Agenda item
Cafe Royal Hotel, 8 Air Street, W1
|
App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
|
|
1. |
West End Ward / West End Cumulative Impact Area |
Cafe Royal Hotel, 8 Air Street, W1 |
Variation of a Premises Licence |
18/01098/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 5 April 2018
Membership: Councillor Peter Freeman (Chairman), Councillor Karen Scarborough and Councillor Shamim Talukder
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Shannon Pring
Relevant Representations: Environmental Health, Metropolitan Police and Licensing Authority.
Present: Mr Alun Thomas (Solicitor, representing Applicant), Mr Guillaume Marly (General Manager, Café Royal Hotel), Mr Dave Nevitt (Environmental Health), PC Toby Janes (Metropolitan Police) and Mr Steve Rowe (Licensing Authority).
Declaration: Councillor Karen Scarborough declared that she had met Mr Marly as he had previously been General Manager at Chiltern Firehouse which is located in her Ward, Marylebone High Street.
|
Café Royal Hotel, 8 Air Street, W1 18/01098/LIPV
|
||||||||||||||||||
|
Layout alteration |
||||||||||||||||||
|
During the hearing it was clarified that the layout alterations were as follows:
· The Ten Room Public Restaurant on the ground floor would become the Hotel Reception Area. · The First Floor Member’s Bar (shown on the plans as the Studio Bar) to become the First Floor Library Bar. · The First Floor Members Lounge (shown on the plans as the Ten Room overlooking Air Street) to become the First Floor Gallery Restaurant. · The First Floor Private Dining Room to become Back of House Kitchen. · The First Floor Screening Room to become the First Floor Studio Restaurant. · The new restaurant on the first floor would combine the Gallery Restaurant and the Studio Restaurant.
|
||||||||||||||||||
|
Amendments to application advised at hearing:
Clarification was required during the hearing as to the proposed layout alterations. There were no proposed amendments to the hours sought by the Applicant from those set out in the report.
|
||||||||||||||||||
|
Decision (including reasons if different from those set out in report):
The Sub-Committee heard from Mr Thomas, representing the Applicant. He stated that the application involved changes to the layout and changes in the use of rooms within the hotel. Amended conditions were proposed to reflect this.
Mr Thomas took Members and the parties present at the hearing through the existing plans. He explained that the Ten Room public restaurant and bar could be accessed directly from Air Street. The Applicant was now seeking to replace this with a feature hotel lobby with concierge facilities. It was being requested that alcohol could be sold to hotel residents and their guests in the hotel lobby.
Mr Thomas mentioned that the existing premises licence for the Ten Room public restaurant and bar on the ground floor permitted alcohol to be sold without food until 01:00 with a capacity of 90 persons. He added that removing a public bar with direct access from the street was part of the Applicant’s case for the application being granted as an exception to policy.
Mr Thomas confirmed that the Green Bar on the ground floor would not change in nature. He advised that this had a 01:00 terminal hour as there was direct access to the street. There was a requirement under the existing premises licence to have SIA registered door staff at each of the entrances.
Mr Thomas made the point that there was no direct access from the street to the proposed uses, including the bar areas, on the first floor unlike the existing Ten room on the ground floor. In order to reach these areas, it was necessary to come up a central staircase or via a lift. This was another element of the Applicant’s case for the application being granted as an exception to policy.
The sale of alcohol was referred to by Mr Thomas as being in operation until 03:00 for the first floor either to persons taking a table meal or attending pre-booked functions or to hotel residents as their guests as a result of the existing premises licence. The terminal hour for the first floor rooms would not change. For the First Floor Private Bar / Members Lounge, private dining/reading room, members of the private members club could also have a drink. Mr Thomas clarified that it was intended that the Café Royal Members’ Club would cease to exist (Mr Marly later said that this would be in May 2018). The Members’ Club would be replaced by members of the public but they would have to be served by waiter or waitress only, a condition that was absent from the existing premises licence. Mr Thomas was of the view that this element should also be deemed an exception to policy.
Mr Thomas explained that another exception to policy was a proposed reduction in capacity as the screening room (to be known as the Studio Restaurant) would become smaller (from 150 to 90 except for private events) and the private dining room would be removed following the proposed layout alterations (Mr Marly later clarified that this was becoming a kitchen area). Mr Thomas added that the capacities for the bar uses would remain the same.
Mr Thomas suggested that the final exception to policy was the additional proposed conditions, including those set out in his letter prior to the hearing which had been agreed with the Metropolitan Police.
