Agenda item
ME HOTEL, 335 STRAND, LONDON, WC2R 1HA
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
St James’s Ward / not in a cumulative impact area |
ME Hotel, 335 Strand, London, WC2R 1HA |
Variation |
18/06018/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 19th July 2018
Membership: Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Rita Begum
Legal Adviser: Barry Panto
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Samantha Eaton
Relevant Representations: Environmental Health, Metropolitan Police and 3 local resident’s
Present: Mr Craig Baylis Solicitors (Agent, representing the Applicant, London XXI Limited), Mate Konczos (Logistics Manager and license holder DPS, representing Applicant), Mr Ian Watson (Environmental Health), PC Bryan Lewis (Metropolitan Police), Kate Swann (Local Resident)
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ME Hotel, 335 Strand, London, WC2R 1HA (St James’s Ward/ Not in Cumulative Impact Area) (“The Premises”) 18/06018/LIPV
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1. |
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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):
The Sub-Committee considered an application by London XXI Limited, for a premises licence variation in respect of ME Hotel, 335 Strand, London, WC2R 1HA. The Licensing Officer provided an outline of the application to the Sub-Committee, confirming that photographs and a plan had been submitted with the application. The Licensing Officer also confirmed that representations had been received from the Environmental Health (EH), Metropolitan Police (MP) and three members of the Public.
Mr Baylis confirmed that the Sub-Committee had the most resent version of the conditions and then advised the Sub-Committee that it had before it a variation to the licence and conditions. The premises operates as a Hotel and the Applicant sought permission to use the Southern terrace area on the 10th floor on Thursday to Sunday until Midnight (an increase from 22.30). The Applicant also sought to make a related amendment to condition 37 to allow such access through the Southern Terrace. Mr Baylis advised the Sub-Committee that the residents had been very approachable and a pleasure to work with, making particular reference to Ms Swan.
Mr Baylis then advised the Sub-Committee that Ms Swann brought a review four years ago regarding noise from the hotel and that she was right to do so. Mr Baylis explained that his client was surprised to find that their own acoustics technician found that in Ms Swan’s flat you could hear noise coming from the ME Hotel roof top terrace. Mr Baylis advised that this was bizarre, as Ms Swan’s flat is on the other side of the Strand and the noise was going over the roof, bouncing off the wall and bouncing back again. Mr Baylis explained that for four years his client had not been able to use the roof terrace and he felt that it was time they were given a second chance.
Mr Baylis felt that the conditions proposed were reasonable and would not cause any issues. His client had used TEN’s to test out the hour of operation and use of the roof terrace with no problems. Mr Baylis summarised that the key issues that lead to the review four years ago were overcrowding, vertical drinking and standing above the glass screen to see the great view. After drinking alcohol, customers’ voices became louder and the noise would travel. Mr Baylis was of the view that this could be policed correctly with the new conditions. Mr Baylis advised that this would be no more than 60 people, all seated with waiter service at all time, which would keep patrons below the level of the glass screen which creates the noise. Mr Baylis also explained that his client would have a dedicated SIA door supervisor, to make sure the doors to the terrace remained closed and to ensure patrons remain seated. Mr Baylis advised that his client understands the concerns and the proposed measures would substantially reduce the risk of noise nuisances.
Mr Konczos then explained to the Sub-Committee the details of the previous weekend’s TEN, advising that it went very, very well. Mr Konczos advised that there were problems in the past, but the hotel had spent the last year making changes focusing on the environment rather than the bar; seating and additional staff to ensure customers would be seated straight away. The Sub-Committee questioned Mr Konczos, asking how he knew the TEN had gone well, if the noise is potentially generated elsewhere i.e. in Ms Swann’s flat. Mr Baylis advised the Sub-Committee that it had received no complaints. The Sub-Committee queried whether there had been any other complaints during the last four years. Mr Baylis advised that there had been no complaints, he then took the Sub-Committee through the premises plans, highlighting the terrace area.
The Sub-Committee then heard from PC Lewis, who advised that there were two areas that were of concern to him. PC Lewis felt that the wording was odd and it would be difficult to enforce the SIA conditions (conditions 72 and 77), explaining that ‘all parts’ would be better and suggested alternative wording. The Sub-Committee asked Mr Konczos to confirm how the SIA supervisors would work on the terrace. Mr Konczos confirmed that there would be four door supervisors/staff on at all times. PC Lewis then advised that condition 56 is the old CCTV condition and would need to be updated.
Mr Ian Watson from Environmental Health advised that before the review four years ago, the premises was used as a party venue, with many noise and nuisance complaints from residents and other hotel guests. The premises has since had a major cultural change, new management and since 2014 there have been no complaints received regarding the premises. Mr Watson felt that when the license was granted in 2012, the 10th floor was always going to be an area on concern and, although there was an initial condition which stated that no regulated entertainment should take place on the 10th floor, this condition was later breached.
Mr Watson then advised the Sub-Committee that in considering the new proposed application, he had met with the Applicant and Mr Baylis to discuss conditions, as no conditions were submitted with the application. There were five conditions that were agreed, including people being seated and the provision of a dedicated SIA. Mr Watson then discussed entrance and egress and the doors covering the terrace area. Mr Watson advised that during their meeting they discussed what physical changes could be make and discussed raising the level of the glass barrier. The Hotel had looked into this but that was cost prohibitive. Mr Watson advised that during this meeting there was a discussion relating to people and capacity numbers and he agreed a seating capacity of 60 was reasonable. He noted that no music was allowed on the 10th floor.
The Sub-Committee queried what conditions EH had proposed, bearing in mind that many of the activities that had contributed to the noise, i.e. raised voices above the glass barrier taking in the views, were activities that are not licensable. The Sub-Committee were unsure if the wording “when licensable activities take place” encapsulated the essence of the concern and felt that stronger wording may be required. Mr Watson then showed the Sub-Committee the ornate covering on the south terrace on the submitted plans. Mr Watson then felt that the next area to consider was the management of the premises and suggested trying the new conditions under a TEN and if a TEN application came through, EH would not object if reasonable conditions were attached. Mr Watson felt that it was difficult to gauge the performance on the back of one TEN. All Mr Watson could confirm at this stage was there were no complaints. Mr Watson, then discussed how patrons would be made aware of the restrictions on the use of the terrace, advising that it should fall to the management to ensure that appropriate systems were in place, to avoid noise and nuisance.
Mr Panto sought clarification regarding proposed conditions 73 – 77 as some of them made reference to post 22:30 and some did not. Mr Baylis confirmed that all additional conditions should be post 22:30.
The Sub-Committee then heard from local resident Ms Kate Swann who was representing herself and Mr Thomas Kuppler. Ms Swann advised that the hotel were moving in the right direction, however was disappointed with the level of detail submitted with the application and she said that she had only received a copy of the new proposed conditions that morning. Ms Swann was reassured by EH regarding the number of seated patrons (60), as this was a concern for her.
One area that was still a concern for Ms Swann, was the policing of the proposed conditions, Ms Swann advised that this was an expensive high-end venue, with fantastic views from the south terrace. Ms Swann felt that there could be up to 60 people wanting to take selfies who would probably be quite lively. Ms Swann referred to a record that she had kept (before the 2014 review), where she recorded when she was woken up. This was mainly patrons standing at the edge and talking loudly rather than music. Ms Swann felt that if people could be persuaded to stay seated that would be great, but as the barrier is quite low, Ms Swann was sceptical this could be achieved.
The Sub-Committee questioned the Applicant regarding the action that would be taken to enforce the conditions proposed, specifically regarding the seating and non-standing in the terraced area. Mr Baylis responded, advising that his client was fully aware of the issues that were previously caused. His client had not done anything for four years, but now they wanted to do things correctly. Mr Baylis then advised that the clientele had changed, and that the management had been working with the MP and EH to ensure a reasonable proposal was submitted, to reinstate the terrace on a limited basis and for limited hours. Mr Konczos advised that there were 6 staff in place, who were trained and allocated areas. It was communicated to patrons via staff that the area was seated only. Mr Konczos advised the Sub-Committee that at 22:00, staff would inform all patrons on the terrace area that it would become a seated only area after 22:30; anyone entering the terrace after 22:30 was also informed. Mr Konczos also confirmed that there were approximately 55-65 on that side of the terrace who departed at 23:30. Finally Mr Konczos informed the Sub-Committee that there are 59 members of staff who work on the 10th floor of the Hotel.
The Sub Committed carefully considered all the information presented from all parties, taking into consideration the previous review. The Sub-Committee decided to grant the variation application with further conditions to reduce the impact on residents. The Sub-Committee felt that the Licensee had taken steps to work with residents and had offered suitable conditions that would uphold the licensing objectives.
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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):
The Sub-Committee granted this application (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.
9. 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.
10. 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.
Conditions consistent with the operating Schedule
11. The provision of regulated entertainment is restricted to the basement area only.
12. The number of persons accommodated at any one time within the basement area (excluding staff) shall not exceed 300 persons. (subject to District Surveyor approval).
13. All activities shall be pre-booked and details of the event organiser and event shall be kept for .a period of 21 days after the event.
14. 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.
15. 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.
16. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
17. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
18. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
19. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
20. 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.
21. The certificates listed below shall be submitted to the Licensing Authority upon written request.
o Any emergency lighting battery or system o Any electrical installation o Any emergency warning system
22. Any special effects or mechanical installations shall be arranged and stored so as to minimise 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.
23. 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 person 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.
24. 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.
25. Licensable activity in this area will only be provided to hotel residents and their bona fide guests, persons attending a pre booked function, artists or performers at such functions.
10th Floor 26. The number of persons accommodated at any one time on the 10th Floor (including staff) shall not exceed 240 persons.
27. The supply of alcohol shall be by waiter or waitress service only.
28. There shall be no entry to the 10th floor of the premises after 01.00 except to the following persons:-
o Residents of the Hotel and/or their guests (maximum number of 4 bona fide guests). o A list of the persons on the guest list to be held at the Hotel reception. o Persons attending a pre-booked function - a list of the persons attending the private function to be available at the Hotel reception. o Persons employed by the Hotel proprietor including artistes.
29. Alcohol shall not be supplied to non residents on the rooftop bar area after 02.00 Hours.
30. A noise limiter must be fitted to the musical amplification system set at a level determined by and in consultation with local residents to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
31. The premises licence holder shall ensure that any patrons drinking and/or smoking on the external terrace area do so in an orderly manner and are supervised by sufficient staff so as to ensure that there is no public nuisance.
32. After 22:30 the area marked Terrace 1 (shown hatched on the plan) on the licence plan shall not be used except:
a. On Thursday to Saturday until midnight after which it shall be cleared of all patrons; b. In an emergency at any time; and c. For access to and from the Penthouse Suite at any time
33. All doors to the south terrace to be kept closed after 22.30 hours save for the central door that shall be kept closed except for immediate access and egress.
34. After 22:30 apart from access to and egress from the terrace all patrons on the south terrace are to be seated when licensable activity is authorised.
35. After 22:30 there shall be no more than 60 patrons permitted on the south terrace.
36. After 22:30 there shall be no music on the south terrace.
37. At least four dedicated SIA door supervisors shall be provided in all parts of the 10th floor terrace at all times that it is occupied by patrons, at least one of which is to be in attendance on the south terrace from 22:30 until cessation of licensable activities to ensure good order.
38. Notices shall be prominently displaced at all entrances to the terrace clearly stating that after 22:30 all patrons using the south terrace must remain seated.
39. All SIA registered door supervisors shall ensure that their SIA badges are visible at all times.
First Floor Fine Dining Restaurant (Cucina Assellina Restaurant)
40. Intoxicating liquor in the fine dining restaurant area shall not be sold or supplied on the premises otherwise than to a person seated taking table meals there and for consumption by any such person as an ancillary to their meal.
41. Notwithstanding the above condition, alcohol may be supplied and consumed prior to their meal in the designated bar area.
42. The supply of alcohol shall be by waiter or waitress service only in the fine dining restaurant.
Ground Floor Restaurant and Bars (STK Restaurant and Marconi Bar and Restaurant)
43. Where licensable activity is permitted on the ground floor, the supply of alcohol may only be permitted to non-residents (save for guests of residents and persons attending a pre-booked function) between 08.00 and 02.00 on the day following.
44. On the ground floor where licensable activity is permitted, a minimum of one SIA registered door supervisor shall be on duty at all entrances to the premises from 22.00.
45. There shall be no new entry for non-residents after 00:30.
46. The maximum number of persons (excluding staff) within the ground floor licensed areas between 01.00 hours and 02.00 hours shall not exceed STK Restaurant 200 persons; Marconi Bar and Lounge 60 persons
47. After 1.00am, the sale of alcohol in the ground floor restaurants will be ancillary to food, consumed by seated persons, supplied by waiter / waitress.
48. After 1.00am, the sale and consumption of alcohol in the Marconi bar will be to seated persons, supplied by waiter / waitress.
Ground Floor Reception Area
49. Supply of alcohol to the first floor reception area shall only be to hotel residents and their bona fide guests
50. No regulated entertainment is permitted in the first floor reception area.
All Areas
51. 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.
52. Notwithstanding the permitted hours, alcohol may be supplied to persons residing in the premises for consumption by such persons and their bona fide guests at anytime without restrictions.
53. The Supply of Alcohol 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.
54. 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.
55. All deliveries shall be to the service road leading to the basement delivery area.
56. No loudspeakers shall be located in the entrance area/corridor or external to the building, including the external terrace area on the 10th Floor.
57. No rubbish including bottles will be moved, removed or placed in outside areas between 23.00 hours and 07.00hours.
58. 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.
59. 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.
60. All refuse will be stored internally prior to collection.
61. Any `off' sales of alcohol are to be in sealed containers only and for consumption off the premises.
62. There will be no self-service of alcohol except for in the guest bedrooms.
63. Notices shall be prominently displayed at all exits and on the 10th Floor external roof terraces requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
64. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
65. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises directly off the street.
66. A proof of age scheme, such as Challenge 21, shall be operated at the premises where a customer wishes to purchase alcohol and the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport. 67. There shall be at least one SIA registered door supervisor employed at the entrance to the Hotel at all times.
68. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
69. 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 concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system or searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
70. All beers and lagers sold in glass bottles are to be decanted into drinking containers prior to being served.
71. CCTV will be provided to cover the external area used for tables and chairs
72. All service of alcohol within the external area (edged in red) on the Aldwych as shown on plan JT 1413 shall be by waiter or waitress and to person seated only.
73. Any condition on this licence relating to live music will have effect and section 177A will not apply to such conditions.
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Supporting documents:
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