Agenda item - Victory House, 14 Leicester Place, WC2

Victory House, 14 Leicester Place, WC2

Meeting of Licensing Sub-Committee (6), Thursday 13th July, 2017 10.00 am (Item 10.)

App

Ward / Cumulative impact area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / West End Cumulative Impact Area

Victory House, 14 Leicester Place, WC2

New Premises Licence – Licensing Act 2003

17/05429/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: Ms Lisa Sharkey (Solicitor, representing the Applicant), Mr Jamie Poulton (Managing Director, Randall and Aubin), Mr Amit Jailty (Hotel General Manager), Mr Ian Watson (Environmental Health) and Mr David Sycamore (Licensing Authority).

Victory House, 14 Leicester Place, WC2 17/05429/LIPN
1.	Late Night Refreshment (Indoors and Outdoors)
	Monday to Sunday: 23:00 to 01:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee heard from Ms Sharkey, representing the Applicant. She referred to the premises being formally licensed up until a couple of years ago and that it had been an on licence operating until 01:00 on the ground floor, first floor and mezzanine. She stated that an area her client was seeking the terminal hour of 01:00 for was the bar and restaurant on the ground floor. The proposed footprint was slightly less in size than the ground floor area used previously as the hotel reception for Victory House was included there. Ms Sharkey also provided the information that the outside area had been used by the previous operator as well. Ms Sharkey referred to some of the proposed conditions discussed with the Responsible Authorities (the Police had withdrawn their representation). The Applicant had amended condition 10 of the proposed conditions so that the premises would now operate as a restaurant after 20:00 save for hotel residents and four bona fide guests and persons attending a pre-booked private or corporate function. The time when the premises would become a restaurant as set out in the Council’s model condition MC66 had been reduced from 21:00 in order to bring it into line with Council policy. Ms Sharkey also proposed a limit of 20 people for the pre-booked private or corporate functions. She added that she did not envisage many private or corporate functions to be booked because they would take place where the hotel/bar reception was located. They would most likely occur during the daytime. Ms Sharkey explained that condition 12 of the proposed conditions was also being amended following discussions with the Police so that a SIA licensed door supervisor would now be on duty from midday each day rather than the 20:00 previously offered. The door supervisor would be on duty until the last non-resident had left the restaurant. She made the point that there was no physical bar due to lack of space and it therefore could not be seen from the street. The style of the operation would be a French brasserie. There would be no external advertising of bar facilities. People would see customers sat down and served by waiter or waitress. There were 50 covers internally and 32 covers externally. Ms Sharkey was asked by the Sub-Committee to provide additional information on the external area. She replied that the Applicant had a ‘tables and chairs’ licence for this area. It would be laid out for breakfast initially during the day and then it would be an area until 20:00 where customers could have a drink or dine or both. After 20:00 the external area would be subject to the model restaurant condition where alcohol would be ancillary to a substantial table meal and customers would be seated and served by waiter or waitress. The Sub-Committee heard from Mr Watson on behalf of Environmental Health. He advised that all floors above the public area on the ground floor contained hotel bedrooms. He requested that the proposed condition 20 referred to a specific shaded area on the plan which indicated the internal ground floor bar and restaurant area. The maximum capacity of 50 in this area had been set on public safety grounds. He made the point that capacities were not generally set for hotel reception areas because numbers in these areas could change significantly throughout the day. Mr Watson confirmed that there had been a previous licence for the premises which had been surrendered in July 2014. Mr Wroe was asked for advice on the effectiveness of the proposed conditions. He gave the advice that the outside area was not currently included in the requirement for the premises to operate as a restaurant after 20:00. Mr Wroe drew Members’ attention to the fact that whilst the Applicant had included the external area as part of the premises in the plans, there were references in the proposed conditions to off sales being provided in this area. He recommended that a note was set out on the plans that the outside seating area was not part of the premises. Ms Sharkey responded that she was content for condition 10 to be reworded so that the external area would be subject to the model restaurant condition after 20:00. There was a discussion about the use of the outside area. Ms Sharkey explained that planning permission had been given for the external tables and chairs to be used until 01:00. This is, as confirmed by Mr Watson, because it is in a designated al-fresco area which includes central locations such as Leicester Square and the adjoining streets. The Sub-Committee was advised that shisha smoking would not take place at this location. There was also a discussion regarding access to the premises. Ms Sharkey and Mr Watson stated that there was a proposed condition that all doors and windows would be closed after 23:00. There would only be access via the hotel entrance after this time. There would be a security person outside after midday. The Sub-Committee was addressed by Mr Sycamore, on behalf of the Licensing Authority. He had agreed with the Applicant that alcohol would be ancillary to a substantial table meal after 20:00 in keeping with the Council’s policy. He had also asked for clarification on the number of private or corporate events and the Applicant had offered a maximum of 20. He stated that the Licensing Authority still had concerns about the operation of the new bar in the West End Cumulative Impact Area. It was for the Sub-Committee to consider whether the application after 20:00, when the premises operated as a restaurant, added to cumulative impact. It had been some time since the premises had been previously licensed. The Licensing Authority did not have concerns about the use of the hotel by hotel residents and their bona fide guests as the proposals were in keeping with the Council’s hotel policy. The Sub-Committee granted the application as applied for. Members considered that the application would promote the licensing objectives. Proposed conditions had been agreed between the Applicants and the Responsible Authorities to prevent public nuisance and crime and disorder, ensure public safety and protect children from harm. The Applicant had agreed to operate the ground floor and the external area as a restaurant after 20:00 and had agreed a condition that a SIA door supervisor would be outside the premises from midday until the premises closes. The Sub-Committee considered that the use of the outside area was in keeping with other premises within the designated al-fresco area which includes central locations such as Leicester Square and the adjoining streets. As was the case with the other al-fresco premises in the locality, it was unlikely that dispersal of members of the public from Victory House would impact on residents. The Sub-Committee noted that there were no representations objecting to the application from local residents. It was for the Applicant to ensure that the conditions would be complied with and that hotel residents were not adversely affected by the operation of the restaurant until 01:00.
2.	Live Music / Recorded Music / Performance of Dance (Indoors)
	Monday to Sunday: 10:00 to 01:00
	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 Sunday: 10:00 to 01:00
	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).
4.	Hours premises are open to the public
	Monday to Sunday: 00:00 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. The hours set out above in respect of those the premises are open relates to the hotel operation.
5.	Seasonal variations / Non-standard timings
	Late Night Refreshment (Indoors and Outdoors) 00:00 to 00:00 for residents and up to a maximum of 4 bona fide guests. Sale by retail of alcohol (On and Off) Off sales of alcohol to be limited to supplies to residents and guests, and to supplies to the external area shown upon the deposited plan. For residents and guests (maximum of 4), the supply of alcohol will be permissible 24 hours a day. The service of alcohol to members of the public in the ground floor bar and restaurant to be restricted to 21:00 hours each day without a substantial table meal.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Applicant had amended proposed condition 10 so that members of the public would not be able to purchase alcohol after 20:00 without it being ancillary to a substantial table meal. The Sub-Committee considered that this is in keeping with policy. Members also considered that it is in keeping with the hotel policy that late night refreshment and alcohol should be available to hotel residents and up to four bona fide guests at all times.

