Agenda item

London Scottish House, 95 Horseferry Road, London, SW1P 2DX

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward/ not in Cumulative Impact Area

London Scottish House, 95 Horseferry Road, London, SW1P 2DX

New Premises Licence

18/12406/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.4

Thursday 6 December 2018

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Susie Burbridge and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Environmental Health and five local residents

 

 

Present: Mr Alistair Wood (Chief Executive, Clerk and Applicant), Mr Warren Foot (Trustee) and Mr Anil Drayan (Environmental Health)

 

London Scottish House, 95 Horseferry Road, SW1P 2DX (“The Premises”) 18/12406/LIPN

1.

Provision of Plays, exhibition of films, Indoor sporting events, boxing or wrestling entertainments, live music, recorded music and the performance of dance:

 

Monday to Sunday: 08:00 to 23:00

 

 

 

Amendments to application advised at hearing:

 

During the hearing the applicant changed the hours to:

Monday to Saturday: 09:00 to 23:00

Sunday: 09:00 to 22:30

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by London Scottish Volunteer Enterprises Limited, (“the Applicant”) for a new licence in respect of London Scottish House, 95 Horseferry Road, SW1P 2DX.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Environmental Health Team had maintained their representation on policy grounds and that there had been residential representations from five local residents.  She further confirmed that the Metropolitan Police Force had withdrawn their representation following the agreement of conditions with the applicant. It was noted that the premises are not situated in a cumulative impact area.

 

 

 

 

Mr Wood (Applicant) advised that the Sub-Committee had before it an application for a new premises licence for a premises situated within a Grade II listed building. This was to be used as an office and event space.  The Sub-Committee heard that the building had been previously leased to the Army on a 30 year lease (the Army had been exempt from having a Premises Licence) and now the Army had handed back the licence the charity wished to continue to hold the events that had jointly been organised with the Army in relation to their community responsibilities.  Mr Wood confirmed that the charity was also happy to comply with the Council’s Core Hours Policy.  The Sub-Committee noted that to hold the events the charity needed a premises licence so it could continue to use the building to promote its Scottish cultural and heritage background through regulated access to its historical features for both business and charitable events.  Mr Wood confirmed that the charity would continue with similar events but with a slightly higher volume of activity to increase revenue in order to continue to operate the building. 

 

Mr Anil Drayan (Environmental Health) advised that Environmental Health and local residents had maintained their representation as the premises was located in a highly residential area but were satisfied that the agreed conditions would promote the licensing objectives.  He confirmed that the building was a Grade II listed building, which held cultural and heritage paintings so the rooms in the building would not be used for vertical drinking or drink led events.

 

Mr Wood advised that approximately 365 events would be held in the building but that not all of these events would be licensable events.  Mr Wood advised that he would be happy if the Sub-Committee wanted to limit the number of licensed events but emphasised that the charity wished to hold as many events as possible so as to maximize revenue to cover the cost of running the building.  Mr Drayan advised that if the Sub-Committee wished to limit the number of licensed events that they do it in the Drill Hall only and that the capacity for each room in the building would not be finalised until the District Surveyor visited the premises. 

 

The Sub-Committee had regard to the oral and written submissions from the applicant, the written representations from those who were not in attendance at the hearing and the evidence given by the Environmental Health Team.  After careful consideration the Sub-Committee agreed to grant the application but added a condition that ‘There shall be no more than 50 licensed events per calendar year when the capacity is over 150 persons (excluding staff)

 

The Sub-Committee noted there had been no history of complaints at the premises and that the Metropolitan Police had withdrawn their representation as they had agreed conditions with the applicant. The Sub-Committee considered the conditions imposed on the Premises Licence to be appropriate and proportionate and was satisfied that they would help promote the licensing objectives.

 

2.

Sale by Retail of Alcohol (On-Sales)

 

Monday to Sunday: 12:00 to 23:00

 

Seasonal variations/Non-standard timings: None applied for

 

 

 

Amendments

 

During the hearing the Applicant reduced the hours for Sale by Retail of Alcohol on Sundays to:12:00 to 22:30

 

 

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.

 

3.

Hours premises are open to the public

 

Monday to Sunday: 08:00 to 23:00

 

 

Amendments

 

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;

 

(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.

 

1.            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.

 

2.            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.

 

3.            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.

 

4.            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.

 

5.            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:

  1. all crimes reported to the venue
  2. all ejections of patrons
  3. any complaints received concerning crime and disorder
  4. any incidents of disorder
  5. any faults in the CCTV system, searching equipment or scanning equipment
  6. any refusal of the sale of alcohol
  7. any visit by a relevant authority or emergency service.

 

6.            Licensable activities at the premises shall only be provided to:

 

i.      Persons attending pre-booked events (by invitation only)

ii.     Staff of London Scottish Headquarters Trust and their bona fide guests

iii.    Members of the Armed Forces and their bona fide guests.

 

7.            A suitable and sufficient Event Management Plan shall be drawn up for each event which must be made available on request to the Responsible Authorities. This should be kept for at least one year and must contain information and assessments, as a minimum, on the following aspects where relevant:

 

                      i.        Details of responsible persons including at least one person with management responsibilities of the licence holder

                     ii.        Stewarding and Emergency Evacuation Plans

                   iii.        Temporary structures (including obtaining any temporary structures licence where necessary)

                   iv.        Use of Special Effects

                    v.        Noise Management Plan including arrival and dispersal arrangements

                   vi.        Provision of sanitary accommodation.

 

8.            All boxing and wrestling events held at the premises shall be sanctioned by the appropriate professional bodies.

 

9.            There shall be no cinema style showing of films

 

10.         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.

 

11.         A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, 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.

 

12.         Regulated entertainment consisting of recorded music and live music shall only be provided in the Drill Hall.

 

13.         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.

 

14.         Notices will be prominently displayed at exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly. 

 

15.         All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

16.         A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

17.         The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

 

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

 

19.         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.

 

20.         No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

 

21.         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

 

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

 

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.         Any special effects or mechanical installations shall be arranged, operated 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 working days prior notice being given to the Environmental Health Consultation Team where consent has not previously been given:

 

• dry ice and cryogenic fog

• smoke machines and fog generators

• pyrotechnics including fireworks

• firearms

• lasers

• explosives and highly flammable substances.

• real flame.

• strobe lighting.

 

25.         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.

 

26.         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.

 

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

 

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

 

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

 

30.         Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

31.         All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall 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, shall be non-combustible.

 

32.         The certificates listed below shall be submitted to the licensing authority upon written request:

a. Any permanent or temporary emergency lighting battery or system

b. Any permanent or temporary electrical installation

c. Any permanent or temporary emergency warning system

d. Any ceiling inspection certificate 

 

33.          Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.  

 

34.          No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the licensing authority. (Where there are minor changes to the layout during any refurbishment new plans shall be submitted to the Licensing Authority as part of any request to remove this condition).

 

35.          There shall be no more than 50 licensed events per calendar year when the capacity is over 150 persons (excluding staff).

 

36.          No licensable activities shall take place at the premises until the capacity of the premises has been determined by the EH Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity to determined.

 

37.          Capacities will be determined for the Basement, Drill Hall, 1st Floor and 2nd Floor when the works condition above is removed and the overall capacity of the entire building shall not exceed 550 persons (excluding staff).

 

 

Supporting documents: