Agenda item
Connaught Hotel, Carlos Place, W1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
West End Ward / not in cumulative impact area |
Connaught Hotel, Carlos Place, W1 |
Variation of a Premises Licence |
17/07945/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 21st September 2017
Membership: Councillor Angela Harvey (Chairman), Councillor Jan Prendergast and Councillor Shamim Talukder
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Daisy Gadd. Heidi Lawrance also in attendance.
Relevant Representations: Councillor Glenys Roberts (local ward councillor).
Present: Mr Mark Browning (Solicitor, Representing the Applicant) and Mr Massimiliano Binda (General Manager, Connaught Hotel).
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Connaught Hotel, Carlos Place, W1 17/07945/LIPV
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1. |
Sale by retail of alcohol (On and Off) |
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Amendments to application advised at hearing: |
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The Applicant proposed a condition that there would be no off sales prior to 10:00.
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Decision (including reasons if different from those set out in report): |
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The Applicant had applied by way of a variation of the premises licence to update the ground floor plans for the hotel following refurbishment work to the new restaurant known as Jean George @ The Connaught. The Applicant now intended to have direct access to the pavement/street at the corner of Mount Street and Carlos Place. This would allow guests to access the restaurant without passing through the hotel. Councillor Glenys Roberts had submitted a written representation expressing concerns regarding the direct access for non-hotel residents, particularly during the later hours. She had referred to the arrangement with the Connaught bar where visitors entering and leaving after midnight would be via the hotel lobby entrance only.
Mr Browning, addressing the Sub-Committee, stated that the Applicant was seeking to provide alcohol with a business breakfast between 07:00 and 10:00, including to non-hotel guests. He advised he had written to Councillor Roberts on this point. Conditions had been offered by the Applicant that there would be no off sales prior to 10:00 and that alcohol restricted to wines or champagnes may be served between 07:00 and 10:00 by waiter or waitress to non-hotel guests and the service of such alcohol will be ancillary to the supply of food.
Mr Browning was asked by the Sub-Committee about the access to the Jean George restaurant. He advised that there was a security person covering the main entrance who would also be able to monitor the new access via the pavement/street at the corner of Mount Street and Carlos Place. It was proposed that the entrance at the corner of Mount Street and Carlos Place would close at 01:00. Mr Browning also confirmed there was access from the Jean George restaurant to the lobby of the Connaught Hotel.
The Sub-Committee asked Mr Browning for his view on Councillor Roberts’ request that a similar arrangement was introduced for the corner of Mount Street and Carlos Place entrance as the Connaught bar where visitors entering and leaving after midnight would only be via the hotel lobby entrance only. Mr Browning replied that his client did not wish to see restrictions on the use of the corner of Mount Street and Carlos Place entrance. This was on the grounds that there had been a significant concession in removing the Connaught Bar entrance onto Mount Street and the door staff and other staff would be able to monitor. It would interfere with the running of the hotel. However, he did not have particular objections if the new entrance was closed at midnight as it was unlikely to be used after this time.
Mr Binda informed the Sub-Committee that there are 93 covers at the Jean George restaurant. He estimated that there would be 300 non-hotel guests and 100 hotel guests in the Jean George restaurant per day. He was of the view that it was likely that many of the hotel guests and the non-hotel guests would not seek to enter the restaurant from the corner of Mount Street and Carlos Place entrance.
The Sub-Committee queried the nature of the plans. The plans had included two Coburg bars and the blue lines had been described as ‘areas included under separate restaurant and bars premises licence’. Mr Browning believed that the plans were likely to have been out of date. He confirmed that the bar shown as the Coburg Bar adjacent to Mount Street was actually meant to be shown as the Connaught Bar and he added that he would ensure that the latest plans were submitted. He clarified there were two licences in existence for the premises and the licence currently being varied covered the whole hotel.
The Sub-Committee, in granting the application, noted that there had been no objections to on-sales of alcohol being sold at the premises between 07:00 and 10:00. The Connaught Hotel is not located in one of the Council’s designated cumulative impact areas. The Applicant had offered a condition that the sale of alcohol would be ancillary to food. The Sub-Committee amended this condition so that ‘between 07:00 and 10:00 the sale of alcohol to non-hotel guests shall only be to persons taking a table meal there for consumption as an ancillary to the meal. The consumption of alcohol shall be restricted to wines or champagnes served by a waiter or waitress’. The Applicant had also offered the proposed condition that there would be no off sales prior to 10:00. There was an existing condition on the premises licence which set out that there would be no off sales between 23:00 and 08:00. The Sub-Committee therefore extended this condition from 08:00 to 10:00.
The Sub-Committee shared Councillor Roberts’ concerns about using the entrance on the corner of Mount Street and Carlos Place at all times the Jean George Restaurant was operating (on sales of alcohol could be served to non-hotel guests until 02:30) as there would be the potential for public nuisance. Members noted that Mr Browning had formally offered at the hearing that the entrance would be closed at 01:00 and had not had any particular objections if the entrance was closed at midnight as it was unlikely to be used after this time. The Sub-Committee therefore decided that as with the Connaught bar, visitors entering and leaving after midnight would only be via the hotel lobby entrance.
