Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	Boom Battle Bar 70-88 Oxford Street W1D 1BP	Premises Licence Variation	23/08838/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 14 March 2024

 

Membership:           Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Caroline Sargent

 

Officer Support        Legal Advisor:           Michael Feeney

                                Policy Officer:             Kerry Simpkin

                                Committee Officer:           Jonathan Deacon

                                Presenting Officer:            Jessica Donovan

 

Others present:       Mr Philip Kolvin KC (Counsel, representing the Applicant), Mr Marcus Lavell (Keystone Law, on behalf of the Applicant), Mr Steven Hazon (Operations Director), Mr Adrian Studd (Expert Witness, on behalf of the Applicant), Mr Kevin Jackaman (Licensing Authority) and Ms Sally Fabbricatore (Environmental Health).

 

Application for a Variation of a Premises Licence in respect of Boom Battle Bar, 70-88 Oxford Street, London, W1D 1BP

 

Full Decision

 

Case Summary 

 

This is an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The premises operates as a competitive socialising venue. The variation seeks to extend the terminal hour for all Licensable Activities, save for live music, to 02:00 on Thursdays-Saturdays and to add further conditions.

  

There is a resident count of 170.

 

Representations were received from the Licensing Authority and the Environmental Health Service on the basis that the Premises is located within the West End Cumulative Impact Zone.

 

 

Premises

 

Boom Battle Bar,

70-88 Oxford Street,

London, W1D 1BP

 

Applicant

 

BBB Thirteen Ltd

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

None

 

Ward

 

West End

 

Policy Considerations

 

Policies CIP1, HRS1 and COMB1 apply.

 

Policy CIP1

 

A.    It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises, and music and dancing and similar entertainment, other than applications to: 

1. Vary the hours within Core Hours under Policy HRS1, and/or 

2. Vary the licence to reduce the overall capacity of the premises. 

 

C.    Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact. 

 

D.    For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement. 

 

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. 

  

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 COMB1(B)

 

B.    Applications inside the West End Cumulative Impact Zone will be considered on their own merits and subject to: 

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

2.              The hours for licensable activities are within the council’s Core Hours Policy HRS1. 

3.              The operation of any delivery services for alcohol meeting the council’s Ancillary Alcohol and/or Late night Refreshment Delivery Service Policy DEL1. 

4.              The applicant having demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone. 

 

Submissions

 

1. The Presenting Officer, Ms Donovan, introduced the application.

 

2. Mr Kolvin, representing the Applicant, described his client as one of the pioneers in the United Kingdom of ‘Competitive Socialising’.   This involved for customers an evening of active leisure in a spacious, safe and supervised environment and was not alcohol led.  He added that the clientele was disproportionately female, older and relatively affluent. 

 

3. Mr Kolvin stated that 70-88 Oxford Street was the Applicant’s flagship premises.  It had been open for fifteen months with 350,000 customers having been through the doors during this time.  There had been 85% gaming reservations and alcohol was responsible for less than a third of the income. There were twenty gaming zones in the basement area.  He commented that the nature of the business was consistent with Westminster Council’s strategy for Oxford Street, to diversify land use and promote a leisure and cultural offer alongside retail.  He expressed the view that it was also in keeping with the thrust of the Council’s licensing policy, which encouraged a change of composition of the Night Time Economy and being less dominated by alcohol led premises. 

 

4. Mr Kolvin referred to specific conditions on the existing licence which prevented the premises being alcohol led.  These included the main function of the premises being a Competitive Socialising Venue and that there had to be a minimum of 15 competitive socialising areas available for public use when licensable activities are provided.

 

5. In relation to the licensing objectives, Mr Kolvin mentioned that there had been no issues raised, including cases of crime being very low.  There had been no noise complaints.  He made the point that it helped also that Oxford Street was not a particularly residential area and there were excellent public transport links.  As set out in Mr Hazon’s statement in the additional papers, intoxication was not an issue as the operations team received training to identify any problems and only permit responsible sales of alcohol.  Overall, Mr Kolvin described the premises as an excellent example of diversification set out in the Council’s policy and that it supported the wider regeneration of Oxford Street.

 

6. Mr Kolvin explained the rationale for the application to extend the terminal hour for all current licensable activities, save for the performance of live music, to 02:00 on Thursday to Saturday only.  The Applicant was finding that customers wanted to stay later at the premises towards the end of the week.  He emphasised that it was not the aim for new customers to arrive after the premises’ current terminal hours.  A proposed last entry condition was therefore being offered at the time of the current terminal hours.

