Cumulative Impact Area
Site Name and Address
Licensing Ref No.
St James’s Ward/ West End Cumulative Impact Area
Hippodrome Casino, The Hippodrome, 10-14 Cranbourn Street, London, WC2H 7JH
LICENSING SUB-COMMITTEE No. 4
Thursday 23rd May 2019
Membership: Councillor Karen Scarborough (Chairman), Councillor Murad Gassanly and Councillor Rita Begum
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Michelle Steward
Relevant Representations: The Metropolitan Police
Present: Mr Craig Bayliss (Solicitor, representing the Applicant), Mr Simon Thomas (Applicant) and PC Bryan Lewis (Metropolitan Police)
Hippodrome Casino, The Hippodrome, 10-14 Cranbourne Street, London, WC2H 7JH (“The Premises”)
Conditions being Varied, Added or Removed
Amendments to application advised at hearing:
Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Hippodrome Casino Ltd for a variation of a premises licence in respect of Hippodrome Casino, The Hippodrome, 10-14 Cranbourne Street, London, WC2H 7JH.
The Licensing officer introduced the application and confirmed that the Licensing Authority had withdrawn their representation following discussions with the Applicant.
Mr Bayliss, representing the Applicant, advised that the Hippodrome owned and operated the Premises next door which he would refer to as the Crystal Rooms. It was submitted that the application was simply seeking to provide the ability for patrons to move between the two Premises even though they had separate licences. Patrons in the Crystal Rooms would be supplied with alcohol from within the adjacent casino. When the original application was made it was for 24-hour service in the Crystal Rooms, however Environmental Health advised that the gambling licence for the Crystal Rooms operated only until midnight. It was suggested that to be compliant with the Council’s Statement of Licensing Policy alcohol should only be supplied to the same hours as the gambling licence. The current off sales therefore only operated until midnight. Subsequently, the gambling licence had been varied to 24 hours and as such the application was seeking to extend the off sale hours in the Crystal Rooms to the same hours. No other changes to the licence were proposed, there would be no off sales of alcohol outside the Premises and an extension in hours for off sales in the Crystal Room was only being sought.
PC Lewis, representing the Metropolitan Police, confirmed that their representation was maintained as the Premises was located within a Cumulative Impact Area (CIA). The application was seeking to sell alcohol to an increased number of people to increased hours in a high-risk area. The Leicester Square area attracted lots of crime and disorder and the proposed increase in hours for off sales would add to cumulative impact in the area. Leicester Square was considered a difficult place to police as reflected in the crime statistics circulated. The Hippodrome was a very popular establishment attracting lots of gamblers as well as people consuming alcohol. The online reviews of the Premises were generally very positive with any bad reviews mainly centreing on people being ejected for being drunk and being refused alcohol. This reflected well on the Premises in terms of its management practices, however these people who could potentially be inebriated and considered a cause for concern would still be located within the CIA and create problems elsewhere.
PC Lewis advised the Sub-Committee that the Premises often held parties and was not just focused on gaming. Further information was required on how it was proposed to provide the off sales of alcohol and how they would be controlled. It was also queried if Premises be open to non-gamers? No conditions had been offered with the application and therefore the Police suggested that an additional condition be added to the licence if the Sub-Committee was minded to grant the application. This condition would require all public entrances to the Hippodrome casino between 23:00 and 06:00 hours to be controlled by SIA security wearing high visibility yellow jackets or tabards. The SIA staff had a very important role in managing queues, protecting smokers, verifying the age of patrons and it was therefore essential that they were highly visible. PC Lewis advised that other casinos in Westminster required their SIA staff to wear high visibility jackets. It was acknowledged that the Applicant did not accept the condition but the Police considered it important. It was further stated that the wearing of high visibility jackets allowed the Police to identify SIA staff if they had to review CCTV footage of incidents and a recent event had demonstrated the importance of this. The Police were not advising that the application be refused but it was for the Sub-Committee to decide if the application would add to cumulative impact.
Mr Bayliss advised that the Licensing Authority had withdrawn their representation and had expressed no concerns that the application would add to cumulative impact. Currently all public entrances and exits at the Premises were managed by SIA door staff. Mr Bayliss did not believe that other casinos in Westminster required their door staff to wear high visibility jackets. It was stated that this style of clothing did not fit the nature of the Premises where the SIA staff were dressed more as hotel concierges, the high visibility jackets were more akin to a nightclub operation which this Premises was not and therefore did not want to give customers frequenting the Premises this impression. The Sub-Committee was informed that the Applicant would request that the application be refused rather than enforce a condition on the licence requiring their SIA staff to wear high visibility jackets.
