Agenda item - Bar, Ground Floor, Strand Palace Hotel, 372 Strand, WC2

Bar, Ground Floor, Strand Palace Hotel, 372 Strand, WC2

Meeting of Licensing Sub-Committee (6), Thursday 13th July, 2017 10.00 am (Item 9.)

App

Ward / Cumulative impact area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / West End Cumulative Impact Area

Bar, Ground Floor, Strand Palace Hotel, 372 Strand, WC2

New Premises Licence – Licensing Act 2003

17/05624/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th July 2017

Membership: Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Aziz Toki

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Yolanda Wade

Relevant Representations: Environmental Health and Licensing Authority.

Present: Mr Stephen Walsh QC (Representing the Applicant Company), Ms Lisa Inzani (Solicitor, on behalf of the Applicant), Mr Lawrence Hartley (Director, Applicant Company), Ms Debbie Fellows (Designated Premises Supervisor), Mr Ian Watson (Environmental Health) and Mr David Sycamore (Licensing Authority).

Bar, Ground Floor, Strand Palace Hotel, 372 Strand, WC2 17/05624/LIPN
1.	Late Night Refreshment (Indoors and Outdoors)
	Monday to Saturday: 23:00 to 00:30 Sunday: 23:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee proposed that the two applications for Restaurant, Ground Floor, Strand Palace Hotel, 372 Strand (17/05581/LIPN) and Bar, Ground Floor, Strand Palace Hotel, 372 Strand (17/05624/LIPN) would be heard together. There were no objections from any of the parties who had made representations regarding this approach. The Sub-Committee when determining the two applications considered the applications separately. Mr Walsh, representing the Applicant Company, explained that Joe Allen the American restaurant had traded at 13 Exeter Street from 1979 until 2017. 13 Exeter Street was being redeveloped as a hotel and the Joe Allen operation was being moved to the Strand Palace Hotel. The areas sought to be licensed were included within the current licence for the Strand Palace Hotel (16/04629/LIPVM). In the event that the two applications for the restaurant and bar were granted by the Sub-Committee at the Strand Palace Hotel, the Hotel would de-licence the ground floor areas via a minor variation application. Mr Walsh made the additional point that his client was content for a condition to be attached to the licence that no licensable activities would take place at the premises until the minor variation application had come into effect and the Hotel premises licence had been de-licensed. Mr Walsh acknowledged that slightly longer hours for the sale of alcohol (half an hour extra Monday to Thursday, an hour extra on Sundays that did not precede Bank Holidays and half an hour extra on Sundays that did precede Bank Holidays) were being applied for in respect of the bar area that was the subject of the new application than for the bar area on the existing Strand Palace Hotel premises licence. He said that the reason for this was that whilst the Joe Allen restaurant was physically separate from the bar, the bar was complementary to the restaurant and had the same management team. The Applicant was seeking to mirror the hours of the two areas. The hours sought for the sale of alcohol for the Joe Allen restaurant were identical to those permitted for the restaurant area within the existing hotel premises licence. Mr Walsh made the point that in discussions with the Applicant the Police had recommended that the restaurant and bar operating hours should be the same in order that it was easier from an enforcement point of view. Mr Walsh believed it was necessary when considering whether the application added to cumulative impact in the West End Cumulative Impact Area to take into account the changes sought for other licensable activities from the existing hotel premises licence. Firstly, late night refreshment was permitted until 01:30 Monday to Saturday on the existing hotel premises licence. The Applicant was seeking an hour less than this on these days for the Joe Allen restaurant and bar applications. Secondly, for the playing of recorded music, the existing hotel premises licence permitted this until 01:00 during the week and the two new applications were seeking half an hour less than this during the week. The Applicant was however asking for recorded music until midnight on Sunday on the two new applications. There had been no recorded music permitted on Sundays on the existing hotel premises licence. Thirdly, Mr Walsh referred to the existing hotel premises licence permitting 24 hour a day sales of alcohol to residents and their bona fide guests. The two new licences did not contain these provisions. Mr Walsh expressed the view that as a result of the proposed reductions, it was not unreasonable to request slightly longer hours for the sale of alcohol in the bar area to match the hours of the restaurant. It was also the case that the two new applications had updated proposed conditions which were in contrast to the limited conditions on the existing hotel premises licence. For instance, the restaurant area application included the Council’s model restaurant condition MC66 which was not included on the hotel premises licence. The existing licence also did not set out any capacities. The capacity for the bar area would be 100 with minimum seating for 80 people. At the request of the Police, customers would not be able to take glasses from the bar area into the street when smoking. There was nothing which prevented this on the hotel premises licence. The Sub-Committee sought clarification from Mr Walsh on access to the Joe Allen bar. Mr Walsh replied that the restaurant could be accessed via the hotel entrance. There was also an entrance to the restaurant and bar from Burleigh Street. The Sub-Committee was addressed by Mr Watson, on behalf of Environmental Health. Mr Watson confirmed points that had been made by Mr Walsh. These included that there were a lack of meaningful conditions on the existing hotel licence, including no restaurant condition and no capacity for the ground floor. For the two new applications, it was being proposed that there would be a capacity of 150 for the restaurant and 100 in the bar with seating for 80 in the bar area. The restaurant could be accessed via the hotel entrance and that there was also an entrance to the restaurant and bar from Burleigh Street. A proposed condition for the new bar application was that customers who left the premises to smoke could not take drinks with them. Mr Watson informed Members of the Sub-Committee that there had not been any complaints from residents in relation to the operation of the hotel premises licence. He believed that this was likely to be due to the lack of residents in the area. Mr Watson also referred to the proposed reduction in hours for recorded music and late night refreshment whilst there was a proposed extension of the hours for the sale of alcohol in the bar area. The Sub-Committee asked Mr Watson whether he was of the view that the tightening of conditions for the new restaurant and bar applications in comparison with the existing hotel premises licence compensated for the proposed extension of the hours for the sale of alcohol in the bar area. Mr Watson replied that the positive aspect of the application was that it had been possible to propose some of the Council’s model conditions which related to preventing public nuisance and promoting public safety. There were no complaints in relation to the existing licence but that was to be expected as it was part of a hotel operation. Given that there were offices in the immediate vicinity, any complaints were likely to be from hotel residents and be made to the hotel staff rather than to the Council. The Sub-Committee heard from Mr Sycamore on behalf of the Licensing Authority. Mr Sycamore commented that whilst the hotel operated with a generous premises licence currently, this did not mean there was a presumption that the Sub-Committee should grant the two current applications for the restaurant and the bar. They were new applications and there was a presumption against granting an application for a new premises licence for a bar in the West End Cumulative Impact Area. Mr Wroe assisted the Sub-Committee in terms of clarifying the policy position. It was the case that these were new applications judged on their own merits. The policy was to refuse the application for a new premises licence for a bar in the West End Cumulative Impact Area unless the Sub-Committee considered that it could be granted as an exception to policy. It was the case that there had been instances in the past that Members of the Sub-Committee had taken the view the replacement of an existing premises licence with similar terms and conditions would not add to cumulative impact. He advised that what needed to be taken into account was that on one hand the application was to extend the hours for the new bar in comparison with the existing hotel licence. In itself this could not be said to be an exact replacement of the existing premises licence. However, on the other hand there were a number of improvements and restrictions proposed for the new applications by way of conditions which might be perceived as mitigating against any additional cumulative impact. This was a judgement for the Sub-Committee to make. Mr Sycamore added that the stated capacities would go some way to alleviating his concerns. However, there was an increase in the hours for the sale of alcohol in the bar which went further beyond the Core Hours. He expressed the concern that the new Joe Allen bar with its worldwide brand could attract more people to use it than the existing hotel bar. The Sub-Committee decided to grant the application for the bar as applied for, subject to conditions as set out below. The Council’s policy is to refuse applications in the Cumulative Impact Areas for barsother than applications to vary hours within the Core Hours, unless there are genuinely exceptional reasons. The Sub-Committee considered that in respect of this new application there were exceptional reasons for it to be granted. A key aspect was that there was an existing bar which was included in the hotel premises licence which would be replaced by the new Joe Allen bar. The Sub-Committee attached the condition that ‘no licensable activities shall take place at the premises until the area edged in red on the plan attached to this licence has been removed from premises licence 16/04629/LIVPM via a minor variation application at which time this condition shall be removed from the licence by the Licensing Authority’. The Sub-Committee noted that overall the proposed hours for the sale of alcohol in the bar (which the Applicant wished to mirror the operation of the restaurant) were a slight extension beyond those on the existing hotel premises licence on Monday to Thursday and Sunday nights. However, the Sub-Committee considered that the overall package of measures offered by the Applicant including the improved conditions such as the set capacity of 100 including 80 being seated and patrons not being able to take drinks outside did mitigate against any additional cumulative impact. It was important to note that there had not been any set capacity for the bar area on the hotel premises licence. Members of the Sub-Committee were satisfied that the application would promote the licensing objectives. As advised by Mr Watson, there had not been any complaints received by the Council in respect of the bar which had been operating at the premises. There was no reason to believe that there would be any subsequent issues in respect of the Joe Allen bar. The immediate vicinity of the premises was not residential in nature and the Joe Allen operators would need to ensure that hotel residents were not adversely affected. The Sub-Committee advised the Applicants that the Council is very concerned about the impact of noisy deliveries. In the event that they were minded to provide a delivery service, it was requested that they provide the deliveries via bicycle, on foot or electric vehicles.
2.	Films / Recorded Music (Indoors)
	Monday to Saturday: 09:00 to 00:30 Sunday: 09:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
3.	Sale by retail of alcohol (On and Off)
	Monday to Saturday: 10:00 to 00:00 Sunday: 10:00 to 23:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
4.	Hours premises are open to the public
	Monday to Saturday: 09:00 to 00:30 Sunday: 09:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
5.	Seasonal variations / Non-standard timings
	Late Night Refreshment (Indoors and Outdoors) Sunday immediately prior to a Bank Holiday 23:00 to 00:30 Films / Recorded Music (Indoors) Sunday immediately prior to a Bank Holiday 09:00 to 00:30 Sale by retail of alcohol (On and Off) Sunday immediately prior to a Bank Holiday 10:00 to 00:30 Hours premises are open to the public Sunday immediately prior to a Bank Holiday 09:00 to 00:30 Late Night Refreshment (Indoors and Outdoors),Films / Recorded Music (Indoors), Sale by retail of alcohol (On and Off) & Hours premises are open to the public From the end of permitted hours on New Year’s Eve to the start of the permitted hours on New Year’s Day.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).

