Agenda item

Bvlgari Hotel, 171 Knightsbridge, London, SW7 1DW

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Knightsbridge Ward/ not in Cumulative Impact Area

Bvlgari Hotel, 171 Knightsbridge, London, SW7 1DW

Premises Licence

Variation

18/14405/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 11th April 2019

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Jacqui Wilkinson and Councillor Aicha Less.

 

Legal Adviser:           Horatio Chance

Committee Officer:   Toby Howes

Presenting Officer:   Kevin Jackaman

 

Relevant Representations: Environmental Health, Knightsbridge Association and Winkworth Sherwood on behalf of the Knightsbridge Residents Management Company Limited.

 

Present:  Jeremy Bark (Solicitor, representing the Applicant), Costas Faltous (Applicant Representative), Dave Nevitt (Environmental Health), Melville Haggard (Knightsbridge Association) and Robert Boktai (Winkworth Sherwood on behalf of the Knightsbridge Residents Management Company Limited).

 

 

Bvlgari Hotel, 171 Knightsbridge, London, SW7 1DW (“The Premises”)

18/14405/LIPV

 

1.

Playing of recorded music

 

 

Current

 

Monday to Saturday: 07:00 to 00:00

Sunday: 07:00 to 23:00

 

Licensable Area: Ground floor bar

 

Proposed

 

Monday to Saturday: 07:00 to 01:00

Sunday: 07:00 to 23:00 (no change)

 

Basement floor bar

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

The Chairman noted that a number of additional papers had been submitted by the Applicant just prior to the meeting and sought the agreement of all other interested parties present that they would accept these to be taken into consideration by the Sub-Committee in its determination of the matter. Dave Nevitt (Environmental Health), Melville Haggard (Knightsbridge Association) and Robert Boktai (Winkworth Sherwood on behalf of the Knightsbridge Residents Management Company Limited) all confirmed their acceptance of these papers respectively.

 

Jeremy Bark (Solicitor, representing the Applicant) stated that the rationale for the variation application was to move the hotel’s ground floor bar to the basement where the hotel restaurant was currently located. The restaurant would be duly moved to the ground floor of the Premises. There would be potential for customers to stand whilst consuming alcohol in the area marked hatched on the plans in the proposed basement bar, however customers would be encouraged to be seated. At the entrance of the Premises, staff would direct customers to the ground floor restaurant or the basement bar accordingly. Mr Bark informed the Sub-Committee that the Premises was undergoing a substantial refurbishment. He then referred to an additional paper circulated that included further amendments to proposed conditions 30 to 39 in the report, following Mr Boktai’s response to them.

 

At this point Mr Boktai advised that he had not seen these further amended conditions.

 

The Sub-Committee then agreed to the Chairman’s suggestion that there should be a short adjournment whilst the Applicant and all interested parties had the opportunity to discuss amongst themselves the most recently proposed conditions before re-commencing the hearing.

 

Upon resumption of the hearing, Melville Haggard (Knightsbridge Association) indicated that he was satisfied with the proposed conditions following discussions and formally withdrew his representation on behalf of the Knightsbridge Association and at that point with the consent of the Sub-Committee Mr Haggard left the hearing

 

Mr Bark then referred to proposed conditions 30 to 39 on pages 37 and 38 of the additional papers circulated. Mr Bark stated that proposed condition 34 which stated that “The supply of alcohol on the ground floor restaurant shall be by waiter or waitress service only, other than to persons seated at the counter who may be served directly” was necessary otherwise customers would be required to take the drinks from the counter and then give these to the waiter or waitress to return back to them. The Sub-Committee was advised that in respect of condition 37 concerning a host being present in the lobby area of the restaurant when it was open to non-residents, that the hours a host would be in attendance would be from 07:00 hours to 01:00 hours and each host would do an eight hour shift. The Sub-Committee noted that the capacity for smokers would be around 12 people.

