Agenda item - University of Westminster, 4-12 Little Titchfield Street, London, W1W 7UW

University of Westminster, 4-12 Little Titchfield Street, London, W1W 7UW

Meeting of Licensing Sub-Committee (3), Thursday 25th October, 2018 10.00 am (Item 1.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward/ Not in Cumulative Impact Area

University of Westminster, 4-12 Little Titchfield Street, London, W1W 7UW

New Premises Licence

18/07713/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 25 October 2018

Membership: Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

Legal Adviser: Horatio Chance

Policy Adviser: Kerry Simpkin

Committee Officer: Sarah Craddock

Presenting Officer: Michelle Steward

Relevant Representations: Environmental Health Team, Fitzrovia Neighbourhood Association, Middleton Place Residents Association, Councillor Jonathan Glanz (Ward Councillor) and Local residents

Present: Ms Harriet Wells (Solicitor for the Applicant), Mr Alex Fleming (The Applicant andproposed DPS), Mr Dave Nevitt (Environmental Health Team), Mr Fred Drabble representing Mr Christopher Shaw), Mr Christopher Shaw and Councillor Jonathan Glanz

University of Westminster, 4-12 Little Titchfield Street, W1W 7UW (“The Premises”) 18/07713/LIPN
1.	Regulated Entertainment (Indoors): Monday to Thursday: 09:00 to 23:30 Friday to Saturday: 09:00 to 00:00 Sunday: 09:00 to 22:30 Seasonal variations/Non-standard timings: Sunday’s immediately before a bank holiday: 09:00 to 00:00. The premises may provide the authorised licensable activities from the terminal hour on New Year’s Eve to the commencement time on New Year’s Day.
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee considered an application by the University of Westminster The Court of Governors, (“the Applicant”) for a New Premises licence in respect of University of Westminster, 4-12 Little Titchfield Street, W1W 7UW. The Presenting Officer provided an outline of the application to the Sub-Committee. She confirmed that the Metropolitan Police had withdrawn their representation as conditions had been agreed with the Applicant. Environmental Health had maintained their representation on policy grounds. The Premises are located in the West End Ward but not in a Cumulative Impact Area. She further confirmed that representations had been received from the Fitzrovia Neighbourhood Association, Middleton Place Residents Association and local residents and these were in relation to noise nuisance and anti-social behaviour. All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other. Ms Wells advised that the Sub-Committee had before it an application for a new Premises licence. The Sub-Committee heard that the Applicant was proposing to licence the Ground and Lower Ground Floors, specifically Portland Hall, Lecture Theatre G.03 and the Refectory to hire out for both external and private events. These rooms were located in the middle of the University so that no noise created at events would escape from the building. It was stated that the majority of events hosted at the University would be conferences/lectures and amateur dramatic shows performed by students. The Sub-Committee was advised that the Applicant’s use of the Premises was primarily for educational purposes. There was no intention to open a permanent bar or hold regulated entertainment as a primary event except for the odd live performance. Mr Fleming advised that the University was being creative by raising additional funds by hiring out their building for external and private events. The majority of the events would be held during the daytime so would be finished between 9-10pm, however, the University wished to retain Core Hours on their licence for the odd occasion that an event was organised up to 11pm. There would also be no need to apply for Temporary Event Notices under the TENS regime if Core Hours were to be placed on the licence. The University did not intend to let out its space just for drinking and there would always be some type of additional activity linked to the serving of alcohol. He confirmed that the University had an Operational Management Plan that would set out how guests be dispersed after an event in a sensible way so as not to cause nuisance to nearby residents. Ms Wells referred to the representations that had been made from the Responsible Authorities and advised that conditions had been agreed with the Metropolitan Police and the Environmental Health Team. The University had contacted the Fitzrovia Neighbourhood Association who were particularly concerned about the use of Riding House Street as an entrance and exit to the venue for licensable activities and about noise nuisance in the area. She advised that for security purposes only students could use this entrance as one needed to have a swipe card to enter and exit from this door. The Sub-Committee noted that the Applicant had agreed three additional conditions with the Resident Associations regarding the availability of street parking, no take away food and that licensable activities shall be ancillary to the main function of the building as an educational institution. Ms Wells then went through the proposed conditions and advised how they would alleviate the concerns of the residents with a view to promoting the licensing objectives. Ms Wells finally advised that the Applicant was willing to adjust the application to Core Hours for Late Night Refreshment. The Sub-Committee understood the Applicant’s rationale for submitting the application but had to consider in the wider context the views expressed by local residents and Environmental Health in their respective objections. It was on this basis that the Sub-Committee had to be persuaded that the licensing objectives would ultimately be promoted and not undermined having regard