1 provided that the granting of it will not lead to the undermining of the licensing objectives and does not conflict with existing policies such as Policies HRS1, CD1, PS1, PN1 and CH1.

 

31.The Sub-Committee noted that the Premises operates as a high end provider of serviced office space and on occasion alcohol is to be sold as part of the service provided, including for clients’ meetings or professional networking events and a licence was required to facilitate this. The licensable area relates to the whole of the first, second and fifth floors and no licensable activities will take place on any other floors of the building. The Premises is not to open to the general public and there is no permanently fixed bar so clients must pre-order alcohol. It was noted that the Applicant had used the TEN regime to facilitate the sale of alcohol on selected events.

 

32.In deciding the application, the Sub-Committee took into account the Sub-Committee papers, the requirements of the Act, the s.182 Home Office Guidance the submissions made by all the parties, including the EHS and supplementary submissions made by the Applicant during the hearing in its determination of the matter and the promotion of the licensing objectives.

 

33. The comments advanced by Mr McCann in his submissions regarding the Premises operating as an office space were noted and the proposed condition restricting the Premises as such was welcomed.

 

34.The Sub-Committee was satisfied that the application was suitable for the local area and had listened and addressed any key concerns raised. Moreover, it was noted that the Metropolitan Police Service did not object to the application who are considered the experts on crime and disorder.

 

35.The Sub-Committee considers that the right balance has been struck here when considering the needs of the operator, local business and residents given the various undertakings given by the Applicant in his submissions to the Sub-Committee when considering the daily management of the Premises and any adverse impact this could have for residents. This was also relevant when considering the terminal hour for the outside terrace which was to be restricted until 22:00 hours as this could have the potential to cause nuisance to nearby residents given the high residential count.

 

36.The Sub-Committee concluded based on the evidence that the Applicant would help promote the licensing objectives with the offered conditions. In terms of the conditions these are all the conditions as stated at pages 34-39 of the agenda report together with the inclusion of additional conditions namely a restriction that there shall be no fixed bar at the Premises and a slight adaptation to Model Condition MC43 on collections of waste by extending the definition to include the words “associated catering”. 

 

37.The Sub-Committee concluded that the licensing objectives will be promoted in light of the ongoing commitment by the Applicant to collaborate with local residents, the measures it has in place when it came to the management of the Premises by continuing to be a competent and professional operator promoting the licensing objectives for the hours sought and therefore decided to GRANT the application for a Premises Licence.

 

38. The Sub-Committee concluded that the conditions imposed on the Premises Licence will mitigate the concerns of those parties who had objected to the application and have the desired effect of promoting the licensing objectives.

 

39.Going forward the Sub-Committee would welcome that the Applicant continues to maintain a fruitful dialogue with those who had objected to the application to ensure the smooth running of the Premises and the promotion of the licensing objectives.

Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Sub-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) Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00Sunday 23:00 to 23:30 Seasonal variations: None.

 

2.        To grant permission for the Sale by Retail of Alcohol (On and Off the Premises) Monday to Thursday: 09:00 to 23:30 Friday to Saturday: 09:00 to 00:00Sunday: 09:00 to 22:30 Seasonal variations: None

 

3.        To grant permission for the Opening Hours of the Premises Monday to Sunday: 00:00 to 00:00 Seasonal variations: None

 

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

 

5.        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:

 

6.        Appropriate induction training will be undertaken with all relevant staff who do not hold a Personal Licence to cover appropriate subjects for their role including:

a. The responsible sale of alcohol.

b. The prevention of under-age sales of alcohol, the Challenge 25 policy and in checking & authenticating accepted forms of identification.

c. The responsibility to refuse the sale of alcohol to any person who is drunk.

 

7.        The premises will maintain written reports and registers. These will be kept for a minimum of 12 months and made available to the police and any authorised officer of the licensing authority on request. Records will be maintained of the following:

a. Any complaint against the premises in respect of any of the licensing objectives

b. Any crime reported at the premises

All written reports and registers will be regularly checked by the DPS

 

8.        Access to the premises shall be restricted to clients of the Premises Licence Holder, who maintain a contract for office space at any of their serviced offices, their employees and bone-fide guests or pre-invited guest attending meetings, conferences and events. No members of the public (other than those described here) will be given access on a walk in basis.

 

9.        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.

 

10.      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.

 

11.      A Zero Tolerance Policy towards the use, possession and supply of illegal drugs will be adopted and enforced.

 

12.      Non-intoxicating beverages including drinking water shall be available in all parts of the premises when alcohol is sold or supplied on the premises.

 

13.      A fire risk assessment will be conducted and regularly reviewed. In-line with the Fire Risk Assessment:

a. An integrated fire detection and alarm system is installed, checked, regularly tested and maintained by a competent person.

b. Fire extinguishers are installed in accordance with the recommendations of the fire risk assessment.

c. Emergency lighting is installed in accordance with the recommendations of the fire risk assessment.

d. All emergency exits are marked on the premises plan.

 

14.      Adequate and suitable first aid boxes shall be maintained at the premises.

 

15.      The area immediately outside the premises will be maintained to ensure that any litter generated by the premises and/or its customers is regularly cleared.

 

16.      The external terrace on the 5th floor of the building shall not be used for Licensable Activities after 22.00 on any day, nor shall any alcohol be consumed on the terrace after 22.00 on any day.

 

17.      No amplification system or speakers shall be used on the 5th floor terrace at any time.

 

18.      No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

19.      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.

 

20.      A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

 

21.      Children are generally not present at the premises and the security of the building means they cannot gain access. However where they are invited onto the premises in conjunction with an event (children’s parties, family events etc.) they shall be accompanied by an adult.

 

22.      The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a serviced office.

 

23.      The number of persons permitted on the fifth floor terrace at any one-time (excluding staff) shall not exceed 20 persons.

 

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 alcoholic drinks in open containers with them.

 

25.      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.

 

26.      No deliveries to the premises including licensable activities shall take place between 20.00 and 08.00 hours on the following day.

 

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

 

28.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20:00 hours and 07:30 hours on the following day.

 

29.      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.

 

30.      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.

 

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

 

32.      The premises licence holder shall ensure that there is no fixed or permanent bar at the premises.

 

33.      No collections of waste or recycling materials (including bottles) from the premises shall take place and associated catering between (23:00) and (08:00) hours on the following day except for if using Westminster City Council’s collection service.

 

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

 

The Licensing Sub-Committee

15 February 2024