Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Marylebone   * None   ** None	Forsters LLP 22 Baker Street, W1U 3BW	New Premises Licence	24/02684/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 11 July 2024

 

Membership:           Councillor Robert Eagleton (Chair), Md Shamsed Chowdhury and Councillor Louise Hyams

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Committee Officer:             Sarah Craddock

                                Policy Officer:                     Daisy Gadd

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties:          David Whitehead DSW Group on behalf of the Applicant

 

Application for a New Premises Licence in respect of Forsters LLP, 22 Baker Street, London W1U 3BW  -  24/02684/LIPN

 

FULL DECISION

 

Premises

 

Forsters LLP,

22 Baker Street,

London

W1U 3BW

 

Applicant (PLH)

 

Forsters LLP

 

Ward

 

Marylebone

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

There is a resident count of 69

 

 

 

Summary of Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”) and therefore no premises licence history exists.

 

The premises are the new London offices of an international law firm which has moved from Mayfair.

 

The premises is located at the junction of Baker Street and George Street and consists of 7 levels. A premises licence is required for fine dining, client entertaining, legal conferences, meetings, in-house events and training events.

 

These will take place in parts of the lower ground floor, 1st floor and 3rd floor.

There is no permanent bar and any requirement for alcohol must be pre-booked.

 

The general public will not be permitted access to the premises for licensable activities.

 

The Application is to Permit:

 

Sale by Retail of Alcohol (Both)

 

Monday to Saturday 12:00 to 22:00

 

Hours Premises Are Open to the Public

 

Monday to Sunday 00:01 to 24:00

 

Representations Received

 

·       Kudzy Mondhlani – Environmental Health Services (EHS) – Withdrawn 9 July

 

·       2 Objections from Interested Parties

 

Issues raised by Objectors.

 

The Environmental Health Services states that the premises would have the likely effect of causing an increase in public nuisance in the area and may impact of public safety.

 

The residents states:

 

1)    There are concerns about an outside eating/entertainment terrace on the 3^rd Floor in close proximity to residents.

2)    There is no reference to how noise will be controlled.

3)    The terrace overlooks children’s bedrooms.

4)    There has been no engagement with residents.

5)    There are concerns about taxi access.

 

 

 

Policy Considerations

 

HRS1 states:

 

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.

 

The Core Hours for Pubs/bars are:

 

Monday to Thursday: 10am to 11.30pm.

Friday and Saturday: 10am to 12am. Sunday: 9am to 10.30pm.

 

Sundays immediately prior to a bank holiday: 12pm to 12am.

 

PB1 A, C and D and para F103 applies.

 

 

SUBMISSIONS AND REASONS

 

 

1. The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the application. He confirmed that only one residential objection remains outstanding, and that objector was not in attendance.

 

2. Mr Whitehead on behalf of the Applicant confirmed to the Committee that the Applicant was located in Mayfair and had previously provided alcohol to clients and at event on a free basis. At the new Premises, they would like to option of selling alcohol on a restricted basis, subject to agreed conditions.

 

3. It was emphasised that the relevant authorities were all now satisfied with the application and consequently, there are no outstanding objections from them.

 

4. In response to questions from the Committee, Mr Whitehead confirmed the Premises required 24 hr access as this is an International law firm with international clients in different time zones and the alcohol will be stored in a kitchen store. Off sales is required to provide gifts to clients, lawyers and at conferences. He also stated that alcohol will be stored on the premises.

 

5. Mr Whitehead confirmed acceptance of the conditions and an amendment of condition 11.

 

 

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:

 

Sale by Retail of Alcohol (Both)

 

Monday to Saturday 12:00 to 22:00

 

Hours Premises Are Open to the Public

 

Monday to Sunday 00:01 to 24:00

 

2. Relevant Mandatory Conditions to apply.

 

3. To add conditions proposed to form part of the operating schedule:

 

Conditions consistent with the operating schedule

 

1. The supply of alcohol at the premises shall only be to permanent or temporary

members of staff and their bona fide guests, or as part of pre booked private events.

A register of external guests attending the event shall be kept for a

minimum period of 31 days at the premises. This shall be made available for

inspection with the absolute minimum of delay by police or an authorised officer of

the Council throughout the entire 31-day period.

 

2. The provision of licensable activities shall be ancillary to the use of the premises as offices.

 

3. All persons engaged at the premises with responsibility for the sale or supply of alcohol shall receive adequate training in their responsibilities and training records shall be retained for no less than 6 months.

 

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

 

5. CCTV system requirements including retention of recordings and viewing on request:

 

a. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

b. All entry and exit points shall be covered enabling frontal identification of every person entering in any light condition.

c. 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.

d. All recordings shall be stored for a minimum period of 31 days with date and time stamping.

e. Viewings of recordings shall be made available to Police or an authorised officer of the licensing authority as soon as practicable, no later than 48 hours.

.

 

6. 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 in accordance with GDPR/DPA as appropriate.

 

7. 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 refusal of the sale of alcohol

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

 

8. The Designated Premises Supervisor shall ensure that a written notice of authority is kept at the premises for all staff who sell alcohol on their behalf. This notice shall be made available for inspection upon request of the police or an authorised officer of the licensing authority.

 

9.The premises licence holder shall ensure catering manager and assistant catering manager successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.

 

10.The premises licence holder shall ensure that a competent person inspects licensed areas each day and takes appropriate remedial action where necessary, to ensure the safety of all persons on the premises, the absence of hazards and the integrity of fire prevention, fire detection and other safety equipment.

 

11. A risk assessment, completed by a competent person, shall be completed for events where licensable activities are taking place and this shall be kept updated, at the Premises and available for inspection by the relevant authorities on their request.

 

 

12. Alcohol sold for consumption outside of the demise of the premises licence holder shall be in sealed containers and not consumed on the premises.

 

13. At least one person shall be present at the close of functions or events to encourage people to leave the building with the minimum of noise.

 

14. All deliveries and refuse collection shall take place in the loading bay only.

 

15. 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 and any other such acceptable identification as may be advised by the Home Office, police, or the licensing authority from time to time. Ages of employees may also be confirmed by the human resources department.

 

16.There shall be no adult entertainment, services, or activities at the premises.

 

17. Notices shall be prominently displayed at the exits to Baker Street, and George Street requesting patrons to respect the needs of local residents and businesses and leave the area quietly whenever an event is to conclude after 21:00.

 

18. 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 alcohol with them.

 

19. No noise generated on the premises under the control of the Premises Licence Holder, shall emanate from the premises nor shall vibration be transmitted through the structure of that premises which gives rise to a nuisance.

 

20. There shall be no advertisement of the licensed facilities outside of the premises.

 

21. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.

 

22. There shall be no use of the terrace after 21:00

 

 

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

 

Licensing Sub-Committee

11 July 2024