 

Dave Nevitt (Environmental Health) then addressed the Sub-Committee and stated that he had no particular concerns in respect of the proposed layout changes and the capacity limits and the Premises was well managed. The Sub-Committee was advised that the wording of the proposed conditions had been discussed with the Applicant and residents and he felt that the use of a host carrying out a meet and greet function was helpful. In relation to proposed condition 31 regarding customers consuming alcohol in the hatched bar area of the restaurant, Mr Nevitt suggested that this only be permitted temporarily whilst customers were waiting to be seated and that this condition be re-worded accordingly. He also felt some wording in brackets in conditions 32 and 35 were extraneous and could be deleted because they did not add to the construction of the conditions in terms of their meaning. Mr Nevitt stated that otherwise he was content with the conditions proposed, however he suggested adding model conditions 22, 57, and 67 relating to smoking capacity, prevention of drinks and glasses being taken out of the Premises for customers temporarily leaving the Premises and designation of a smoking area respectively. Mr Nevitt added that the terrace area facing Knightsbridge Crescent might be an appropriate area for designated smoking and he suggested that a capacity of 15 people for this area would be acceptable.

 

Robert Boktai (Winkworth Sherwood on behalf of the Knightsbridge Residents Management Company Limited) confirmed that he was content with the conditions proposed, apart from an amendment to condition 39 (b) to read “Non-residents shall only use the basement bar area between the hours of 7am and 1am on Mondays to Saturdays and 11pm on Sundays and bank holidays.”.

 

At this point, Mr Bark confirmed acceptance of this amendment on behalf of the Applicant. Mr Bank also confirmed acceptance on behalf of the Applicant model conditions 22, 57 and 67 as suggested by Mr Nevitt.

 

The Legal Adviser to the Sub-Committee asked whether the Applicant would be satisfied with a slight re-wording of proposed condition 37 so that it to read “A host shall be present at all times within the ground floor restaurant meet and greet lobby area whenever this area is open to non-residents” and to the deletion of the last two sentences. Mr Bark agreed to this change on behalf of the Applicant.

 

The Sub-Committee granted the application with the proposed conditions as agreed between the Applicant and all interested parties at the hearing. Model condition 22 was added concerning patrons being allowed to leave and re-enter the Premises for activities such as smoking, and limited to 15 people, as suggested by Mr Nevitt on behalf of Environmental Health. Model condition 57 stating that patrons temporarily leaving and re-entering the Premises shall not be permitted to take drinks or glass containers with them and model condition 67 specifying the designated smoking area identified on the plans were also added, following Mr Nevitt’s suggestion. The Sub-Committee also noted that Mr Banks had agreed to model conditions 22, 57 and 67 on behalf of the Applicant at the hearing when adding these conditions to the Sub-Committee’s decision. The Sub-Committee also added a further condition stating that revised plans be submitted and labelled accordingly, including specifying the host area and smoking area, as well as all other licensable activities.

 

In determining the application, the Sub-Committee noted that the Premises was not located in a cumulative impact area and therefore has to consider each case on its individual merits. The Sub-Committee considered that the conditions imposed on the premises licence  would assist the Applicant in promoting the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and on that basis  the application was granted.

 

2.

Performance of live music

 

 

Current

 

Monday to Saturday: 07:00 to 00:00

Sunday: 07:00 to 23:00

 

Licensable Area: Ground floor bar

Proposed

 

Monday to Saturday: 07:00 to 01:00

Sunday: 07:00 to 23:00 (no change)

 

Basement floor bar

 

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

3.

Performance of recorded music

 

 

Current

 

Monday to Saturday: 07:00 to 00:00

Sunday: 07:00 to 23:00

 

Licensable Area: Ground floor bar

 

Proposed

 

Monday to Saturday: 07:00 to 01:00

Sunday: 07:00 to 23:00 (no change)

 

Basement floor bar

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

4.

Exhibition of film

 

 

Current

 

Monday to Saturday: 07:00 to 00:00

Sunday: 07:00 to 23:00

 

Licensable Area: Ground floor bar

 

Proposed

 

Monday to Saturday: 07:00 to 01:00

Sunday: 07:00 to 23:00 (no change)

 

Basement floor bar

 

 

Amendments to application advised at hearing:

 

Recorded music to be provided indoors only.

 

 

 

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

 

5.

Late night refreshment

 

 

Current

 

Monday to Saturday: 23:00 to 00:00

Sunday: 23:00 to 00:00

 

Licensable Area: Ground floor bar

 

Proposed

 

Monday to Saturday: 23:00 to 01:00

Sunday: 23:00 to 00:00 (no change)

 

Basement floor bar

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

6.