Mr Marly informed those present that he had been the General Manager at Café Royal Hotel for four months. He was asked by Mr Thomas to explain why the Applicant was seeking a 01:00 terminal hour for the Studio Restaurant and Bar and 03:00 terminal hour for bar use in the Library Bar when the Applicant was permitted to open the Oscar Wilde Bar on the ground floor until 03:00. Mr Marly replied that it would give the public the option to have a drink or a meal post theatre. Mr Thomas spoke of the opportunity for international travellers to have a late drink or meal.
Mr Thomas also addressed the Sub-Committee on specific sections of the Council’s Statement of Licensing Policy. In respect of paragraph 2.4.7, he believed that the application was an exception to policy either in terms of ‘the substitution of existing licensable activity at the premises with licensable activities which would have less impact on the area and would be more likely to further the licensing objectives’ or ‘the reduction in the capacity’ of the premises. In respect of the hotels policy, Mr Thomas referred to paragraph 2.5.57 that ‘hotel bars that are directly or easily reached from the street will be likely to raise similar concerns to pubs and bars’. He made the point that removing direct access to the bar from the street was a reason for granting the application as an exception to policy.
Mr Thomas offered a works condition and amended plans in the event the premises licence was granted. He was proposing to show the areas that were ready to open and the areas that were not ready to open on the plans. Those areas located on the first floor would require Environmental Health’s approval before they were permitted to open.
In response to questions from the Sub-Committee, Mr Marly confirmed that the Applicant would like the ability to offer a drink in the hotel reception area. He envisaged that there was more likelihood of serving teas and coffees in the lobby area with alcoholic drinks being served in the Green Bar. Mr Thomas made the point that the Green Bar would close at 01:00 and it would be a ‘nice to have’ if hotel residents and their guests were able to have a drink after this time. He was not proposing a capacity for the hotel reception area because it would be difficult to monitor with people coming and going within the busy area. However, he would not object if a capacity was added to the premises licence.
Mr Panto on behalf of the Sub-Committee asked Mr Thomas about the figure of 90 which he had suggested was the capacity for the Ten Room Public Restaurant. This was on the basis that the capacity of 90 in the conditions on the existing premises licence appeared to apply to the Green Bar. Mr Thomas replied that the Ten Room was significantly larger than the Green Bar and therefore the capacity should be considered to be at least 90 for the Ten Room.
Mr Wroe asked the Applicant to clarify details of all the rooms in relation to the plans as there had been some confusion. Mr Marly replied that there were no proposed changes to the Domino Room on the first floor which is set out in the plans and in the conditions on the existing premises licence as the First Floor Ten Room but is known as the Domino Room. The Members’ Lounge on the first floor referred to in the conditions on the existing premises licence was named the Gallery Restaurant (with a capacity of 80). Mr Thomas stated that the First Floor Members’ Bar is known as the Library Bar (also with a capacity of 80). Mr Marly provided the additional information that the new restaurant would combine the Gallery Restaurant and the Studio Restaurant. The private dining room would be the kitchen for the new restaurant.
Mr Marly and Mr Thomas confirmed that the area marked in the conditions on the existing premises licence as ‘Ground Floor Retail / Café’ was the Papillon Café as set out on the plans. It was agreed that the reference in the conditions to the ground floor hotel bar should refer to the Green Bar. The reference to Grill Room in the Oscar Wilde Bar would be removed as it did not appear on the plans. This was on the ground floor and there were no proposed changes to this area. The reference to the ‘First Floor Private Bar, Members Lounge, private dining/reading room’ in the conditions would be amended to the First Floor Library Bar. It was also agreed that the reference to the ‘screening room’ in the conditions would be amended to the ‘Studio Restaurant’ with a reduction in capacity from 150 to 90 in the event the application was granted.
Mr Marly and Mr Thomas confirmed that there were no proposed layout alterations to the second floor of the hotel. Mr Panto advised that there were conditions (listed 73-79) under the heading ‘Whole Premises’ on the existing premises licence which were relevant only to the Second Floor Pompadour Suite.
The Sub-Committee heard from Mr Nevitt on behalf of Environmental Health. He expressed the view that there were aspects of the application which would greatly benefit the premises. Environmental Health was content with the proposed changes to the layout. Mr Nevitt believed that a particular improvement was the proposed hotel reception area. The increased hotel lobby would give management the opportunity to better manage clients on arrival and when dispersing, including later in the evening and would remove direct access to a bar from the street which currently existed. It was more difficult to access alcohol on the first floor, walking through the lobby area and up stairs and via corridors.
Mr Nevitt stated that the reason he had maintained his representation was the Applicant’s proposed change from a members’ bar (as set out in condition 11 on the existing premises licence) on the first floor to a public bar in the First Floor Library Bar. He was of the view that the public bar had policy implications in the West End Cumulative Impact Area and it was for the Sub-Committee to consider the ‘pros and cons’ of the application.
Mr Nevitt commented that there was a balancing act between the change in nature of the First Floor Library Bar and the layout improvements. He made the point that the effect of condition 11 on the existing premises (First Floor Private Bar / Members Lounge, private dining/reading room) was that people could already attend pre-booked private events and management could have up to 35 guests there until 03:00. There was no restriction on the number of pre-booked private events that could be held in this area. This was permitted in addition to members being permitted to use the area.
Mr Nevitt also made the point that the Applicant was offering more conditions as a result of the application, including the proposed condition for the Library Bar offering waiter/waitress service.
The Sub-Committee was also addressed by PC Janes on behalf of the Metropolitan Police. He said that the Police representation was based on the Applicant’s proposed changes to the Library Bar and in particular allowing members of the public to drink alcohol there up to 03:00. There were concerns about cumulative impact as there would be no restrictions on who would be able to drink at the bar. People would be able to remain within the West End Cumulative Impact Area.
PC Janes accepted the Applicant’s point that the Bar would not be visible from the street. He had agreed conditions with the Applicant that there would be no external advertising of the premises with the bar facilities, no entry or re-entry by members of the public after 1am on the first floor, save for persons temporarily leaving the premises to smoke and that there would be a SIA registered door supervisor overseeing the Library Bar after 23:00. He also was of the view that it was quite a walk from the entrances to the Library Bar. PC Janes added that the conditions agreed with the Applicant and the fact that there was no direct access to a bar from the street satisfied the Police that the application would not undermine the prevention of crime and disorder licensing objective. The crime statistics were very low at Café Royal Hotel in comparison to other premises in the locality.
The Sub-Committee heard from Mr Rowe on behalf of the Licensing Authority. He advised that there was no representation on the change of layout. The Licensing Authority’s representation was based on the public bar element. He stated that the Council’s policy was to refuse applications within the cumulative impact areas unless there were exceptional circumstances. It was for the Sub-Committee to consider whether there were exceptional circumstances in respect of the application.
In response to questions from the Sub-Committee Mr Thomas and Mr Marly clarified that there was an external seating area at the rear which was licensed to 23:00. There were offices and not residents at the rear of the hotel. The Oscar Wilde Bar was infrequently used and the entrance to it from Glasshouse Street had SIA security door staff overseeing it.
Mr Panto asked the Applicant to explain how 80 people, including members of the public, in the Library Bar until 03:00 and a capacity of 90 people, including members of the public, in the Studio Restaurant overlooking Regent Street until 01:00 would not add to cumulative impact in comparison to the existing premises licence. Mr Thomas replied that the hotel reception/lobby area was better regulated and there was an extra degree of staff security. He also referred to Mr Nevitt’s representation at the hearing, making the point that it was questionable whether there was any additional cumulative impact as a result of a change from the use of the Library Bar from members, private pre-booked events and guests of the management to the public. The premises would not be advertised. Mr Thomas added that members’ uses and private pre-booked functions were given no different status from bars in the Council’s policy. There were also additional conditions being offered in respect of the current application, including waiter / waitress service.
Mr Marly in response to a question from the Sub-Committee confirmed that a menu was available to customers in the Library Bar and Studio Restaurant. In relation to the Studio Restaurant, Mr Thomas commented that on the basis of the Ten Restaurant and Bar being lost on the ground floor it was reasonable to replace this directly with a public bar on the first floor until 01:00. He also explained that he did not believe that there was an intensification of use for the Library Bar given the removal of direct access to a bar from the street, the reduction in capacity and the addition of safeguarding conditions.