Mr Thomas, the Applicant, in response to a question with regards to the wine club events held at the Hippodrome explained that these were very small scale events catering for approximately 15 to 20 customers only. It allowed the customers to sample high quality wines and purchase a bottle to consume at home if they wanted. It was considered that the wine club did not form a key part of the business. Mr Thomas advised that the Hippodrome was a world class casino which formed a top tourist attraction in London. It provided various forms of entertainment to customers and due to the character and nature of the Premises all SIA door staff were required to wear concierge clothing in keeping with the Applicants image. They were not nightclub staff as the Premises was a very different operation from a nightclub. There were between 6-15 SIA staff on duty at the Premises 24 hours a day, 7 days a week and this level of staffing was in excess of what was required on the licence in any event. The number of incidents occurring at the Premises where staff had to be identified on CCTV was low but they had to look like concierges 100% of the time. The application was for a minor change to the licence, it would have minimal impact on cumulative impact and was only seeking to permit 10-15 customers to drink alcohol when gaming. At present due to the close proximity of the Crystal Rooms to the casino they could walk 6 yards and get a drink if they wanted anyway. The Crystal Rooms had an SIA presence on site 24 hours a day as well as 24 hour CCTV coverage forming an effective security presence. The police’s request for the SIA staff to wear high visibility jackets was considered disproportionate bearing in mind the nature of the application.
The Sub-Committee was interested to learn that as the Premises was located in a CIA why should the application be considered an exception to policy. Mr Thomas advised that the number of patrons using the Crystal Rooms was very small and currently if they wanted a drink they could walk a very short distance within the same building to get one. The supply of alcohol would be by waiter/waitress service and the proposals only sought to extend the hours patrons could access alcohol in the Crystal Rooms.
The Legal Adviser to the Sub-Committee asked PC Lewis that if there was evidence requiring SIA staff to wear high visibility jackets would increase the level of protection at the Premises. PC Lewis explained that the Hippodrome was a unique operation and not comparable to other premises. Requiring the SIA staff to wear high visibility jackets made them easily recognisable and provided reassurance to the public. The Legal Adviser then sought clarification as to whether there were any instances of crime and disorder at the Premises to justify the additional condition. PC Lewis acknowledged that the Applicant was a responsible operator, however due to the high level of footfall generated in the area by the Hippodrome it had the potential to be a source of incidents. Mr Bayliss confirmed that the Applicant was unwilling to accept a modified condition on the licence requiring the SIA staff to wear high visibility armbands.
After carefully considering the application on its individual merits the Sub-Committee agreed to grant the application. The Sub-Committee noted that the Premises was located within a CIA however it was considered that the application could be deemed an exception to policy. The small capacity of the Crystal Rooms, the fact the supply of alcohol would be by waiter/waitress service and as the Premises was located in the same building as the Hippodrome, would mean it was unlikely to add to cumulative impact. Customers at the Crystal Rooms already had the ability to consume alcohol by walking a very short distance to a bar in the Hippodrome so in practical terms the extension in hours was considered unlikely add to cumulative impact in the local area. The high level of security in place at the Premises also provided reassurance that the extension in hours would be mitigated and not create any disturbance or crime and disorder. The security consisting of SIA staff permanently employed at the Premises 24 hours a day seven days a week in conjunction with a 24-hour CCTV system in operation would ensure the area was effectively monitored and controlled. The request by the Police to impose a condition on the licence requiring the SIA staff to wear high visibility jackets was considered. However, this was not deemed appropriate nor proportionate due to the nature of the operation, which was not that of a nightclub, and because of the extensive level of staffing already in place at the venue which had been established over time.
The Sub-Committee considered the Police evidence but felt that the wearing of high visibility jackets on this occasion was not justified in the circumstances for these Premises. When determining licensing applications, the Sub-Committee had to have regard to the Revised Guidance produced by the Home Office. Paragraph 9.43 on page 76 of the Guidance stated that “the authority’s determination should be evidence-based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve”.
Paragraph 10.10 on page 78 of the Guidance specifically states that the 2003 Act requires that licensing conditions should be tailored to the size, type, location and characteristics and activities taking place at the premises concerned. Conditions should be determined on a case-by-case basis and standardised conditions which ignore these individual aspects should be avoided…”
Having taken into account all the evidence (with due consideration being given to the representation by the Police, the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised. The Applicant had demonstrated that the application was appropriate, and the conditions already placed on the licence would ensure the promotion of the licensing objectives.
Conditions attached to the Licence
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)
(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.