Sale by retail of alcohol: On and off sales

 

 

Current

 

Monday to Saturday: 07:00 to 00:00

Sunday: 07:00 to 23:00

 

Licensable Area: Ground floor bar

 

Proposed

 

Monday to Saturday: 07:00 to 01:00

Sunday: 07:00 to 23:00 (no change)

 

Basement floor bar

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

7.

Hours premises are open to the public

 

 

No changes proposed to hours.

 

Premises area to be varied from the ground floor bar to the basement floor bar.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

8.

Variations of Conditions

 

Condition

Proposed variation

 

Condition 31

The sale of alcohol in the main ground floor restaurant shall only be to persons seated at tables and as ancillary to table meals except for hotel residents and up to 3 guests for each resident, (additional guests may be allowed only with the prior authorisation from the manager in writing for specific additional guests, a copy of which shall be held at the hotel reception and made available for inspection at the request of the Police or authorised officer) and save for those seated in the ground floor café area or stood by the café bar counter.

 

Condition 32

The main restaurant in the ground floor and shall be laid out as a restaurant and this area together with the ground floor café area (which shall contain suitable seating arrangements) shall have no more than 140 persons (excluding staff) seated within this area at any one time.

 

Condition 33

The maximum capacity within the basement bar area shall be 90 persons (excluding staff) at any one time. 

Condition 34

The supply of alcohol in the restaurant shall be by waiter or waitress only save for in relation to the café area where such service shall remain available and be encouraged when in use but not be required.

 

Condition 35

The supply of alcohol in the basement bar shall be by way of waiter/waitress service only other than to persons in the bar area immediately in front of the bar (as show more particularly on the plans submitted with the application).

 

Condition 37

A person shall be employed as a host within the ground floor reception lobby/host station to the restaurant and café area (located close to the **** whenever this area is open to non-residents who will greet all persons entering this area and shall monitor the numbers of persons accommodated within this area.

 

Condition 38

The Knightsbridge Green entrance to the ground floor restaurant and café area may be used by members of the public as a entrance or exit to these areas or the basement bar area during the hours when they are permitted to use the … these areas. Whenever, the door is in such use it shall be closed except for access and the reception lobby shall be manned by a host during such use. In addition or the consumption of food or alcohol.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision 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.

 


Additional Conditions

 

9.         The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

 

10.      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 are open to the public.  This staff member shall be able to show Police recent recordings with the absolute minimum of delay when requested.

 

11.       The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

12.       The refuse and delivery arrangements to the premises shall be in accordance with the detailed provisions agreed under the planning consent for the premises.

 

13.      Off sales of alcohol are to be either

(i)            in sealed containers only and for consumption off the premises, or

(ii)          to the serviced apartments on the 7th to 9th floors of the premises,

(iii)         to the small terrace area located in Knightsbridge Green, or to the cigar shop which operates as separate premises on the mezzanine level within the building.

 

14.       There shall be a minimum of 5 personal licence holders employed at the premises. 

 

15.    There shall be no unsupervised self-service of alcohol except for in the guest bedrooms.

 

16.       On occasions when the Knightsbridge Green door is used for public access or egress to the hotel itself notices shall be prominently displayed throughout the time of such use at this exit requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

 

17.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

18.       No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) is inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree or any other property, or is distributed to the public, that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services.

 

19.       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.

 

20.       The premises will employ a dedicated security manager based at the premises and responsible for overseeing all security issues within the premises.

 

21.       The premises shall employ its own internal SIA registered security personnel together with such additional external SIA registered security personnel at it believes is necessary for particular times or days of the week. The numbers of such personnel employed shall be kept under review and will take account of any activities or events being hosted at the premises. In assessing the numbers of personnel required the premises will have regard to any advice provided, or comments made, by the police.  

 

22.       There will be a dedicated manager in respect of and responsible for the bar/restaurant areas and the conference and banqueting areas. Such managers will hold a personal licence. 

 

23.       A concierge shall be employed and be based at the ground floor entrance at all times the premises are open. In addition, there will be valet parking attendants available to persons requiring such service within this area.

 

24.       The premises shall adopt and operate a specific policy in relation to the management of smoking areas outside of the hotel. Such policies shall make provision for any external areas to be monitored and supervised at all times when used.  The primary designated smoking areas shall be on Knightsbridge Green and there shall be no designated smoking areas on Knightsbridge but for the avoidance of doubt this shall not preclude any individual from smoking on Knightsbridge.

 

25.       The following licensable activities may be provided within guest bedrooms for hotel residents at any time; the sale of alcohol and the provision of regulated entertainment consisting of either recorded music or the showing of films.

 

26.       The provision of late night refreshment off the premises may only be provided to the serviced apartments on the 7th to 9th floors of the premises and may be provided during the period 11pm to 5am on any day of the week.

 

27.       Off Sales of alcohol may be provided to the serviced apartments on the 7th to 9th floors of the premises (in line with condition 7) at any time.

28.       Only the following licensable activities may be permitted with these areas; the sale and supply of alcohol, the provision of regulated entertainment (consisting of recorded music, live music, facilities for making music and the showing of films) and late night refreshment.   

29.     The sale of alcohol in the ground floor restaurant area shall only be to persons seated at tables and as ancillary to table meals except for hotel residents and up to 3 guests for each resident, (additional guests may be allowed only with the prior authorisation from the manager in writing for specific additional guests, a copy of which shall be held at the hotel reception and made available for inspection at the request of the Police or authorised officer) save for in the hatched area (as shown on the approved layout drawings) where alcohol may be consumed by persons who are seated and where food shall be available. Within the hatched area up to 10 persons may consume alcohol whilst standing as they temporarily wait to be seated within the ground floor restaurant.

30.      The ground floor restaurant shall be laid out as a restaurant and shall have no more than 140 persons (excluding staff) within this area at any one time.

31.       The maximum capacity within the basement bar area shall be 90 persons (excluding staff) at any one time. 

32.       The supply of alcohol in the ground floorrestaurant shall be by waiter or waitress only other than to persons seated at the counter who may be served directly.

33.      The supply of alcohol in thebasement bar shall be by way of waiter/waitress service only other than to persons in the hatched area immediately in front of the bar.

34.       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.

35.       A host shall be present at all times within the ground floor restaurant meet and greet lobby area whenever this area is open to non-residents.

36.       The Knightsbridge Green terrace area shall not be used for licensable activities or the consumption of food or alcohol.  

37.       (a)       Non-residents shall only use the ground floor restaurant between the hours of 7am and midnight on Mondays to Saturdays and between 7am and 11pm on Sundays and bank holidays.

            (b)       Non-residents shall only use the basement bar area between the hours of 7am and 1am on Mondays to Saturdays and 11pm on Sundays and bank holidays.

 

38.       Only the following licensable activities may be permitted with this area; the sale and supply of alcohol, the provision of regulated entertainment (consisting of recorded music, live music and the showing of films) and late night refreshment.

 

39.       The sale of alcohol within the private dining rooms shall be ancillary to a table meal within this area other than in respect of hotel residents and their bona fide guests or to persons attending a private or corporate function.

 

40.      Non Residents shall only use this area between 7am and midnight on Mondays to Saturdays and between 7am and 11pm on Sundays and bank holidays, save that the use of this area by non residents is extended from midnight to 01.00 Monday to Saturday when the supply of alcohol is to a person seated at a table and for consumption by such a person as ancillary to their meal.

 

41.       The maximum capacity within the private dining area shall be 50 persons (excluding staff). 

 

42.       Only the following licensable activities may be permitted with this area; the sale and supply of alcohol, the provision of regulated entertainment (consisting of recorded music, facilities for making music and the showing of films) and late night refreshment.  

 

43.       Non Residents shall only use this area in connection with licensable activities between 7am to midnight on Mondays to Sundays.

 

44.       The maximum capacity within the business centre area when licensable activities are provided shall 40 persons (excluding staff). 

 

45.       Only the following licensable activities may be permitted within this area; sale and supply of alcohol, the provision of late night refreshment and the provision of regulated entertainment of all descriptions other than indoor sports and wrestling.