 

7. The Sub-Committee was advised by Mr Kolvin that nine Temporary Event Notices (TENs) had been operated in the run up to Christmas 2023 for the hours sought in the current application.  Mr Studd, Independent Licensing Consultant, had been employed by the Applicant to conduct observations of the premises and the vicinity over two nights on Wednesday 13 December 2023 and Friday 15 December 2023 with a TEN being in operation on the 15^th until 02:00 hours.  Mr Kolvin stated that Mr Studd, in his written account of his observations, had been impressed how the product, the layout, the management and the clientele combined to promote the licensing objectives.  Mr Studd had concluded that subject to the adoption of further measures, the extended hours would not impact negatively on the licensing objectives.

 

8. Mr Studd’s suggested measures had resulted in specific conditions being proposed by the Applicant.  Mr Kolvin stated that these related to door supervision, a last entry time, regular inspections of the toilets including to avoid drug misuse, better viewing of CCTV and that the sale of alcohol would cease at 01:30 hours on Friday, Saturday and Sunday mornings.  There would be a wind down policy after 01:30 hours which was designed to allow for a gradual dispersal. 

 

9. Mr Kolvin clarified that the premises would deploy SIA door supervisors from 10:00 until 30 minutes after close of business, at a ratio of 1 door supervisor per 100 customers on Thursdays, Fridays and Saturdays.  The Applicant had also agreed Environmental Health’s proposed dispersal condition, Model Condition 99 that ‘A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council’.

 

10. Mr Kolvin mentioned that there had been no representations objecting to the application from residents or the Metropolitan Police.  The Licensing Authority and the Environmental Health Service had made representations on policy grounds.  This he suggested was an endorsement of the Applicant’s track record.

 

11. In policy terms, Mr Kolvin stated in discussions with Council officers it had been apparent that COMB1 was applicable for a Combined Use premises.  There was no presumption against the application and the application would need to be considered on its merits.  It was for the Applicant to demonstrate that the application would not add to cumulative impact.  Mr Kolvin referred to his thirteen points in his written ‘Skeleton Argument’ as to why the application did not add to cumulative impact.  These included a number of points that he had made during the hearing, including the proposed conditions offered, not being a vertical drinking establishment, no nuisance complaints, negligible crime, low level of walk-in trade and proximity to late night transport options.

 

12. In response to questions from the Sub-Committee, Mr Kolvin provided the information that the capacity of the premises was 600, including staff.  However, it was more likely to reach 400 on a Saturday night.  In relation to SIA door staff, there were currently four employed on Thursdays and Fridays and five on a Saturday.  It was being suggested that a minimum level was provided of a ratio of 1 SIA to 100 customers.

 

13. Mr Kolvin was asked by the Sub-Committee about the potential for customers being able to drink alcohol for longer if they remained on the premises until later on Thursdays to Saturdays.  It was noted that there had been an incident where a customer had struck another customer with a glass.  Mr Kolvin responded that in the event the customers remained to play the games on offer the margin for the Applicant was 100%.  In the event customers stayed on to consume alcohol the margin for the Applicant once duty, VAT etc was paid for was under 50%.  The margin was also negligible for the provision of food.  It was in the Applicant’s interest for customers to have four people around a shuttle board.  There was also an incentive not to have intoxicated customers and customers’ participation in the games such as the axe throw could be halted if it was suspected a customer was intoxicated.  Mr Kolvin added that, as stated by Mr Studd, if customers were allowed to stay it was more likely that they would go home afterwards rather than move on to a bar.  Mr Studd had observed that when leaving the premises, most had made their way to the stations and other public transport nearby while a small number crossed Oxford Street and headed into Soho. He had not seen any heading into the Fitzrovia area.

 

14. Mr Kolvin clarified that it was possible for customers to stay after completing their game.  However, it was intended that if the terminal hours were extended Thursday to Saturday more games would be booked to later hours.  Mr Hazon explained that the aim was for people to play three or games an evening.  It was estimated that 350 people could play games at one time in the premises and around 50 to 75 people could eat or drink at the same time.  Between 5% and 10% came to the premises just to have a drink.

 

15. Mr Kolvin offered a condition based on the fact that Mr Hazon had informed the Sub-Committee that the number of people permitted in the premises at any one time (including staff) would not exceed 425 persons.

 

16. Mr Hazon also stated, in response to a question from the Sub-Committee, that another reason for the application was that the extended terminal hours Thursday to Saturday would enable people to leave over a period of time.  Mr Studd commented that he had observed people leaving over a period of time.

