Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	Broadcasting House 2-22 Portland Place W1B 1DJ	New Premises Licence	24/01030/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 5 June 2024

 

Membership: Councillor Aziz Toki (Chair),

Councillor Judith Southern and

Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Steve Burnett

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Karyn Abbott and Sandra Robbie

 

Others present:       Mr Jon Wallsgrove (John Gaunt & Partners) for BBC Club Sport and Leisure Limited (the Applicant)

Mr Achmet Mouchterem (DPS) for the Applicant

 

Mr Richard Brown, Licensing Advice Project (on behalf ofSharon Palazzo and Yoram Blumann.) – via Teams Link

Yoram Blumann for Fitzrovia Neighbourhood Forum.

 

 

Broadcasting House, 2-22 Portland Place, London W1B 1DJ – 24/01030/LIPN

 

FULL DECISION

 

Premises

 

BBC Media Café,

Broadcasting House,

2-22 Portland Place,

London W1B 1DJ

 

Applicant

 

BBC Club Sports and Leisure Ltd

 

Ward

 

West End

 

Special Consideration Zone

 

None

 

Cumulative Impact Zone

 

None

 

Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). BBC London, Broadcasting House is an office building where the BBC Club Media Café is on the ground floor, adjacent to the BBC W1 main entrance. It will mainly serve to its members, BBC employees, contractors, audiences, guests and visitors. The Applicant originally sought the sale of alcohol Mon to Sun 24 hrs.

 

There is a separate premises licence covering the whole building, and a further premises licence in place for the Radio Theatre, with the address Radio Accounts Department Broadcasting House, Portland Place, London, W1.

 

Temporary Event Notices have also been used.

 

There have been no adverse licensing issues.

 

Resident Count: 36

 

The Application is to Permit:

 

1.     Live and Recorded music (indoors):

 

Mondays to Saturdays 1000 to 00:00

Sundays 10:00 to 23:00

          

                     2. Sale of alcohol (Both)

 

Mondays to Thursdays 1000 to 23:30

Fridays and Saturdays 10:00 to 00:00

Sundays 12:00 to 22:30

 

                     3. Opening Times:

 

                         Mondays to Sundays 0000 to 23.59

 

Representations Received

 

·       PC Dave Morgan – Metropolitan Police Service - MPS (Withdrawn)

·       Maxwell Koduah – Environmental Health Services (EHS) (Withdrawn)

·       Marylebone Association (Withdrawn)

·       3 – Residents

·       Portland Apartments Ltd, Management Co for 89 Gt Portland Street

·       Fitzrovia West Neighbourhood Forum.

·       3 – Residents (Withdrawn)

 

 

 

 

Issues raised by Objectors

 

There are no plans or management plans. A 24 hour bar is of concern. Requests that bar is open core hours only and there are concerns about the location of the bar. No capacity or mention of smoking arrangements. No comments have been made about deliveries or the reasons for 24 hr sale of alcohol. The application is vague.

 

Concerns about a open air piazza for consuming alcohol, no management risk report and noise limiter condition.

 

Policy Considerations

 

Policy HRS 1 states:

 

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

 

C. For the purpose of Clause B above, the Core Hours for this application as defined within this policy is:

 

Pubs and bars, Fast Food and Music and Dance venues

 

Monday to Thursday: 10:00 hours to 23:30 hours

Friday and Saturday: 10:00 hours to 24:00 hours

Sunday: 12:00 hours to 22:30 hours

 

Policy PB1 states:

 

A. Applications outside the West End Cumulative Zones 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 are within the council’s Core Hours Policy HRS1.

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

4. The 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 pubs and bars premises in Clause D.

 

D. For the purposes of this policy pubs or bars 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.

 

SUBMISSIONS

 

1.     The Presenting Officer, Sandra Robbie introduced the application to the Committee.

 

2.     Mr Wallsgrove on behalf of the Applicant apologised to the Committee, authorities and interested Parties on behalf of the Applicant for the confusion caused by the original application. There was no intension to mislead anyone. However, since he has been involved, all Parties have worked together resulting in a change of hours for licensable activities to core hour, agreeing conditions with the MPS and EHS and resolving some of the issues raised by residents.