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.

Additional Conditions

9. Licensable activities autt1orised under this licence shall remain ancillary to the main use of the premises as a hotel.

10. Save at all times for residents and their bona fide guests (maximum of 4); and to members of the public up to 20:00 hours each day; and to persons attending a pre-booked private or corporate function (not exceeding 20 per calendar year), the area hatched green together with any external area on the ground floor shall operate as a restaurant

(i) in which customers are shown to their table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iv) which do not provide any take away service of food or drink for immediate consumption save for the external seated area shown upon the deposited plan,

(v) which do not provide any take away service of food or drink after 23.00 save for the external seated area shown upon the deposited plan; and

(vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

11. With the exception of residents and guests, no alcohol shall be consumed more than 30 minutes after the permitted terminal hour for the supply of alcohol on the ground floor.

12. At least 1 SIA licensed door supervisor shall be on duty from 12:00 hours (noon) each day and shall remain on duty until the last non-resident (excluding bona fide guests of a resident) have left the bar/restaurant. The need for additional door supervisors shall be subject to risk assessment by management.

13. There shall be no external advertising of the bar facilities within the premises nor the availability of alcohol for sale to members of the public without food.

14. 'Off sales of alcohol shall only be to persons seated in the external area appropriately authorised for the use of tables and chairs on the highway (as shown cross hatched on the plan) by waiter or waitress service, and to hotel residents.

15. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.

16. 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.

17. 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 premise is open for licensable activities. 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.

18. 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 will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(d) any incidents of disorder

(e) any faults in the CCTV system

(f) any refusal of the sale of alcohol

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

19. 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.

20. The number of persons permitted in the internal ground floor bar and restaurant area hatched green on the plan at any one time (excluding staff) shall not exceed 50 persons.

21. 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 other than to the external seated area shown upon the deposited plan.

22. 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.

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

24. All windows shall be kept closed after 23:00 hours.

25. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, hall 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. 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.

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

32. 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.

33. 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.

34. 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.

35. All outside tables and chairs shall be rendered unusable by 01:00 hours each day.

Supporting documents:

Victory House 14 Leicester Place WC2, item 10. PDF 1 MB