 

17. The Applicant was also asked, in relation to 65% of customers being female, about steps being taken to protect women.  Mr Kolvin referred to the low density of people in relation to the size of the basement which made it easier for security to walk through.  If any customers were drunk it could be more easily monitored.  There were also staff champions.  The vulnerability policy had also been updated.

 

18. In relation to queuing, Mr Hazon spoke about the reception desk on the ground floor where customers were met by security staff on initial entry and meeting the operations team at the bottom of the stairs.  In order to prevent queuing, it was possible to check people in on the games.

 

19. The Sub-Committee heard from Mr Jackaman on behalf of the Licensing Authority.  He confirmed that the representation had been maintained due to location in the CIZ and the hours being sought being outside Core Hours.  Having carried out site visits and reviewing the application, it was recommended that the policy that was most appropriate for it to be considered under was COMB1.  Applications for Combined Use premises were determined on their merits, subject to the Applicant demonstrating the proposals would not add to cumulative impact.  Mr Jackaman expressed some concerns regarding the 02:00 terminal hour Thursday to Saturday, that there was a large capacity and that some customers could stay and consume alcohol.  However, he welcomed the conditions being offered by the Applicant and took the view that it was a more diverse type of premises and not drink led.

 

20. The Sub-Committee was addressed by Ms Fabbricatore on behalf of Environmental Health Service.  She had also maintained her representation based on the location of the premises and the proposed terminal hour Thursday to Saturday.  She advised that whilst the venue was in the basement, the entrance was on the ground floor and could accommodate an influx of customers.  They were greeted downstairs and there was a welcome desk where customers were signed in and shown to the gaming area.

 

21. Ms Fabbricatore was satisfied that Boom Battle Bar was a gaming venue.  It had seats accommodating eating and drinking.  It would be very difficult to have large groups of people vertical drinking given the level of seating and the gaming zones provided.  She was also content with the conditions proposed from a public safety point of view.  There was an onus on the Applicant for customers not to be inebriated given the nature of the games.  Ms Fabbricatore stated that her main consideration from a public nuisance point of view was the extension of the operation time and dispersal from the premises.   She confirmed that there had been no noise complaints relating to the premises or instances of noise breakout.  Entertainment was limited to the basement and the Applicant was not proposing to extend the hours for live music.

 

22.  Ms Fabbricatore welcomed that the Applicant had agreed the Council’s Model Condition 99 relating to providing a dispersal policy and also the last entry condition being offered at the time of the current terminal hours.

 

23. In response to questions from the Sub-Committee, Mr Kolvin offered to tighten up the existing Condition 11 on the licence and agreed the update that ‘The provision of licensable activities shall be ancillary to the main function of the premises as a Competitive Socialising Venue’.  Mr Kolvin stated that his client had found that Thursdays were sometimes significantly quieter than Fridays and Saturdays.  The Applicant was content to agree a condition setting out a ratio of one door supervisor to 100 customers.  Mr Kolvin did state there was a preference on the part of the Applicant not to be required to have a minimum of 3 SIA door supervisors on Thursdays as well as Fridays and Saturdays but it was for the Sub-Committee to decide. 

 

24. In his summing up, Mr Kolvin emphasised that the Applicant was not seeking to expand beyond the current functional capacity of 425.  The dispersal Model Condition had been agreed and the sale of alcohol would continue to be ancillary to the Competitive Socialising Venue.  The bar was not highly visible and the lobby area was capable of dealing with queues.  Available seating for up to 250 customers was important in CIZ areas, as set out in Sections B5, D17 and D19 of the Council’s Statement of Licensing Policy.

 

Reasons and Conclusion

 

25.The Sub-Committee has determined an application for variation of a Premises Licence under the Licensing Act 2003. The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. 

 

26. The Sub-Committee noted that the application was to be considered on its merits and that it was for the applicant to demonstrate that the application would not add to cumulative impact. The Sub-Committee considered overall that the nature of the premises (not being alcohol-led and diversifying the nighttime economy), the robust conditions proposed, the last entry time condition, the provision of SIA and the dispersal policy offered by the applicant would ensure that the application did not add to cumulative impact. The Sub-Committee accepted the applicant’s position that the application was designed to ensure that customers stayed for longer in the premises rather than attracting new customers later at night; the last entry time condition would ensure that this happened in practice.

 

27. The Sub-Committee also considered that as per the applicant’s evidence most customers would leave the Premises after finishing their games via the transport links on Oxford Street and would not increase cumulative impact within Soho.

 

28. The Sub-Committee also placed weight on the good track record of the applicant, and the lack of complaints from local residents.