Conditions attached after a hearing by the Licensing Authority
11. Where regulatedentertainment involvesspecial effectssuch aslasersorpyrotechnics, sevendaysprior noticeshall begiven toWestminster CityCouncil EnvironmentalHealth ConsultationTeam.
12. DoorSupervisorswill bedeployed atthepremises tomonitortheentry andexitpointswheneverthepremises areopen after21:00hours.
13. The premises shallcomply withtheappropriateprovisions oftheDSATechnicalStandardsfor PlacesofEntertainment.
14. AnyPremises Licencegrantedunderthe LicensingAct 2003in respectofthisapplication(number 10/03842/LIPN)shall havenoeffect unlessa CasinoLicence isinforce andanysuch PremisesLicence shallbesurrendered tothe LicensingAuthority iftheGaming Licenceisnolongerin force.
15. A personallicenceholdershall beonduty atthe premisesatall timeswhenlicensableactivitiesaretaking place.
16. The saleand supplyofalcohol andtheprovisionofregulatedentertainmentshallbesecondary tothe provisionofcasinofacilities.
17. The supply ofalcohol tothetablesonthefirst floorwill bebyWaiter/waitressservice, savefor tables inthe bararea.
18. Substantialfood andsuitable beveragesotherthan alcoholshall beavailable wherelicensableactivitiesaretaking place.
19. The number ofpersonsaccommodatedatanyonetime (includingstaff)shallnotexceedthe following:
4thfloorcard deck:110persons AuditoriumBalcony:60personsCabaretbalcony:110persons1st FloorCabaret:240persons
With amaximum capacityof2530persons (includingstaff) atanyone time.
20. The operatorsofthe businessand/orthe licenseesshall ensurethat anycapacity limitsset forthepremises isproperlymonitored atall times.Informationregardingthecapacity shallbegiven toanauthorisedofficer orPolice Officeronrequest.
21. Anattendant shallbeondutyin thecloakroom during thewholetime thatitisin use.
22. A minimum oftwodoorsupervisors shallbeondutyatalltimes whenlicensable activitiesaretaking place.
23. The premises licenceholder shallensurethatanyqueue toenterthepremises whichforms outsidethepremises isorderly andsupervised bydoor staffso astoensurethatthere isnopublic nuisanceorobstructiontothe publichighway.
24. The venuewillmaintain acomprehensiveCCTV systemthatensuresall partsofthelicensedpremises aremonitored,includingall entryand exitpointsand thestreet environmentincluding theidentificationofevery personentering inanylightcondition. Allsuch cameras,thatare notunique tocasinos, requiredand approvedbythe PoliceandLicensingAuthority shallcontinually recordwhilstthepremises areopen tothepublicand therecordings shallberetainedand madeavailablefor 31days with timeanddatestamping.Recordingsshall bemade availabletoanauthorisedofficer ora Policeofficer togetherwithfacilitiesfor viewing.The recordingsfor thepreceding twodaysshall bemade availableonrequest.Recordingsoutsidethis periodshall bemade availableat24hoursnotice.All recordingimagery thatisunique tocasinossuch asgamingsurveillance andcash deskimagery willberetainedfor theperiods prescribedbytheGambling Commissionorinthe absenceofa definedtime, inaccordancewiththeexisting procedure.Wherethereis doubtoroverlapthe longestperiodwillapply.(Subject toData ProtectionAct 1998)
25. A staff memberfrom thepremises whoisconversantwiththeoperationofthe CCTVsystem shallbeonthepremises atalltimes whenthepremises areopentothe public.This staffmember shallbecapable ofshowing Policerecent dataorfootage withtheabsoluteminimum ofdelay whenrequired todoso.
26. Loudspeakersshallnotbelocatedintheentrancelobby areas.
27. Noiseand/orvibration emanatingfrom thepremises ortransmittedthroughthe structureshall notbeaudible beyondthe boundaryofthe premisesatanytime.
28. Noticesshall beprominently displayedatexitsrequestingthepublictorespecttheneedsoflocalresidents andtoleavethepremises andtheareaquietly.
29. The means ofescapeprovidedfor thepremises shallatall timesbemaintainedunobstructed,free oftriphazards,beimmediately availableand clearlyidentified inaccordancewiththeplansprovided.
30. The approvedarrangementsatthepremises, includingmeans ofescapeprovisions, emergencywarningequipment, theelectricalinstallationandmechanicalequipment,shallatall timesbemaintained ingood conditionand fullworkingorder.