 

3.     There remains a couple of outside issues which he hopes has been addressed by his submissions by email dated 4^th June 2024,

 

4.     The Committee was informed that at the BBC previous site, at Wogan House, there was a Premises Licence for the whole building, this has been surrendered, and a Premises Licence for the Club West One area, which will also be surrendered if this application is granted.

 

5.     The new café is not open to the general public and there is a security point at the entrance.

 

6.     In response to the Committee’s questions, Mr Wallsgrove and his client Mr Mouchterem confirmed that it is unlikely that live music will affect residents and the café is located above the newsroom. There is natural barrier, and it is for this reason the EHO removed his original request for a sound limiter at the Premises. They also can currently trade under the overarching Premises Licence for the whole of the Broadcasting House on Portland Place. However, there has been no complaints or issues about noise escape.

 

7.     The Committee were also informed that a contact number for the Premises will be available on the Premises Licence and also on the website dedicated to the café. There will also always be someone available to answer the call during operational hours.

 

8.     Mr Blumann advised the Committee that the BBC do not respond or follow up complains from residents. There are two available telephone numbers which do not work well. He stated that the BBC are not concerned about issues faced by residents. It was accepted that the issues related to the whole of the BBC building and that there have been no concerns about the café area at this location and at its previous location.

 

9.     Mr Brown on behalf of Sharon Palazzo and Yoram Blumann, confirmed the conditions offered on the 4^th June by email were acceptable and he would like to see the telephone number on the Premises Licence and that it is active and will be answered.

 

10. In response to questions asked by the Legal Adviser to the Committee, Mr Wallsgrove confirmed that his client would accept the number being places on the Premises Licence, a condition requiring the existing Wogan Club, Premises Licence to be surrendered, and a capacity figure of 450 being imposed. Various amendments and deletion of the existing conditions were also agreed.

 

 

DECISION

 

Having carefully considered the Licensing Act 2003, the Guidance issued under sec 182 of the Act, Westminster’s Statement of Licensing Policy, the committee papers, additional papers and the submissions made by all of the parties orally, the Committee has decided, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: -

 

1.     To GRANT permission:

 

To Permit:

 

1.     Live and Recorded music (indoors):

 

Mondays to Saturdays 1000 to 00:00

Sundays 10:00 to 23:00

          

                     2. Sale of alcohol (Both)

 

Mondays to Thursdays 1000 to 23:30

Fridays and Saturdays 10:00 to 00:00

Sundays 12:00 to 22:30

 

                     3. Opening Times:

 

                         Mondays to Sundays 0000 to 23.59

 

2.     Relevant Mandatory Conditions to apply.

 

3.     Conditions consistent with the operating schedule and agreed as appropriate and proportionate:

 

9. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a broadcasting venue and business of the BBC.

 

10. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance

 

11. There shall be no sales of alcohol for consumption off the premises after 23.00 hours.

 

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

 

13. Non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises

 

14. A direct telephone number for the on-duty manager at the premises shall be publicly available to residents and businesses at all times the premises is open.

 

15. A Challenge 21 or 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

 

16. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take drinks with them

 

17. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day

 

18. 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

 

19. 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

 

20. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

21. The sale, supply and consumption of alcohol shall be restricted to BBC employees and their bona fide guests or pre booked visitors and ancillary to those persons attending a performance or event at the Premises.

 

22. 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 shall be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and shall include the external area immediately outside the premises entrance. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

23. 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.

 

24. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

25. A record shall be kept detailing all refused sales of alcohol. The record shall 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.

 

26. An incident log shall be kept at the premises and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and shall record the following:

 

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any visit by a relevant authority or emergency service.

 

27. This Premises Licence shall have no effect until such time as the Premises Licence for Club West One, Wogan House, 99 Great Portland Street, London W1W 7NY (currently licence number 17/02261/LIPDPS) has been surrendered.

 

28. There shall be no sale of alcohol for consumption anywhere outside of the New Broadcasting House building, 2-22 Portland Place, London W1B 1DJ.

 

Informative

Committee Members encourage the Applicant to engage with the local community to address any issues they may have.

 

This is the Full Decision reached by the Licensing Sub-Committee

This Decision takes immediate effect.

 

Licensing Sub-Committee

 

5 June 2024