From:                                                                            Steward, Michelle: WCC

Sent:                                                                             18 September 2019 13:22

Subject:                                                                        Review Hearing - OPIUM  21 Rupert Street  19/10730/LIREVX 

 

Dear All,

 

Further to this matter and the hearing due to take place on Monday 23rd September 2019, please find below a representation received from Francis Keegan, City Inspectors Team Manager on the 6th September 2019.

 

Please accept our apologies for the late circulation of this document and for it not being included in the Report as this was sent to an officer whilst on annual leave.

 

Kisi, please circulate to the Chair and Members of the Committee and I confirm that a copy has been sent to all interested parties.

 

Kind regards

 

Michelle

 

 

From: Keegan, Francis: WCC
Sent: 06 September 2019 01:27
To: Gadd, Daisy: WCC <dgadd@westminster.gov.uk>
Cc: Guerra, Reaz: WCC <rguerra@westminster.gov.uk>; Ferrer, Daniel: WCC <dferrer@westminster.gov.uk>
Subject: OPIUM 21 Rupert Street 19/10730/LIREVX

 

 

 

 

 

Re : 19/10730/LIREVX  …. Police application for review of the premises licence

 

 

The current licence is  18/13366/LIPDPS  , but you will be aware of the application for a new licence (  19/09071/LIPN ) submitted by London Trocadero (2015) Llp which is opposed.

 

The venue has had a number of TENs in addition  to its premises licence.

 

The venue was of serious concern to the former WCC Licensing Enforcement Team when it was under previous ownership, and indeed the Inspectors  applied in  2014  for a formal Review of the licence (Ref 14/08928/LIREVP  ).

 

The venue recommenced trading last year after a period of closure when substantial works/alterations were undertaken.

 

There were a number of visits by City Inspectors, and some minor problems were found, but more worryingly were problems with the emergency escape routes.

 

The DPS  ( EAMONN MULHOLLAND) wrote to me on  1 February 2019  ( see below) and his email suggested that there were problems with how the venue was being run/managed.

 

Mr MULHOLLAND is a very experienced operator in whom I have confidence, but I came to the view that the Spanish-based owners were the real problem.

 

 

I formed the view that the DPS’s efforts were being hampered by the licensee company, which was generally undermining the DPS’s authority.

 

 

It was clear that the venue had commenced trading before all works were complete, and before all fire/public  safety management system were in place.

 

That being said the venue then ceased trading again and so visits stopped.

 

 

The police have told me the nature of their concerns, and I fully support their application to review the licence.

 

 

 

Francis Keegan
City Inspector Team Manager – City Operations
WCC Public Protection and Licensing

Tel: 020 7641 4429

  

 

From: Lana Tricker <lana@ltlaw.co.uk>
Sent: 03 February 2019 20:49
To: Keegan, Francis: WCC <fkeegan@westminster.gov.uk>
Subject: FW: OPIUM 21 Rupert Street

 

Dear Francis

Pls see below email in response to yours of 19th January. Eamonn sent this to me but I am forwarding it to you in case it hasn’t been received yet.

I will also chase licensing to issue the updated version of the licence so we can have the up to date licence displayed shortly.

Many thanks

Kind regards

Lana

 

Lana Tricker

Principal, LT Law

 

M: 075257 11530

T: 020 3755 5138

 

This e-mail is confidential and may also be privileged. If you are not the intended recipient please notify LT Law by return e-mail or at the numbers above and delete it, and any copies of it; you must not read, print, copy or use the communication for any purpose, and you must not disclose its contents to any other person. LT Law has taken steps to ensure that this message (and any attachments or hyperlinks contained within it) is free from computer viruses and the like. However, we cannot guarantee that no viruses are present, and we accept no liability for any damage caused by you opening this communication, or any attachments or Hyperlinks contained in it. Lana Tricker is the sole proprietor of LT Law. SRA No: 488281 Authorised and regulated by the Solicitors Regulation Authority.

 

From: EAMONN MULHOLLAND
Sent: 01 February 2019 16:47
To: Lana Tricker <lana@ltlaw.co.uk>
Subject: Re: OPIUM 21 Rupert Street

 

Mr Keegan 

 

Firstly let me apologise for the lateness of my reply to you letter and your concerns.

 

Following your visit we have placed the summary of the correct license in frames which now are placed on the reception desk as you enter the building. A copy of the full licence is being retained in the office for senior management’s use, and production as required.

 

With regards to the poor state of the fire exit I have no excuse other than there has been breakdown in communication due to the builders 

finishing the project only speaking Spanish. I agree that the state of the fire escapes was unacceptable and I have now sat with the owners of the premises and I now have their full cooperation and understanding of the situation, and have full control of the building.

 

All works have now stopped and any materials left in the premises are to be securely locked away with no access to the public during opening hours.

 

All fire exits are being regularly checked and monitored before, during and after the shift.

 

Yours 

 

 

EAMONN MULHOLLAND

 


 

On 20 Jan 2019, at 09:09, Lana Tricker <lana@ltlaw.co.uk> wrote:

 

From: Keegan, Francis: WCC
Sent: 19 January 2019 03:39
To: Lana Tricker <lana@ltlaw.co.uk>
Cc: Adeyemi, Adebowale: WCC <aadeyemi@westminster.gov.uk>; Lewis, Bryan: WCC <blewis1@westminster.gov.uk>
Subject: OPIUM 21 Rupert Street

 

Dear Ms Tricker,

 

Whilst I realise that there are two applications pending to nominate a new DPS and to otherwise vary the licence, the current licence is the one issued upon transfer to Opium London Ltd   ( i.e. Lic No 18/01592/LIPT), and this was sent to 'craig.baylis@bplaw.com' (who acted for the company at that time) by email on  12 July.  This is the licence which should be displayed and produced at the venue.

 

However, when my colleague and I visited the venue at 00.15 today we found no summary/Part B or Notice of Licence Keepers displayed, and we were told that this was because the owners want them displayed in special frames which are still in Spain.   Please advise Opium London Ltd that this is not an acceptable reason to not comply with the statutory regulations.

 

But of much more concern was the fact that, despite verbal advice given on my last visit, the means of escape were seriously compromised.  I told the managers (Inc. Mr Mulholland) that I would return in an hour and if matters were much improved I would call the fire brigade and ask them to consider taking action.

 

Fortunately when I returned (the police were visiting the venue by this time, and I believe they have concerns about the venue also) the escape routes were much improved

 

I hereby request a written explanation from the licensee company how this situation was allowed to arise, and what steps will be taken from now on to ensure it is never repeated.

 

Thank you.

 

Francis Keegan
City Inspector Team Manager – City Operations
Public Protection and Licensing

Portland House
Bressenden Place
Victoria
London
SW1E 5RS

Tel: 020 7641 4429
fkeegan@westminster.gov.uk
www.westminster.gov.uk
Please don't print this e-mail unless you really need to.

 

 

 

 

From: Keegan, Francis: WCC <fkeegan@westminster.gov.uk>
Sent: 03 January 2019 08:34
To: Lana Tricker <lana@ltlaw.co.uk>
Cc: Sycamore, David: WCC <dsycamore@westminster.gov.uk>; Webber, Toby: WCC <twebber@westminster.gov.uk>; Jellis, Nigel: WCC <njellis@westminster.gov.uk>; John.Sandlin@sia.gsi.gov.uk; Hunter Brian - Westminster <Brian.Hunter@met.police.uk>;
Subject: OPIUM 21 Rupert Street

 

Thank you

 

I will revisit the venue shortly and hope that all of the issues mentioned on my recent visit will have been addressed by then

 

Francis Keegan
City Inspector Team Manager – City Operations
Public Protection and Licensing

Portland House
Bressenden Place
Victoria
London
SW1E 5RS

Tel: 020 7641 4429
fkeegan@westminster.gov.uk
www.westminster.gov.uk
Please don't print this e-mail unless you really need to.

  =========================================================

 

From: Lana Tricker <lana@ltlaw.co.uk>
Sent: 02 January 2019 14:34
To: Keegan, Francis: WCC <fkeegan@westminster.gov.uk>
Cc: Sycamore, David: WCC <dsycamore@westminster.gov.uk>; Webber, Toby: WCC <twebber@westminster.gov.uk>; Jellis, Nigel: WCC <njellis@westminster.gov.uk>; John.Sandlin@sia.gsi.gov.uk
Subject: RE: OPIUM 21 Rupert Street

 

Dear Francis

 

Thanks for your email and Happy New Year.

 

I have spoken to my client and understand the manager that was spoken to was Eamonn Mulholland. He has confirmed your comments re the handcuffs is correct. Eamonn has already informed the security company that he requires the venue’s security to dress properly in the hi vis vests provided and that under no 

circumstances are they permitted to carry handcuffs. It has been made clear to the actual security officer that was carrying the handcuffs that if he cannot work within the above conditions he will not be working at Opium London. 

 

I hope this assists with the venue’s position.

 

As an aside, there is no need to copy in Craig Bayliss as he is no longer instructed with respect to Opium- my firm is.

Thanks

 

Kind regards

Lana

 

Lana Tricker

Principal, LT Law

 

M: 075257 11530

T: 020 3755 5138

 

This e-mail is confidential and may also be privileged. If you are not the intended recipient please notify LT Law by return e-mail or at the numbers above and delete it, and any copies of it; you must not read, print, copy or use the communication for any purpose, and you must not disclose its contents to any other person. LT Law has taken steps to ensure that this message (and any attachments or hyperlinks contained within it) is free from computer viruses and the like. However, we cannot guarantee that no viruses are present, and we accept no liability for any damage caused by you opening this communication, or any attachments or Hyperlinks contained in it. Lana Tricker is the sole proprietor of LT Law. SRA No: 488281 Authorised and regulated by the Solicitors Regulation Authority.

 

From: Keegan, Francis: WCC <fkeegan@westminster.gov.uk>
Sent: Wednesday, January 2, 2019 9:40 AM
To: Lana Tricker <lana@ltlaw.co.uk>
Cc: Sycamore, David: WCC <dsycamore@westminster.gov.uk>; Webber, Toby: WCC <twebber@westminster.gov.uk>; Jellis, Nigel: WCC <njellis@westminster.gov.uk>; John.Sandlin@sia.gsi.gov.uk; craig.baylis@bplaw.com
Subject: OPIUM 21 Rupert Street

 

To : Opium London Ltd  c/o lana@ltlaw.co.uk

 

Dear Sirs,

 

My colleagues advise me that on a recent visit they spoke to staff about one of the venue’s SIA licensed security staff carrying handcuffs.

 

I am advised that the manager did not know that he was carrying handcuffs and stated the venue does not want them carried as it sets the wrong image.

 

May I have the company’s comments on this matter ?

 

Thank you.

 

 

Francis Keegan
City Inspector Team Manager – City Operations
Public Protection and Licensing

Portland House
Bressenden Place
Victoria
London
SW1E 5RS

Tel: 020 7641 4429
fkeegan@westminster.gov.uk
www.westminster.gov.uk
Please don't print this e-mail unless you really need to.

  

 

   ==========================================================

 

 

 

From: Webb, Adam: WCC
Sent: 31 October 2018 09:16
To: lana@ltlaw.co.uk; Craig Baylis <Craig.Baylis@blplaw.com>
Subject: 18/12503/LIPVM: Opium-21 Rupert Street

 

Dear Ms Tricker/Mr Baylis,

 

Following the venue formerly DSTRIKT being due its Licence Inspection and notification of  variation Ref; 18/12503/LIPVM; I was hoping you could assist me.

 

If possible, could you put me in touch with the incoming DPS/operators or forward this email to your clients? Ideally, my team manager and I would like to meet at the venue near opening time to discuss some historic issues which have previously been noted by City Inspectors which may affect public safety and/or cause potential nuisance.

 

We would be to make these matters known (if they are not already), both in relation to current Licence Conditions for the venue and the overall licencing objectives and hopefully obtain some information regarding intended measures to avoid any future problems in relation to;

 

  • Car parking
  • Taxi drop offs/pick-ups causing highway congestion.
  • Queue management
  • Smoking areas
  • SIA/safety/medical staffing
  • Waste management

 

Thanks very much in advance for any assistance, I look forward to hearing from you/Opium in the near future with contact emails or to arrange an appropriate meeting time at the operators convenience.

 

Yours sincerely

 

Adam Webb

City Inspector

Public Protection and Licensing

 

Westminster City Council

Portland House
Bressenden Place
SW1E 5RS

 

Tel: 020 7641 1718

Awebb2@westminster.gov.uk