 

29. The Sub-Committee noted that the Licensing Authority and Environmental Health Services had maintained their representations due to the location of the premises but did not suggest any further conditions or measures that would promote the licensing objectives. The Sub-Committee placed great weight on the fact that the Police had not objected to the application within the West End CIZ.

 

30. The Sub-Committee therefore decided to grant the application with the proposed conditions. However, the Sub-Committee considered it appropriate to impose the same minimum SIA conditions for Thursdays as for Fridays and Saturdays. The application sought to extend the terminal hour on Thursday to 02:00, and given that the applicant’s own evidence was that they employed four SIA on Thursdays this condition was not considered disproportionate.

 

31. Having carefully considered the committee papers, the additional papers and the submissions made by all parties, both orally and in writing, the Committee therefore decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives to grant the application as follows:

 

 

1.     To grant permission for Exhibition of films Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.  

 

2.     To grant permission for Performance of live music Monday to Thursday 10:00 to 23:30, Friday to Saturday 10:00 to 00:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.  

 

3.     To grant permission for Performance of dance Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.  

 

4.     To grant permission for Indoor Sporting Event Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.  

 

5.     To grant permission for Playing of Recorded Music Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.

 

6.     To grant permission for Anything of a similar description to Live Music, Recorded Music or Performance of Dance Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.  

 

7.     To grant permission for Performance of a Play Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour. 

 

8.     To grant permission for Late Night Refreshment Monday to Wednesday 23:00 to 23:30, Thursday to Saturday 23:00 to 02:00, Sunday N/A. 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. On the morning of BST, all hours are to be extended by 1 hour.  

 

9.     To grant permission for Sale by Retail of Alcohol (On and Off Sales) Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.  

 

10.To grant permission for the Opening Hours of the Premises Monday to Wednesday 10:00 to 23:30, Thursday to Saturday 10:00 to 02:00, Sunday 12:00 to 22:30. 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. Sundays immediately prior to a bank holiday: 10:00 to 00:00. On the morning of BST, all hours are to be extended by 1 hour.  

 

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

 

12. That condition 11 is amended to read as follows: ‘The provision of licensable activities shall be ancillary to the main function of the premises as a Competitive Socialising Venue.’

 

13. That condition 16 is amended to read as follows: ‘The number of persons permitted in the premises at any one time (including staff) shall not exceed 425 persons from 23:30-02:00 on Thursdays and from 00:00-02:00 on Fridays and Saturdays. At all other times the number of persons permitted in the premises at any one time (including staff) shall not exceed 600 persons.’

 

14. That condition 47 is removed.

 

15. That condition 50 of the current Premises Licence is amended to read as follows: ‘Within three months of starting work at the Premises, all front of house staff at the premises shall receive Welfare and Vulnerability Engagement (WAVE) training or similar by a qualified trainer, and once every 12 months thereafter. The date the training was provided and signed confirmation from the member of staff shall be recorded and made available for inspection by the Responsible Authorities upon request.’

 

16. That the Licence is subject to the following conditions imposed by the Committee in addition to the conditions on the current Premises Licence, which are considered appropriate and proportionate to promote the licensing objectives.

 

17. On Thursdays, Fridays and Saturdays, the Premises shall deploy SIA Door Supervisors from 10:00 until 30 minutes after close of business, at a ratio of 1 door supervisor per 100 customers. This ratio is to be regularly risk assessed, with additional SIA Door Supervisors being deployed if appropriate.

 

18. After 18:00 on Thursdays, Fridays and Saturdays, the Premises shall deploy a minimum of 3 SIA Door Supervisors regardless of customer attendance numbers.

 

19. There shall be no new entry to the Premises by customers after 23:30 on Thursdays and after 00:00 on Fridays and Saturdays.

 

20. By 1 July 2024, all customer toilets must meet ‘design out crime’ standard by removing flat surfaces and opportunity for drug misuse.

 

21. There must be regular inspections by staff of the customer toilets when the premises is in operation.

 

22. The Premises CCTV system is to have a remote viewing function, that will enable staff at reception, around the Premises, and in the Premise Licence Holder’s head office to be viewed. 

 

23. All bar and waitress service is to cease by 01:30 on Friday, Saturday and Sunday mornings.

 

24. The Premises is to operate a wind-down period from 01:30 on Friday, Saturday and Sunday mornings, where no new games are commenced, and music volume is to be reduced over a 30 minute period to encourage a gradual and controlled dispersal of customers.

 

25. A copy of the Premises’ dispersal policy shall be made readily available at the Premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

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

 

The Licensing Sub-Committee 

14 March 2024