Agenda item - 9 Halkin Street, SW1

9 Halkin Street, SW1

Meeting of Licensing Sub-Committee (5), Monday 30th October, 2017 10.00 am (Item 4.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Knightsbridge And Belgravia Ward / not in cumulative impact area

9 Halkin Street, SW1

New Premises Licence

17/09853/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 5

Monday 30th October 2017

Membership: Councillor Peter Freeman (Chairman), Councillor Murad Gassanly and Councillor Karen Scarborough

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Yolanda Wade

Relevant Representations: Environmental Health.

Present: Mr Thomas O’Maoileoin (Solicitor, Representing the Applicant), Mr David Balden (Club Secretary) and Mr Dave Nevitt (Environmental Health).

9 Halkin Street, London, SW1 7DR (“The Premises”) 17/09853/LIPN
1.	Regulated entertainment (Exhibition of films, Performance of live music, Performance of a Play, Indoor sporting activities, Performance of Dance, Playing of Recorded Music (Indoors)
	Monday to Sunday 07:00 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 Mr O’Maoileoin, representing the Applicant. He explained that The Caledonian Club is a private members’ club currently operating under a club premises certificate. The application was for the Premises to continue to be run as a members’ club, with the same hours (until 01:00 every day of the week) and activities. However, it would operate under a premises licence so as to permit private functions for non-members to take place at the Premises. Mr O’Maoileoin stated that there had been a number of enquiries received by the Club over the years from non-members for private functions. These were particularly for wedding functions as the Premises has a marriage licence and also for corporate functions, with a significant number being from companies who have a historical link with Scotland. He advised that the Club was similar to some other private members’ clubs which were often quiet during the summer months. It was submitted that the Applicant saw a window of opportunity during this time to hold three or four weddings during the summer period if the application was granted. Mr O’Maoileoin described the likely corporate events as being either cultural relating to Scottish heritage or arts or for events to companies based in the City. He referred to the fact that many of the banking/insurance fraternity has links to Scotland. There were membership links already with the chairman and directors in these professions and the Caledonian Club. However, the application would provide greater flexibility for the Applicant’s business model. Mr O’Maoileoin made the point that there were limited conditions on the club premises licence and the conditions being offered would bring tighter controls. The conditions offered by the Applicant included that licensable activities would only be available to members of the Caledonian Club, their bona fide guests or those attending a pre-booked private function. He said it was the intention of the Applicant to remain first and foremost a private members’ club and members’ functions would take priority over non-members’ requested functions. Any pre-booked private function would be vetted by the Committee and Club Secretary of the Committee, Mr Balden. A proposed condition had been agreed between the Applicant and Environmental Health regarding the capacity. Mr O’Maoileoin added that it was not envisaged that there would be more than one function in any of the rooms at any given time (the capacities of the eight rooms ranged from 35 to 200). Mr O’Maoileoin referred to the three proposed conditions which had been agreed with the Police. These had addressed the Police’s concerns and they had subsequently withdrawn their representation. The three proposed conditions were that patrons would not be permitted to take drinks or glass containers with them (this was a rule of the Club already), a list of members and their guests would be kept at reception for 31 days with membership involving an interval of at least 48 hours between membership and admission and the provision of SIA registered door supervisors for private pre booked events would be subject to a written risk assessment. Mr O’Maoileoin advised the Sub-Committee that Mr Nevitt and Mr Lynagh had given pre-application advice to the Sub-Committee (which had been included in the report) and they had visited the premises twice. He stated there were no residents in the immediate vicinity of the Premises. To the rear of the Club was the Belgian Embassy and to the right hand side was the Argentinian Embassy. He did not believe that there were any risks of public nuisance to residents created by the application. Mr O’Maoileoin also mentioned that the risk of nuisance was further reduced as the entrance to the Club was manned at all times. There was an acoustic lobby and a reception area which was sealed off and manned. There was CCTV coverage of the entire outside area. All events would be strictly managed. Any function held would need to be in keeping with the fact that there were bedrooms for members at the Premises and that they were not disturbed by potential nuisance. The Sub-Committee also heard from Mr O’Maoileoin that he believed the hours were similar to most private members’ clubs and for a number of other clubs who had sought a premises licence, including the RAF Club which had been granted by the Sub-Committee. In response to questions from the Sub-Committee, Mr Balden provided answers that there were just under 1300 members and that there were 39 bedrooms at the Club. Mr O’Maoileoin provided the information that there were currently no limits on guests per member at the Club. The Sub-Committee was addressed by Mr Nevitt on behalf of Environmental Health. He advised that he had maintained his representation as the hours applied for were beyond Core Hours, albeit the Club was not located in one of the Council’s designated cumulative impact areas. The capacities for the rooms had been agreed with the Applicant. Mr Nevitt was also satisfied that all matters had been covered to promote the public safety and prevention of public nuisance licensing objectives. He confirmed Mr O’Maoileoin’s comments that there were no residents in close proximity to the Club with the embassies being the closest buildings. He also informed the Sub-Committee that there was no history of complaints from residents in relation to the Premises. Mr Nevitt expressed the view that the Club was suitable for events (it was used for weddings already) and it was well managed and maintained. The Sub-Committee granted the application, subject to conditions as set out below. In reaching this decision, the Sub-Committee took into account that the Club was not located in one of the Council’s designated cumulative impact areas. The Sub-Committee noted that the Club currently operated to the same hours under the club premises certificate without any reported issues and the Sub-Committee considered that there were no reasons to believe that permitting some private pre-booked functions for non-members would result in the licensing objectives being undermined. The Applicant had agreed proposed conditions with the Police and Environmental Health. The Police had withdrawn their representation whilst Mr Nevitt for Environmental Health was satisfied that all measures had been taken to promote the public safety and prevention of public nuisance licensing objectives. The Applicant had processes and procedures in place to manage the events and there were no residents in close proximity to the Club. The conditions the Licensing Sub-Committee imposed on the Premises Licence are considered appropriate and proportionate.
2.	Late Night Refreshment (Indoors)
	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):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
3.	Sale by Retail of Alcohol (On and Off sales)
	Monday to Sunday 07:00 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.	Opening Hours
	Monday to Sunday 07:00 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).
5.	Seasonal variations / Non-standard timings
	Regulated entertainment (Exhibition of films, Performance of live music, Performance of a Play, Indoor sporting activities, Performance of Dance, Playing of Recorded Music (Indoors), Late Night Refreshment, Sale by Retail of Alcohol (On and Off) All licensable activities to be permitted 24 hours a day for residents and their bona fide guests.
	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.

Additional Conditions

9. Licensable activities shall only be available to members of the Caledonian Club, their bona fide guests or those attending a pre-booked private function.

10. 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.

11. 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.

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

13. All windows and external doors shall be kept closed after or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

14. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

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

16. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

17. 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.

18. 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.

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. 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) 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.

21. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

22. No licensable activities shall take place at the premises until the club premises certificate licence has been surrendered and is incapable of resurrection.

23. The maximum number of persons accommodated at any one time (excluding staff) in the following rooms shall not exceed:

Oval Room - 35

Members Bar - 60

Selkirk Room - 60

Stuart Room - 60

Jonny Walker Room - 200

Dining Room - 150

Morrison Room - 120

Library (including card room and Bowmore Room) - 80.

24. 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.

25. A legible list of members and their guests who have attended will be kept at reception for 31 days and shall be available for inspection by any of the relevant authorities. No person shall be admitted to membership of the premises without an interval of at least 48 hours between nomination or application for membership and admission. Members shall be able to identify their bona fide guests by name at all times.

26. The provision of SIA registered door supervisors for private pre booked events shall be subject to a written risk assessment, which shall be available for inspection by any of the relevant authorities upon request.

Supporting documents:

9 Halkin Street SW1, item 4. PDF 1 MB