Agenda item
Basement to Third Floor, 11 Rathbone Place, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
West End Ward / West End Cumulative Impact Area |
Basement to Third Floor, 11 Rathbone Place, W1 |
New Premises Licence |
17/12029/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 21st December 2017
Membership: Councillor Peter Freeman (Chairman), Councillor Murad Gassanly and Councillor Rita Begum.
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Toby Howes
Presenting Officer: Yolanda Wade
Relevant Representations: Environmental Health and the Licensing Authority
Present: Jack Spiegler (Solicitor representing the Applicant Company), Debbie Wosskow OBE (Founder, Applicant Company), Aret Kapetanovic (Premises General Manager, Applicant Company), Sally Fabbricatore (Environmental Health) and Shannon Pring (Licensing Authority).
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Basement to Third Floor, 11 Rathbone Place, W1 17/12029/LIPN
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1. |
Late Night Refreshment: Indoors |
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Monday to Thursday: 23:00 to 23:30 Friday and Saturday: 23:00 to 00:00
Seasonal variations/Non-standard timings:
From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day
00:00 for licensable activities on Sundays immediately before Bank Holiday Mondays
00:00 for licensable activities on International Women's Day (8th March)
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
This was a new application for a premises licence within the Cumulative Impact Area in respect of premises, which, according to the application, would operate as an all-female office space and private members club.
Jack Spiegler (Solicitor representing the Applicant Company) introduced the application and drew the Sub-Committee’s attention to the proposals as set out on pages 8 and 9 in the report.
Debbie Wosskow OBE (Founder, Applicant Company) then expanded upon the proposals and confirmed that she was a co-founder of the AllBright Collective, the Applicant Company and that she was an entrepreneur in the area of digital space. The Applicant Company acted as a networking group for professional women and in particular to help women in leadership roles and entrepreneurship. Ms Wosskow explained that the intention of the application was for the premises to provide a workspace and to host events to inspire women in work and to provide opportunities for networking. It was also intended that the premises would provide networking space and the opportunity for women to collaborate and work together to become leaders. The events would help women in starting up businesses and female business leaders would be invited to help inspire other women. Ms Wosskow added that the premises main use was work based and providing an environment for women to build on networking.
Mr Spiegler then addressed the Sub-Committtee again and stated that the application was within core hours and no regulated entertainment had been applied for. There were a number of conditions proposed and the Police had withdrawn their representation, whilst there had been no representations from residents. Mr Spiegler advised that as it was not known exactly how the basement of the premises was used, a works condition may be appropriate. He referred to the proposed conditions 9 to 13 in the report which he remarked were tightly conditioned. This meant that it would not be feasible for members of the public to come into the premises for the sole purpose of consuming alcohol. Mr Spiegler suggested that the premises could be considered as a private members club. He referred to paragraph 2.4.9 of the City Council’s Statement of Licensing Policy which recognised that there was little association with crime, disorder and public nuisance for members’ clubs and to paragraph 2.4.3 of the Policy concerning cumulative impact which he felt the proposals would not add to.
Shannon Pring (Licensing Authority) then addressed the Sub-Committee and stated that further information needed to be provided from the Applicant Company as to how the membership would be managed and also on how many private functions would be held and in what part of the premises. Ms Pring referred to paragraphs 2.4.11 and 2.4.12 of Policy concerning membership and stated that these needed to be taken into consideration in determining the application. Ms Pring emphasised the importance of considering whether the membership controls were sufficient, particularly as the premises was located in a cumulative impact area.
In response to Ms Pring’s submission, Mr Spiegler stated that in respect of clubs, Policy aimed to address issues where the main use of the club was to provide alcohol and to remain open late into the night. He contended that as Applicant Company’s premises would be work led and operate within core hours, this would not apply. He added that events would occur infrequently.
AretKapetanovic (Premises General Manager, Applicant Company) advised that the premises had a capacity of 170 persons. The premises would be tightly regulated and people would be clocked in as they arrived. Security would be provided at events and consumption of alcohol would be regulated to 2 to 3 drinks per person. Ms Kapetanovic stated that membership of the AllBright Club currently stood at around 200 people and it was hoped that this would be expanded to 400 people upon the premises opening, with an ultimate goal of 1,300 members. She informed the Sub-Committee that the club’s joining fee was £250, in addition to an annual £600 fee that would rise to £800 when the premises opened.
Ms Wosskow added that there was a lot of interest in joining the club and that efforts were being made to have a more diverse membership.
Sally Fabbricatore (Environmental Health) then addressed the Sub-Committee and advised that the Applicant Company had sought pre-application advice. A works condition had been suggested in view that it was not yet know precisely how the basement would be used and further consideration needed to be given on the means of escape from the basement. Ms Fabbricatore advised that the overall capacity of the premises was 170, although the capacity of the basement was still in question.
The Sub-Committee sought the views of the Licensing Authority and Environmental Health as to whether the proposed conditions addressed their concerns. Members sought further details from the Applicant Company about the number of events to be held and what type of food would be available at the premises.