Conditions attached to the Licence

Mandatory Conditions

1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a) a holographic mark, or

(b) an ultraviolet feature.

7. The responsible person must ensure that—

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i) beer or cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml;

(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

8(ii) For the purposes of the condition set out in paragraph 8(i) above -

(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b) "permitted price" is the price found by applying the formula -

P = D+(DxV)

Where -

(i) P is the permitted price,

(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(i) the holder of the premises licence,

(ii) the designated premises supervisor (if any) in respect of such a licence, or

(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.

Additional Conditions

10. A minimum of 80 seats shall be provided within the premises at all times.

11. 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.

12. The number of persons accommodated at any one time, (excluding staff) shall not exceed:

Bar- 100 persons.

13. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.

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

15. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

16. The entrance door shall be kept closed after 22.00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

17. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

18. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

19. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

20. 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.

21. All sales of alcohol for consumption 'Off' the premises shall be in sealed containers only, and shall not be consumed on 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 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 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 are 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. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police, which will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system

(g) any refusal of the sale of alcohol

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

25. 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.

26. 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.

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

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

29. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

30. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

31. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

32. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

33. 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.

34. No licensable activities shall take place at the premises until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the Licensing Authority.

35. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

36. No licensable activities shall take place at the premises until the area edged in red on the plan attached to this licence has been removed from premises licence 16/04629/LIVPM via a minor variation application at which time this condition shall be removed from the licence by the Licensing Authority.

Supporting documents:

Bar Ground Floor Strand Palace Hotel 372 Strand WC2, item 9. PDF 3 MB