Agenda item

Swingers, 15 John Prince’s Street, W1

To consider granting authority to settle an appeal arising from the Licensing Sub-Committee decision of 21 September 2017.

RESOLVED: That under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the public be excluded from the meeting for the following item of business on the grounds that the public interest in the hearing taking place in private outweighs the public interest in that part of the meeting taking place in public.

Decision:

The premises concerned intended to operate as an indoor golf facility with ancillary bars and food outlets at 15 John Prince’s Street. By application received on 25 July 2017, Swingers 2 Limited applied for a new premises licence to provide licensable activities at the Premises.

The Licensing Sub-Committee considered the application on 21 September 2017 and it was confirmed by the Applicant’s representative (Mr Gerald Gouriet QC) that the application had been amended so that the proposed hours for licensable activities were reduced to be in line with the Council’s Core Hours, namely a terminal hour of 23:30 Monday to Thursday, midnight on Friday and Saturday and 22:30 on Sunday.

The Police had suggested amendments to two of the Applicant’s proposed conditions, as well as additional conditions, one of which was that polycarbonate vessels are used at the Premises. It was submitted by PC Guerra during the course of the hearing that this condition was sought as the Police considered that there was a potential risk if glassware was used rather than polycarbonate vessels. He specifically stated that there was the possibility of groups on the two mini courses coming into conflict and these groups would be walking around the courses with glasses in their hands. Any injuries would be much less severe if there was conflict and polycarbonate vessels were used rather than glassware.

Mr Gouriet asked that the Police’s proposed condition not be attached to the premises licence on the basis that the clientele was not likely to be involved in fighting and there was a stigma involved in providing polycarbonate vessels.

The Sub-Committee allowed the amended application, subject to conditions which included a condition requiring polycarbonate vessels to be used at the Premises rather than glassware. Members did not take the view that there were likely to be regular problems caused by the clientele of the premises but were nevertheless of the opinion that the potential for injuries would be reduced if glassware was not used. The Sub-Committee did not accept that there would be a stigma created by not using glassware. Customers’ safety was the main priority.

Condition 40 imposed by the Sub-Committee was as follows:

a) All drinking vessels used in the venue shall be polycarbonate. All drinks in glass bottles are to be decanted into polycarbonate containers or polycarbonate carafes prior to being served, with the exception of champagne or bottles of spirits with a minimum capacity of 70cl supplied by waiter/waitress service to tables. Staff shall clear all empty champagne and spirit bottles promptly from the tables. Customers shall not be permitted to leave their table carrying any such glass bottles or drink directly from the bottle

b) Notwithstanding a) above, with the written agreement of the Westminster Licensing Police, a copy of which will be held at the premises reception, glass drinking vessels may be used for private or pre-booked events within a specified area of the premises.

Notice of appeal was lodged by the Applicant on 13 November 2017. The sole ground of the appeal is the imposition of condition 40 on the premises licence.

The Appellant, by way of an offer of settlement, proposed a compromise of the appeal to the effect that condition 40 is substituted with the following condition:

No glass drinking vessels, bottles or other type of glass drinks container shall be permitted onto the golf course at any time unless the entire venue has been pre-booked as a private event and written agreement has been provided by the Westminster Police Licensing Team. A copy of the agreement shall be held at the premises reception.

The condition to have polycarbonate vessels used in the Premises was proposed by the Metropolitan Police on the basis that the use of glassware may have a potential risk. This risk was based on the possibility of groups coming into conflict on the two

mini courses whilst carrying glass in their hands. The Police confirmed that they were in agreement with this alternative wording. In assessing this compromise offer, the Police made contact with Officers of the Police Licensing Service in the City of London, who confirmed that a similar venue in their area operated by the Applicant’s was well run and has not caused any problems. There was no reported crime and they use glass throughout.

The Members of the Sub-Committee were of the view that the proposed compromise would promote the licensing objectives and authority was given to settle the appeal on the basis set out in the officer’s report.