Ms Pring felt that the conditions and the proposed hours of operation, which were within core hours, would limit the potential for public nuisance. Ms Fabbricatore concurred with this view.
Mr Spiegler stated that it was difficult at this stage to give a precise number of events and a balance needed to be struck with the premises’ main use as a workspace. He suggested that may be 1 event a week, although the frequency of events may increase around International Women’s Day on 8 March.
Ms Kapetanovic advised that the Applicant Company was working with female providers in respect of food and that there would both be a bar and a café. The type of food on offer may include sharing platters.
Barry Panto (Legal Adviser) asked if the Applicant Company would agree to conditions being added stating that premises is not to be used as a drinks led establishment and that a copy of the most recent club membership rules should be kept on the premises and be available to the Police or an authorised officer of the Council on demand. Chris Wroe (Policy Adviser) added that the opening hours went slightly beyond core hours Monday to Sunday.
On behalf of the Applicant Company, Mr Spiegler confirmed that they would be satisfied in having conditions added in respect of the premises not to be used as a drinks-led establishment and in making a copy of the most recent club membership available on the premises and to be available to the Police or an authorised officer of the City Council on demand. In respect of opening hours, Mr Spiegler stated that normal office use would be taking place at times beyond core hours.
The Sub-Committee granted the application, subject to additional conditions, including that the premises is not to be used as a drinks led establishment and that a copy of the most recent club membership rules should be kept on the premises and be made available to the Police or an authorised officer of the Council on demand. A condition was also added stating that consumption of alcohol shall cease at 23:30 Monday to Thursday, 00:00 Friday and Saturday and 22:30 Sunday in order to ensure this specific activity was within core hours.
In determining the application, the Sub-Committee considered that although the premises was in a cumulative impact area, given the nature of the premises as primarily a workspace and that licensable activities were limited to core hours, the application was unlikely to add to cumulative impact. On the basis that the premises could not be sued as a drinks led establishment, it was accepted that it was not an application where there was a policy to refuse, albeit that individuals could consume alcohol without that being ancillary to any kind of food provision. The Sub-Committee also considered that the conditions to be added to the premises licence would help the Applicant Company to uphold the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm).
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2. |
Sale by retail of alcohol: On and Off Sales |
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Seasonal variations/Non-standard timings:
From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day
00:00 for licensable activities on Sundays immediately before Bank Holiday Mondays
00:00 for licensable activities on International Women's Day (8th March)
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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):
Granted, subject to conditions as set out below (see reasons for decision in Section 1). |
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3. |
Hours premises are open to the public |
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Seasonal variations/Non-standard timings:
From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day
00:00 for licensable activities on Sundays immediately before Bank Holiday Mondays
00:00 for licensable activities on International Women's Day
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Amendments to application advised at hearing: |
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At the hearing, it was noted that Seasonal variations/Non-standard timings should read as follows:
From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day
00:00 for licensable activities and opening hours on Sundays immediately before Bank Holiday Mondays
00:00 for licensable activities and opening hours on International Women's Day (8th March)
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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). |
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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.
Additional Conditions
9. The provision of Licensable Activities shall at all times be ancillary to the use of the Premises by the AllBright Collective as a female private members’ club and co-working meeting/office space.
10. There shall be no advertising of the bar outside of the premises.
11. Alcohol may only be sold for consumption by a) members of the AllBright Club and their bona fide guests (not exceeding 3 guests per member); b) employees and staff of the AllBright Collective; or c) persons attending a pre-booked private function.
12. No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission.
13. A list of the names and addresses of members of the Club shall be kept on the premises at all times together with a book showing the names and dates of attendance of any guests introduced by members or attending pre-booked private functions. Both the list and the book shall be produced on demand for inspection by the police or an authorised officer of the Council.
14. 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.
15. All entrance doors and windows to be kept closed after 23:00 hours except for immediate access and egress of persons.
16. 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.
17. Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.
18. 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.
19. No waste or recyclable materials, including bottles, shall be moved removed or placed in outside areas between 2300 hours and 0800 hours.
20. No deliveries to the premises shall be made between the hours of 23:00 hours and 08:00 hours.
21. 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.
22. Drinks shall not be taken outside of the premises.
23. The number of persons accommodated at any one time, (excluding staff) shall not exceed:
Basement – 20 persons Ground -110 persons First Floor –60 persons Second Floor –60 persons. Third Floor – 60 persons.
With no more than 60 persons on the first, second and third floors at any one time and no more than 170 persons on the premises at any one time.
24. 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.
25. 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.
26. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
27. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
28. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
29. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
30. 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.
31. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.
32. 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.
33. 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.
34. 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 (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
35. No licensable activities shall take place on any part of that the premises until that part of 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.
36. 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.
37. For the avoidance of doubt, the premises must not operate under this licence as a drinks led establishment.
38. The consumption of alcohol on the premises shall cease at 23:30 Monday to Thursday, 00:00 Friday and Saturday and 22:30 Sunday.
39. A copy of the most recent club membership rules should be kept on the premises and be available to the Police or an authorised officer of the Council on demand.
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Supporting documents:
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