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2. |
Proposed layout alterations |
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The Espellette Restaurant has been converted to suit the requirements of the new celebrity Chef Jean George, the Restaurant will be called Jean George @ The Connaught.
A new staircase has been constructed directly from the Kitchen area up to the Restaurant on the ground floor.
The dividing wall between the Restaurant and the original pantry area has been modified to allow access either side of the chimney breast and therefore extending the Restaurant.
The Restaurant also now has direct access to the pavement/street at the corner of Mount Street and Carlos Place.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the proposed layout alterations with the proviso that the entrance at the corner of Mount Street and Carlos Place would close at midnight.
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3. |
Conditions to be added |
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(i) Alcohol restricted to wines or champagnes may be served between 07:00 and 10:00 by waiter or waitress to non-hotel guests and the service of such alcohol will be ancillary to the supply of food. (ii) No off sales prior to 10:00.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee amended the conditions as follows (see reasons for decision in Section 1):
(i) ‘Between 07:00 and 10:00 the sale of alcohol to non-hotel guests shall only be to persons taking a table meal there for consumption as an ancillary to the meal. The consumption of alcohol shall be restricted to wines or champagnes served by a waiter or waitress’.
(ii) ‘There will be no Off sales between 23:00 and 10:00’. This is an amendment of condition 18 on the existing premises licence.
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Conditions attached to the Licence |
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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;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence -
(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. The permitted hours for sale of alcohol are:
(a) Monday to Saturday 07:00 to 02:30 (b) Sunday 07:00 to 00:00 (c) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00:00 midnight on 31st December).
NOTE - The above restrictions do not prohibit:
(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises; (b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel; (c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals; (d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises; (e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered; (f) the sale of alcohol to a trader or registered club for the purposes of the trade or club; (g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces; (h) the taking of alcohol from the premises by a person residing there; (i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; (j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
11. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(a) He is the child of the holder of the premises licence. (b) He resides in the premises, but is not employed there. (c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress. (d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
12. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
13. The number of persons accommodated at the tables and chairs located outside the premises shall not exceed 16 persons at any time.
14. The Supply of Alcohol to the outside area shall be by waiter or waitress only.
15. The supply of alcohol to the outside area shall cease at 21.00 hours and outside tables and chairs shall be removed or rendered unusable by 23.00 each day.
16. Waiter/Waitress service will be available throughout the Connaught Bar and Champagne Bar.
17. Off Sales of Alcohol are to be in sealed containers only and for consumption off the premises.
18. There will be no Off sales between 23:00 and 10:00.
19. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
20. Admission to the Jean George Restaurant and the Connaught Bar after midnight on Monday to Sunday shall be through the hotel lobby entrance only and all patrons departing after midnight shall exit in the same way, save for in the case of an emergency.
21. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, is swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
22. Windows in the Connaught Bar shall be closed after midnight.
23. The premises will install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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 kept available for a minimum period of 31 days with time and date stamping. Recordings shall be made available, immediately upon the request of an authorised officer or a police officer together with facilities for viewing throughout the preceding 31 day period.
24. All functions in the West Wing shall be pre-booked. Details of an event shall be made available to relevant authorities when requested.
25. Access to the West Wing shall be via the hotel lobby and all persons departing after midnight shall exit in the same way, save for in the case of emergency.
26. Substantial food and suitable beverages other than alcohol shall be available in all parts of the premises where alcohol is supplied.
27. There shall be no entry or re-entry after 01:30 except those wishing to smoke
28. The supply of alcohol in the Connaught Bar after 00:30 shall be by waiter or waitress service only to persons seated
29. All external windows and doors of the ground floor of the West Wing shall remain closed after 2300hrs, except for the immediate access or egress of persons in case of emergency.
30. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
31. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
32. There shall be no striptease or nudity, and all persons shall be decently attired at all times.
33. Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.
- dry ice and cryogenic fog - smoke machines and fog generators - pyrotechnics including fire works - firearms - lasers - explosives and highly flammable substances.
34. 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.
35. 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.
36. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
37. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
38. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime).
39. Regulated entertainment of live music, performance of dance, anything of a similar description to live music and dance, making music, dancing and entertainment of a similar description to making music and dancing is permitted only in the function rooms of the new west wing.
40. Live music is permitted in the Japanese Garden up to 21.00 hours restricted to four performers.
41. The supply of alcohol after 01.30 hours shall only be to persons attending a pre-booked function or to residents and their bona fide guests.
42. The number of persons permitted in the West Wing function rooms at any one time (excluding staff) shall not exceed Function Room 1 - 140 standing or 80 seated. Function Room 2 - 60 standing or 40 seated.
43. Between 07:00 and 10:00 the sale of alcohol to non-hotel guests shall only be to persons taking a table meal there for consumption as an ancillary to the meal. The consumption of alcohol shall be restricted to wines or champagnes served by a waiter or waitress.
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Supporting documents:
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