The Sub-Committee, in granting the application, decided that the application would not undermine the licensing objectives or add to cumulative impact. The Sub-Committee concurred with PC Janes’ assessment that the conditions agreed between the Police and the Applicant (including that there would be a door supervisor on duty at the Library Bar) and the removal of a direct access to a bar from the street to be replaced by bar uses on the first floor were likely to ensure that the prevention of crime and disorder licensing objective would not be undermined. The Sub-Committee also agreed with the points made by Mr Nevitt and Mr Thomas that it was questionable specifically in relation to the hotel whether the public were more likely to cause public nuisance than those attending pre-booked private events or up to 35 guests of management until 03:00. In the event the licensing objectives were persistently undermined, there was the option for a review of the premises licence. The Sub-Committee also considered that the removal of a direct access to a bar from the street and the conditions offered by the Applicant including waiter/waitress service and no advertisement of the premises including the bar facilities were beneficial from a prevention of public nuisance point of view.
In addition to the points above, the Sub-Committee took into account in relation to cumulative impact that there was an overall reduction in capacity. There was no formal capacity set for the Ten Room Restaurant and Bar on the ground floor in the existing conditions but it could be accepted that the capacity was at least the same as in the Green Room Bar on the ground floor which was stated as having a capacity of 90. No capacity was being set for the Hotel Reception area that was replacing the Ten Room Restaurant and Bar but there would be a lesser number in this area of the premises at any one time than the Ten Room Restaurant. The private dining room was also being removed to be replaced by the kitchen area. The former screening room or Studio Restaurant could not be said to have reduced its capacity because it could still be used by up to 150 people for pre-booked private events.
The Sub-Committee had concerns that the names of the areas within the hotel in the conditions on the existing premises licence did not match the plans and decided to rectify the issue (as can be seen with the conditions below). There was a tidying up process with duplicated conditions being removed. The Sub-Committee also discussed with Mr Thomas the fact that updated plans were required. There were references to hatching on the plans in the existing conditions, including for the Ground Floor Papillon Café and the Ground Floor Oscar Wilde Bar and First Floor Domino Room that had not been included on the new plans submitted by the Applicant for the application. The Sub-Committee accepted Mr Thomas’ point that no one had been misled by the lack of hatching for the Papillon Café or the Ground Floor Oscar Wilde Bar and First Floor Domino Room on the plans as there were no proposed changes in these areas. Mr Thomas agreed to submit updated plans. The variation to the licence would not have any effect until the plans were submitted. |
||||||||||||||||||
|
2. Conditions being varied, added or removed |
||||||||||||||||||
|
|
||||||||||||||||||
|
Amendments to application advised at hearing:
There were no amendments made by the Applicant at the hearing. Clarification was required during the hearing as to the proposed layout alterations and the correct names of the rooms for the purpose of updating the conditions on the premises licence.
|
||||||||||||||||||
|
Decision (including reasons if different from those set out in report):
The Sub-Committee considered it necessary to tidy up the conditions on the premises licence. The application was very confusing and the current plans were not accurate. Consequently, the description of the proposed changes to the conditions as set out in the report (Box 1D) were not accurate.
There were 2 “Ten Rooms” shown on the first floor plans. The one overlooking Air Street was to become the Gallery Restaurant. This had been subject to conditions 11 and 33 to 35 on the current licence where the room had been described as the members lounge. These conditions would be completely removed. The new conditions applying to the Gallery Restaurant would be conditions 32 and 33 set out below.
The Applicant advised that the other “Ten Room” situated in the centre of the First Floor and overlooking Glasshouse Street was actually named the Domino Room. The Domino Room is referred to in the conditions on the current licence. The conditions applicable to the Domino Room would remain the same and now appear as conditions 20 to 24 below. These conditions also apply to the Ground Floor Oscar Wilde Room.
The Applicant’s proposed Hotel Reception area condition was granted and is set out below at condition 25. The Applicant offered that there would be waiter/waitress service in this area and this was reflected in the condition.
The Applicant advised that the First Floor Studio Bar was actually named the Library Bar. This was currently regulated by conditions 11 and 33 to 35 where it is referred to as the First Floor Private Bar. As indicated above, these conditions would be removed completely and new conditions in relation to the Library Bar were granted as set out below at condition 29 to 31.
The Applicant’s amendment to condition 36 in relation to the First Floor Studio Restaurant was granted and is set out below at condition 34.
The Applicant’s amendment to condition 38 in relation to the First Floor Studio Restaurant was granted and is set out below at condition 35.
The Sub-Committee granted the removal of conditions 33, 34 and 35 on the existing premises licence. Condition 33 relating to the availability of substantial food and non-intoxicating beverages in all parts of the premises where alcohol is available. This was already included as a condition under the heading ‘whole premises’ and now appears as condition 49 below. The removal of condition 34 meant that waiter or waitress service would no longer be required for every sale of alcohol in the first floor Library Bar or Gallery Restaurant (though it would be required for sales of alcohol to members of the public in the Library Bar who were not also taking a table meal). Although condition 35 was removed, equivalent capacities are set out in conditions 30 and 33 below. |
|
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;
(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. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
10. 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
Ground Floor Retail / Café (Papillon Café)
11. The sale of alcohol for consumption on the premises shall be by waiter / waitress service only and to persons seated.
12. Any sale of alcohol for consumption off the premises shall only be permitted in sealed containers and only until 23:00.
13. The sale, exposure for sale, or display of alcohol shall be limited to the sales area cross hatched on the plans to be submitted.
14. The number of persons permitted in the retail/cafe shall be 70 persons (excluding staff).
15. No regulated entertainment shall be provided.
Ground Floor Hotel Bar (Green Bar)
16. The sale of alcohol shall be by waiter/waitress or bar service only.
17. There shall be no access to the hotel bar from the corner of Glasshouse Street/ Air Street after 24:00 hours.
18. Regulated entertainment shall be restricted to recorded music only.
19. The number of persons permitted in the Hotel Bar shall be 90 persons (excluding staff).
Ground Floor Oscar Wilde Bar & First Floor Domino Room
20. The sale of alcohol shall be by waiter/waitress service only and to persons seated (with the exception of the hatched area as shown on the plan limited to a capacity of 10 persons).
21. After 01:00 admission to the Oscar Wilde Bar from Glasshouse Street shall only be to: a) Persons on a Guest List, a copy of which shall be kept for 31 days for inspection by the responsible authorities; or b) Guests of the management, limited to no more than 20 persons at any time, a record of the authorising manger's name and names of such guests shall be kept for 31 days for inspection by the responsible authorities.
22. After 23:00 a minimum of 1 SIA door supervisor shall be on duty at each entrance to the Oscar Wilde Bar.
23. The number of persons permitted in the Oscar Wilde Bar and or Domino room shall be: Oscar Wilde Bar 100 persons, Domino Room 70 persons.
24. The sale of alcohol within the First Floor Domino Room shall only be to persons a) taking a table meal, or b) persons attending a pre-booked or ticketed event, a list of such events shall be kept for 31 days for inspection by the responsible authorities, or c) residents and their bona fide guests.
Ground Floor Hotel Reception Area
25. The sale and consumption of alcohol within the Hotel Reception shall only be to residents and their bona fide guests and shall be by waiter and waitress service.
Spa
26. The sale of alcohol shall be by waiter/waitress service only save for in the café as shown on the plan.
27. There shall be no glass vessels permitted within the Spa save for in the café as shown on the plan.
28. Regulated entertainment shall be restricted to recorded music only.
First Floor Library Bar
29. The provision of licensable activities shall be restricted to: a) Persons taking a table meal; or b) Persons attending pre-booked private events; a list of such events shall be kept for 31 days for inspection by the responsible authorities; or c) Residents and their guests; or d) Persons served by waiter/waitress service whilst seated up to the hours of 03:00.
30. The number of persons permitted in the First Floor Library Bar excluding staff shall not exceed 80 persons at any one time.
31. There shall be a minimum of 1 SIA registered door supervisor on duty at the First Floor Library Bar at all times after 11pm, save in the case of emergencies.
First Floor Gallery Restaurant
32. The provision of licensable activities shall be restricted to: a) Persons taking a table meal; or b) Persons attending pre-booked private events; a list of such events shall be kept for 31 days for inspection by the responsible authorities; or c) Residents and their guests.
33. The number of persons permitted in the First Floor Gallery Restaurant excluding staff shall not exceed 80 persons at any one time.
First Floor Studio Restaurant
34. The provision of licensable activities shall be restricted to: (a) Persons taking a table meal; or (b) Persons attending pre-booked or ticketed events; a list of such events shall be kept for 31 days for inspection by the responsible authorities; or (c) Residents and their guests; or (d) Persons served by waiter/waitress service whilst seated up to the hours of 01:00.
35. The number of persons permitted in the Studio restaurant shall be: (a) 150 persons – when used for private events only (b) 90 persons – when used as a public restaurant and bar.
First Floor Meeting Rooms 1,2 & 3 and Board Room
36. The sale of alcohol shall only be to persons (a) taking a table meal, or (b) persons attending a pre-booked private event, a list of such events shall be kept for 31 days for inspection by the responsible authorities, or (c) residents and their bona fide guests.
37. The number of persons permitted in Meeting Room 1, 2, 3 and the Boardroom shall not exceed 430 persons.
Second Floor Pompadour Suite
38. The supply of alcohol within the Pompadour Suite shall only be to persons (a) taking a table meal, or (b) persons attending pre- booked or ticketed events, a list of such events shall be kept for 31 days for inspection by the responsible authorities, or (c) residents and their bona fide guests.
39. The number of persons permitted in the Pompadour Suite shall be 250 persons.
40. There shall be no Regulated Entertainment provided to the External Balcony area.
41. No drinks shall be permitted in the external balcony area after 03:00 hours.
42. Where there is regulated entertainment in the Pompadour Suite, all doors to the external balcony shall be kept closed after midnight except for immediate access and egress.
43. The external balcony shall be supervised by a SIA door supervisor when open after midnight.
44. The external balcony will be covered by CCTV.
45. The supply of alcohol after midnight on the external balcony shall be by waiter/waitress service only.
46. The use of the external balcony after midnight shall only be open to: a) persons taking a table meal, or b) persons attending pre-booked or ticketed events, a list of such events shall be kept for 31 days for inspection by the responsible authorities, or c) residents and their bona fide guests.
47. The number of persons on the external balcony after midnight shall not exceed 50 at any one time, excluding staff.
48. The use of the external balcony shall only be permitted after a risk assessment has been carried out with regard to the danger of glasses, bottles or other items accidentally or deliberately falling or being thrown from the balcony. Such risk assessment shall be kept for a period of 31 days for inspection by the Responsible Authorities.
Whole Premises
49. 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.
50. The provision of licensable activities to members of the public shall be permitted from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
51. Patrons temporarily leaving the premises on the ground floor for the purposes of smoking shall not take any drinks of any kind with them outside the premises.
52. No goods including fuel delivered or collected by vehicles arriving at or departing from the premises shall be accepted or despatched if unloaded or loaded on the public highway. You may accept or dispatch such goods only if they are unloaded or loaded within the curtilage of the building of the Quadrant 3 complex.
53. All tables and chairs shall be removed from the outside area at 23:00 each day.
54. The premises shall 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 stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorized officer throughout the preceding 31 day period.
55. 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 to the public. This staff member must be able to show a Police or authorized council officer recent data or footage with the absolute minimum of delay when requested.
56. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to nuisance.
57. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00 hours.
58. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
59. No waste or recyclable materials, including bottles, shall be moved, removed or placed on the public highway between the hours of 23:00 and 07:00.
60. There shall be at least one SIA licensed door supervisor at each of the entrances on Glasshouse Street/Air Street, Glasshouse Street, Air Street and Regent Street from 20:00 until the end of permitted hours.
61. Any special effects or mechanical installations shall be arranged and stored so as to minimize 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. o Dry ice and cryogenic fog o Smoke machines and fog generators o Pyrotechnics including fire works o Firearms o Lasers o Explosives and highly flammable substances o Real flame o Strobe lighting.
62. No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other persons any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.
63. 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.
64. 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.
65. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
66. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
67. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
68. Curtains and hangings shall be arranged so as not to obstruct emergency signs, fire extinguishers or other fire fighting equipment.
69. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing should be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes, other than foyers, entertainment areas or function rooms, should be non-combustible.
70. The certificates listed below shall be submitted to the Licensing Authority upon written request.
71. Other than in hotel bedrooms, there shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
72. Save for residents and their guests, the sale of alcohol shall only be permitted between 0700 and 1000 Monday to Saturday and 0700 to 1200 Sundays to persons taking a table meal and as an ancillary to that meal.
73. 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, which will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received that relate to crime and disorder (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.
74. Save for those areas already authorised in the licence to permit recorded music, all other areas on the ground floor, first floor and spa shall be permitted at all times to provide recorded music.
75. There shall be no entry or re-entry by members of the public after 1am on the first floor, save for persons temporarily leaving the premises to smoke.
76. There shall be no external advertisement on the premises of the licensed facilities.
77. No licensable activities shall take place in the hatched areas referred to in conditions 13 and 20 above until the premises has 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, subject to updated plans being provided to fully reflect the changes to the layout of the premises and which accurately identify the names of the rooms referred to in the licence.
|
Supporting documents:
PDF 2 MB