31. All exitdoors shallbeavailable atall timeswithouttheuse ofa key,code, cardorsimilar means.
32. All emergency doorsshall bemaintained effectivelyself closingand notheld openotherthan byanapproveddevice.
33. The edgesofthetreadsofstepsandstairwaysshall bemarked andmaintainedso astobeconspicuousatall times.
34. Curtainsand hangingsshall bearrangedso asnottoobstruct emergencysigns.
35. The certificateslistedbelow shallbesubmittedtothe LicensingAuthority uponwrittenrequest.
36. Anyspecial effectsormechanical installationsshall bearrangedand storedso astominimise anyrisk tothesafety ofthoseusing thepremises. Thefollowing specialeffects willonly beusedon10days priornotice being giventothe LicensingAuthority whereconsent hasnot previouslybeen given.
· dry iceand cryogenicfog
· smoke machinesandfog generators
· pyrotechnicsincludingfire works
· explosivesandhighly flammable substances
37. Flashingorparticularlybrightlightsonoroutsidethepremises shallnotcause anuisance tonearby properties(saveinsofarasthey arenecessary forthe preventionofcrime).
38. No person shallgiveatthe premisesany exhibition,demonstrationorperformance ofhypnotism, mesmerismoranysimilaract orprocesswhichproducesorisintended toproduceinanyotherperson anyform ofinducedsleep ortrancein whichsusceptibility ofthemind of thatpersontosuggestion ordirectionisincreasedorintendedtobeincreased.
NOTE: (1)This ruledoes notapply toexhibitions givenunderthe provisionsofSection2(1A) and5 oftheHypnotism Act 1952.
39. All wasteistobeproperly presentedand placedoutfor collectionnoearlierthan 30minutesbeforethescheduled collectiontimes.
40. No refuse, includingbottles, shallbemoved,removed ortransferredtoorinoutsideareasbetween 2300hoursand0800hours.
41. All privateand corporateevents inthe VIProomsonthe3rdFloor andthe privatediningareasonthe 2ndfloor withmore than60guests willbenotifiedtoWestminster LicensingPolicegivinga minimum of10workingdaysnotice.All suchnotifications shallinclude thefollowing information:the dateandtimeoftheevent, theduration oftheevent andthe nameoftheorganiser oftheevent. Allsuch eventsshall nottakeplaceifso instructedbythe Police.
42. Uniformedemployeesofthe premiseslicenceholdermaybepermittedtodistribute flyersorleafletsadvertising orpromotingthe premisesoranyofitsevents, facilities,goodsorservices,within 25metres ofany entrancetotheHippodrome Casino,but shallnotdoso ina mannerwhichmaycause anobstructionofthehighway nora nuisancetoanypasser-by.
43. Thepavement within25metres oftheentrances tothepremises shallbekept freeoflitterordebrisarisingfrom thepremises anditsoperation atall timestothesatisfactionofthe Council.
45. Anyflyersdistributed outsidethepremises shallcontainnoreference toany activitylicensedatthepremises forthepurposesoftheSexual Entertainmentlicence.
46. Distributorsoftheflyers willoperatea "Think25"policy.
47. Nomore thantwo personsmaydistribute flyersatanyonetime.
48. Noun-authorisedadvertisements ofany kind(including placard,poster, sticker,flyer,picture,letter,sign orothermark) isinscribedoraffixed uponthe surfaceofthehighway,orupon anybuilding,structure,works, streetfurniture,tree, oranyotherproperty,orisdistributedoutsidethepremises tothepublic,that advertisesorpromotestheestablishment, itspremises, oranyofitsevents,facilities,goodsorservices.
49. Gaming may take placeinthe basementandonground, first,second,thirdand fourthfloors.Cabaretwill belimited tothedesignatedareaonthefirst floor.Designatedrestaurantanddiningareasarelocatedonfirst, secondand thirdfloors.
50. All alcohol servedinthe restaurant willbeancillary tofood.
51. The variationofthePremises Licence(14/07918/LIPV) toinclude (additionofdoubleentrancedoors tothe lounge)will havenoeffect untilthe premiseshavebeenassessed assatisfactory bytheEnvironmentalHealth ConsultationTeam andthisconditionhasbeen removedfromtheLicence.
52. All sales of alcohol for consumption “off” the premises is restricted to:
(a) Sealed containers sold to invited customers of the Hippodrome Wine Club
(b) Patrons who are gaming within the adjacent Hippodrome Bingo premises supplied only through The Street (as shaded on plan reference LA/P-100 dated May 2016) by waiter/waitress service 24 hours per day.
53. Patrons permitted to temporarily leave and then re-enter The Hippodrome Casino or Hippodrome Bingo, e.g. to smoke, shall not be permitted to take drinks or glass containers with them