to the evidence put before the Sub-Committee. Mr Nevitt advised that as far as Environmental Health were concerned they were happy with Core Hours being placed on the licence. He confirmed that the rooms being licenced were situated in the middle of the University building so there wereno immediate concerns that there would be noise break out from the Premises resulting in nuisance. He further confirmed that at this stage it would be disportionate to request the University to install a noise monitor for the type of events that they were planning to hold at the Premises and the Sub-Committee did not advance this point further. Environmental Health were, however, concerned about the late night dispersal of guests and preferred that the Middle Titchfield Street entry be used because of the high level of security presence in the street and because it was away from residential properties. Environmental Health would also require the University to produce an Events Management Plan that would deal with the management of events at the Premises, to include how the Premises would manage effectively noise nuisance and dispersal of guests. Councillor Jonathan Glanz (representing local residents) advised that the University was very much part of the community and residents understood that it had to find opportunities for staying financially viable but that a balance had to be struck when considering the views of residents. Residents were, however, concerned about the late night noise that would accompany people leaving the Premises after the serving of refreshments and would like a set terminal hour for all activities, as this area was becoming ‘under stress’ because of the increasingly large number of licenced Premises in the area. Residents would also like the University to have an Events Management Plan and an arrangement in place whereby residents be consulted if there was to be a change in events held at the Premises because some of the past music events held at the Premises had caused disturbance to local residents which in turn led to problems with noise and dispersal. The Chairman confirmed for the record that the Sub-Committee could only consider representations from residents that had been received on time. Mr Fred Drabble (representing Mr Christopher Shaw) advised that he echoed the concerns that Councillor Glanz had raised above and emphasised the concern that the area was under stress because of the number of applications for licences being applied for in the area. He advised that Mr Shaw was particularly concerned about the late opening hours, the potential noise nuisance and the increase in the cumulative impact of the residential area. There was also concern about the number and type of events held at the University per week/month. The Sub-Committee confirmed that the Applicant was happy with Core Hours, the condition(s) regarding delivery and collection times and the entry and exit points for students. The Sub-Committee carefully considered all the evidence on its individual merits and decided to grant the licence with the exception of the seasonal variation for New Year’s Eve. The Sub-Committee on taking into account that there were residents living in the area determined that the condition ‘No alcohol shall be consumed more than 30 minutes after the permitted terminal hour for the supply of alcohol’ be added to the licence as provided for by Condition 50 below. The Sub-Committee considered the conditions proposed by the Applicant and the various undertakings and assurances it had given to the Sub-Committee in relation to working with the local community in an efficient and effective manner so as to avoid the risk of nuisance emanating from the Premises by ensuring that each event has an Event Management Plan in place which must be adhered to at all times as provided for by Condition 27 below were good indicators that the application should be granted accordingly. The Sub-Committee considered the conditions it imposed on the Premises Licence, inter alia, relating to CCTV, smoking, delivery times and collections, event management plans, security and general management arrangements of the Premises to be appropriate and proportionate in the circumstances that would help promote the licensing objectives and furthermore would ensure the Premises did not have a negative impact overall on the local area.
2.	Late Night Refreshment (Indoors) Monday to Sunday: 23:00 to 00:00 Seasonal variations/Non-standard timings: The premises may remain open for the provision of late night refreshment from 23:00 on New Year’s Eve to 05:00 on New Year’s Day.
	Amendments to application advised at hearing: The Applicant adjusted the application to Core Hours for Late Night Refreshment during the hearing.
	Decision (including reasons if different from those set out in report): The application was granted, (reasons for decisions are detailed in Section 1) subject to conditions as set out below
3.	Sale by retail of alcohol Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30 Seasonal variations/Non standard timings: Sunday’s immediately before a bank holiday: 09:00 to 00:00 The premises may provide the authorised licensable activities from the terminal hour on New Year’s Eve to the commencement on New Year’s Day.
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): The application was granted, the reason for the decision is detailed in section 1.
4.	Hours premises are open to the public Monday to Sunday – N/A The premises are not open to the general public. The University’s 24 hours Security Team or Receptions require advance notice of visitors and guest lists for both internal and third party events.
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): The application was granted, the reason for the decision is detailed in section 1.

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;

(i) the holder of the premises licence,

(ii) the designated premises supervisor (if any) in respect of such a licence, or

(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

Additional Conditions 9. Alcohol will not be stored on the premises. All alcohol is brought from the University’s wine cellar in Regent Street. The store is locked and under the control of the Catering Manager.

10. All events will be pre-planned and with a full guest list for both internal and third party events.

11. A risk assessment will be carried out for all events to ensure safety of attendees and staff.

12. There shall be no supply of alcohol and provision of late night refreshment otherwise than to persons attending pre-booked events at the premise.

13. Security staff or Stewards shall assist with the departure of guests or attendees from events and encourage them to depart quietly and safely from the premises and the area.

14. All exit points from the premises shall be manned for the duration of any events until 60 minutes after licensable activities have ceased.

15. Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.

16. During events, the Premises Licence Holder shall ensure that there is at least one security officer or steward for every 100 patrons (or part thereof) to manage the effective dispersal of guests from the premises until all guests have left.

17. The Premises Licence Holder shall ensure that any queue to enter the premises which forms outside of the premises is orderly and supervised by security staff or stewards to ensure that there is no public nuisance or obstruction to the public highway. Any queue shall be restricted to the Little Titchfield Street.

18. All guests or attendee’s at an event (excluding members of staff) shall vacate the premises within 60 minutes after the terminal hour for licensable activities.

19. During licensable activities, all guest and attendees (excluding members of staff) shall not enter or leave the premises from the Riding House Street entrance except in the event of an emergency.

20. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

21. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited so far as is possible to 15 persons at any one time.

22. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be restricted to the Little Titchfield Street.

23. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

24. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

25. A direct telephone number for the premises shall be publicly available at all times the premises are open.

26. A log should be kept of all complaints received by the premises in relation to events, whether through the dedicated telephone number or by other means. The log shall be available for inspection by Council Officers at all times when the premises are open to the public.

27. For each event, the Premises Licence Holder shall ensure that there is an Event Management Plan to include, but not limited to: Noise Management Plan; Customer Dispersal Policy and Security & Stewarding arrangement. Such plan shall be kept on the premises and made available immediately upon the request of Police or authorised officer during and up to 31 days after the event

28. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

29. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.

30. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.

31. No deliveries to or removals from the premises including dismantling equipment shall take place between 23.00 and 08.00 hours on the following day.

32. 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.

33. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

34. 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.

35. 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.

36. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

37. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

38. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

39. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

40. No licensable activities shall take at the premises until the capacity of the premises has been assessed by the Environmental Health Consultation Team and a condition detailing the capacity so determined has replaced this condition on the Licence. The capacity shall not exceed 530 persons excluding staff.

41. 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.

42. 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 required.

43. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

44. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.

45. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

46. No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, as licensed premises, shall be displayed outside the premises.

47. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the building as an educational institution.

48. No takeaway food service will be used for the licensable activities.

49. The availability of on-street or off-street parking will not be advertised for events at which licensable activities are to take place, except in relation to parking for blue badge holders.

50. With the exception of residents and their bona fide guests, no alcohol shall be consumed more than (30) minutes after the permitted terminal hour for the supply of alcohol.

Supporting documents:

University of Westminster redacted report, item 1. PDF 1 MB