 

46.       Non-residents shall only use this area between the hours of 7am and midnight on any day of the week.

 

47.       These areas will be used in conjunction whenever licensable activities are provided and the maximum capacity when licensable activities are provided within this area (either in the pre-screening area, the screening area or both areas combined) shall be 50 persons (excluding staff).

 

48.       Only the following licensable activities may be permitted within this area; sale and supply of alcohol, the provision of late night refreshment and the provision of regulated entertainment of all descriptions other than indoor sports and wrestling.

 

49.       Non-residents may only be allowed to use this area between the hours of 7am and 11.30pm on Mondays to Sundays with the exception that on up to 50 days per year the terminal hour for such use may be extended until midnight.

 

50.       The maximum capacity of these areas when the ball room is used individually or combined with the pre-function room area for licensable activities shall be; 310 persons (including staff) where the event hosted is a standing only event, 140 (excluding staff) when the event is laid out for dinner style seating and 100 (excluding staff) when laid out in theatre style seating.

 

51.       Dedicated conference and banqueting staff will be employed by the hotel to work at any events or functions held within this area and all such staff will be fully trained in relation to relevant provisions and duties imposed under licensing legislation and in relation to the hotel's own operation policies in relation to the use of this area.

 

52.       Whenever an event or function involving licensable activities is hosted within this area then the premises shall ensure that there are a sufficient number of door staff on duty, or employed at the hotel, during the currency of the event in order to ensure the proper supervision of such event or function.

 

53.       The smoking policy implemented by the hotel (see condition '27 above) shall specifically deal with the management of smoking by persons attending an event or function within this area.

 

54.    In respect of the Function Room and Pre-Function Room (Basement 3),where the entire area is used by an external promoter and the promoter will then be solely responsible for organising the event and selling tickets to it, a Form 696 Metropolitan Police Risk Assessment will be submitted for consideration by Police.

 

55.       Access to this area shall be carefully controlled by the hotel's management, security and conference and banqueting staff. In the case of events or functions involving attendance by non-residents then access shall be via the main hotel entrance and the central lift areas.

 

56.       Sufficient members of staff will be on duty to manage such access and egress properly.

 

57.       Access and transport to and from this area will operate in line with the specific policies adopted under the planning consent controlling and managing this issue.

 

58.       Only the following licensable activities are permitted within the Spa areas; the sale and supply of alcohol and the provision of regulated entertainment consisting of recorded music and the facilities for making music, dancing and facilities for dancing (gym area only) and the showing of films.

 

59.       Other than within the Spa reception/café/lounge area within basement level 5, no drinks shall be served in glass containers at any time in the spa area.

 

60.       The Spa areas may only be used by the residents of the hotel and/or apartments and their bona fide guests or by private members of the spa area.

 

61.       These areas may only be used for licensable activities between the hours of 7am and 10pm on any day and non-residents will not be admitted to these areas outside of these times.

 

62.       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.

 

63.       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.

 

64.       All exit doors on designated escape routes leading from the areas set out in condition 17 shall be available at all material times without the use of a key, code, card or similar means.

 

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

 

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

 

67.       Curtains and hangings shall be arranged so as not to obstruct emergency signs.

 

68.       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

 

69.       With the exception of the showing of films in the Hotel bedrooms, no entertainment, performance, service, or exhibition involving nudity or sexual stimulation which would come within the definition of a sex establishment in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986 (whether or not locally adopted), shall be provided under the authority of this licence.

 

 

70.       Loudspeakers shall not be located in the external entrance lobby or outside the premises building with the exception of loudspeakers used in connection with an emergency. 

 

71.       With the exception of designated smoking bedrooms (if any), 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.

 

72.       There shall be no striptease or nudity, and all persons shall be decently attired at all times.

 

73.       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.

 

74.       The operators of the hotel shall organise and offer to host regular meetings with the management company of 199 Knightsbridge to which other resident associations may also be invited. It is anticipated that this will be done on a quarterly basis.

75.       Whenever the premises apply for a temporary event notice then they shall notify the 199 Knightsbridge residents (via its management company) of such Temporary Event             Notice at least 5 days before the event takes place

 

76.       Revised plans must be submitted and labelled accordingly, including specifying the host area, the smoking area and where all other licensable activities will take place.

 

 

Supporting documents: