Agenda item
Annabel's, 46 Berkeley Square, London, W1J 5AT
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No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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1. |
West End Ward/ Not in Cumulative Impact Area |
Annabel’s 46 Berkeley Square London W1J 5AT |
Premises License Variation |
19/06709/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 22nd August 2019
Membership: Councillor Murad Gassanly (Chairman), Councillor Louise Hyams and Councillor Shamim Talukder
Legal Adviser: Barry Panto
Policy Officer: Aaron Hardy
Committee Officer: Toby Howes
Presenting Officer: Kevin Jackaman
Relevant Representations: Two local residents and a managing agent
Present: Stephen Walsh QC (Counsel, representing the Applicant Company), Clare Eames (Solicitor, representing the Applicant Company), Hadi Akin (Chief Executive Officer and Designated Premises Supervisor, Applicant Company), Richard Sharland (Acoustic Agent,, representing the Applicant Company), David Ferguson (speaking on behalf of residents) and Humphrey Dixon (speaking on behalf of Mr Tan).
Declarations of Interest: Councillor Murad Gassanly declared that he had sat on the Planning Applications Sub-Committee that had considered a planning application in respect of these premises.
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Annabel’s, 46 Berkley Square, London, W1J 5AT (“The Premises”) 19/06709/LIPV
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1. |
Conditions
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Conditions being varied:
Condition to be removed:
29. There shall be no loud speakers located on the ground floor external terrace or outside the premises building.
Conditions to be added:
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
Stephen Walsh QC (Counsel, representing the Applicant Company) began by stating that the premises operated as a private members’ club. The premises had been located at 44 Berkeley Square before moving to 46 Berkeley Square in 2018. The premises was spread over four floors and recently a retractable roof to enclose the garden and improve sound insulation had been installed at a cost of around £3 million. Stephen Walsh emphasised the fact that no responsible authorities had made representations after the Applicant Company had liaised extensively with them. It was also essential both in commercial and social terms that the premises operated in a manner that did not impact upon residents. Stephen Walsh confirmed that no changes to condition 14 which restricted sale and consumption of alcohol to members of the private club or their bona fide guests were proposed and the capacity condition (condition 37 in the report) also remained unchanged.
Stephen Walsh then referred Members to the layout as set out in the plans and advised that it was proposed to add two pavement vaults in the licensed area of the premises. There was to be a minor reconfiguration of the doors on the ground floor by the fire escape, whilst the second floor, which was currently used as a store room, would become an Italian restaurant with a capacity of around 60 persons, however this would not affect the overall capacity of the premises. Proposed new conditions 38 and 39 stating that no licensable activities will take place on the second floor library dining room until a capacity limit had been set and a works condition had been put forward as these had been raised as an issue by Environmental Health. Similarly, condition 28 stating that regulated entertainment may only be provided on the ground floor external terrace when the retractable glass roof is fully closed was proposed following Environmental Heath’s advice. Stephen Walsh suggested that proposed condition 29, stating that there shall be no loudspeakers located outside the premises building was unnecessary because of the Live Music Act 2012 stating that this was not licensable between 08:00 and 23::00, and he asked that this be removed, although alternative wording could be looked into if deemed necessary.
Turing to the ground floor external terrace, Stephen Walsh stated that the area would benefit from low volume level ambient music that would not interfere with conversation or impact upon local residents and it would be used as a dining area. The Applicant Company’s sound consultant had assessed that the music volume was at a reasonable level and the Applicant Company wanted to work well with residents. In addition, a local resident had submitted a representation in support of the application. There was also a planning condition stating that any music played at, or adjacent to, the external terrace on the ground floor shall be controlled with a digital limiting device and Stephen Walsh added that the Applicant Company would be willing for a similar condition to be added onto the premises licence, which would also benefit residents. Environmental Health had proposed such a condition be included in the Applicant Company’s supporting bundle, of which the sound levels would be set by Environmental Health and would also allow music to be played in the ground floor external terrace irrespective of whether the retractable roof was closed. Finally, with regard to concerns raised by residents in respect of deliveries, refuse and bottle collections, Stephen Walsh advised that it was company policy to restrict these activities from taking place between 21:30 and 07:30 and the Applicant Company would be satisfied to agree conditions to this effect.
Humphrey Dixon (local resident) then addressed the Sub-Committee and advised that he was speaking on behalf of Steven Tan (local resident) who had submitted a written representation. Humphrey Dixon began by stating that noise in the area was already unbearable and relentless, particularly at night. He suggested that letters received in support of the application may be from club members. With regard to setting a digital noise limit, Humphrey Dixon asserted that damage to hearing started at 110 decibels, and so the limits suggested by Richard Sharland (Acoustic Agent,, representing the Applicant Company) in the supporting document of 105 decibels and 83 decibels respectively for the night club and the ground floor external terrace were too high. In addition, residents were disturbed by laughter and loud conversations from customers of the premises and also from door staff whistling for taxis. Humphrey Dixon also felt that it was not appropriate to permit low level ambient music throughout the day on the ground floor external terrace.
David Ferguson (speaking on behalf of residents) confirmed that he had nothing further to add from Humphrey Dixon’s comments.
The Sub-Committee noted that the Noise Team had not received a formal complaint from residents concerning the premises and sought an explanation from Humphrey Dixon on this. Members also asked if the Applicant Company had been approached when residents had been disturbed by noise and sought further comments in respect of the Applicant Company’s willingness to liaise with residents more. The Sub-Committee sought further clarification as to what residents specifically objected to concerning the application.
The Sub-Committee sought clarification from the Applicant Company that they would agree to conditions restricting deliveries and refuse collections from taking place between 21:30 and 07:30 Monday to Sunday. Members also asked if the noise levels could be set lower in light of Humphrey Dixon’s comments and could residents be involved in noise testing. The Sub-Committee asked how essential was it to the Applicant Company’s business model that it be permitted to be able to play low level, ambient music on the ground floor external terrace, in view that it was surrounded by residential properties.
Barry Panto (Legal Adviser) sought confirmation that the Applicant Company agreed to Environmental Health’s request that a condition be added stating that the ground floor external terrace shall be fully enclosed within the retractable glass roof between 22:30 and 08:00. With regard to the Live Music Act 2012, by way of clarification Barry Panto advised that regulated entertainment was not required to be licensed before 23:00, however this activity could be regulated before 23:00 following a review hearing.
In reply to questions from the Sub-Committee, Humphrey Dixon acknowledged that residents had not submitted complaints to the Noise Team concerning the premises and he stated that on reflection that it would have been a prudent to do so. He felt the Applicant Company’s proposals would worsen the situation. Humphrey Dixon was mildly reassured that that the Applicant Company wished to engage with residents more and he emphasised the need for conditions to be added in respect of deliveries and refuse collections. In respect of a noise limiter, Humphrey Dixon felt that it would be useful if a history of noise levels could be retained. He also suggested that that a flashing light be used to summon taxis for customers of the premises.
In reply to questions from the Sub-Committee, Stephen Walsh on behalf of the Applicant Company confirmed agreement of conditions preventing deliveries and waste collection and the placement of waste outside the premises between 21:30 and 07:30. He advised that local residents had been written to in advance of the application and he agreed to a condition being added stating that the manager of the premises shall provide a publically available direct telephone number for residents and businesses at all times the premises is open. In respect of proposed conditions 28 in the report concerning regulated entertainment on the ground floor external terrace, Stephen Walsh advised that this would only apply after 23:00 because of the Live Music Act 2012, however the condition provided for greater control and clarity on this issue by stating that in addition, regulated entertainment would only be permitted on the ground floor external terrace when it was fully enclosed by the retractable roof. By way of further control on the ground floor external terrace, Stephen Walsh agreed on behalf of the Applicant Company, following a question from Barry Panto, the condition proposed by Environmental Health stating that the ground floor external terrace shall be fully enclosed within the retractable glass roof between 22:30 and 08:00.
Richard Sharland (Acoustic Agent,,representing the Applicant Company) advised that it was possible to set a lower level on the sound limiter and he referred to Environmental Health’s suggested condition stating that the level be determined by, and to the satisfaction of, Environmental Health. Richard Sharland stated that he could record noise levels from residential properties and that it was also possible to install a permanent noise monitor retaining a history of noise levels.
Hadi Akin (Chief Executive Officer and Designated Premises Supervisor, Applicant Company) added that his telephone number was already available to local residents. In respect of the ground floor external terrace, he advised that the music would need to be ambient and at a low volume level as the area operated as a dining area and customers needed to be able to converse with each other easily. Hadi Akin stated that he would ensure that the door supervisors would not whistle for taxis and he concurred with Humphrey Dixon’s suggestion that flashing lights be used to summon taxis.
The Sub-Committee granted the application, subject to additional conditions. This included a condition suggested by Environmental Health and agreed by Stephen Walsh on behalf of the Applicant Company during the course of the hearing stating that the ground floor external terrace shall be fully enclosed within the retractable glass roof between 22:30 and 08:00. The Sub-Committee also added a further condition suggested by Environmental Health regarding the playing of music and the setting of a noise level to be determined by Environmental Health. The Sub-Committee also added model condition MC24 requiring the Applicant Company to provide a direct telephone number for residents and local businesses to contact and model conditions MC35, MC43 and MC65 prohibiting deliveries and placement and collection of waste between 21:30 and 07:30 the following day, in order to address concerns raised by residents and as agreed by Stephen Walsh on behalf of the Applicant Company during the course of the hearing. In respect of model condition concerning deliveries (MC65), the Sub-Committee agreed that the condition be amended accordingly so that it not apply to deliveries of bread by foot.
In determining the application, the Sub-Committee noted the concerns raised by residents in respect of noise and public nuisance. The Sub-Committee advised residents that should future excessive noise from the premises be experienced, that they report it to the Council’s Noise Team. Residents also had recourse to apply to review the premises licence if they felt this necessary. The Sub-Committee also requested that the Applicant Company work more closely with residents to address any of their concerns.
The Sub-Committee noted that the Applicant Company had not sought to extend hours for licensable activities, nor to extend capacity. The Sub-Committee also noted that the premises was not located in a cumulative impact area. The Sub-Committee also considered that the conditions to be added to the premises licence would help the Applicant Company to uphold the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm).
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2. |
Layout Alteration |
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1. Basement - to add two pavement vaults into the licensed area but with no increase in the basement capacity.
2. Ground Floor - to update the plan to show the new configuration of the corridor exiting into Hay’s Mew’s and from the floors above.
3. Second Floor - to update the plan to include the new library dining room area (shown hatched on the attached plans).
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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Conditions attached to the Licence
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Mandatory Conditions
1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.
2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.
3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either— (a) a holographic mark, or (b) an ultraviolet feature.
7. The responsible person must ensure that— (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures— (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
8(ii) For the purposes of the condition set out in paragraph 8(i) above -
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) "permitted price" is the price found by applying the formula -
P = D+(DxV)
Where -
(i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax. (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
9. Admissions of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
Additional Conditions
10 .Thepremises shallinstall andmaintain acomprehensive CCTVsystem aspertheminimum requirementsof theWestminster PoliceLicensingTeam.Allentry andexit pointswillbe coveredenabling frontalidentification ofevery personentering inany lightcondition. TheCCTV systemshallcontinually recordwhilst thepremises isopen forlicensableactivitiesand duringall timeswhencustomers remainonthe premises.All recordingsshall bestored fora minimum periodof 31dayswithdate andtimestamping. Viewingof recordingsshall bemade availableimmediately uponthe requestofPolice orauthorised officerthroughoutthe preceding31 dayperiod.
11. A staffmember fromthepremises whoisconversantwiththe operationof theCCTVsystem shallbe onthe premisesat alltimes whenthepremises isopen.This staffmember mustbeable toprovide aPolice orauthorised councilofficer copiesof recentCCTV imagesor datawiththe absoluteminimum ofdelaywhen requested.
12. Anincidentlog shallbe keptatthe premises,andmade availableon requestto anauthorised officerof theCity Councilor thePolice,which willrecord thefollowing: a. allcrimes reportedtothe venue b. allejectionsof patrons c. any complaintsreceivedconcerning crimeanddisorder d. any incidentsof disorder e. allseizuresof drugsor offensiveweapons f. any faultsin theCCTV system,searchingequipment orscanning equipment g. any refusalof thesale ofalcohol h. anyvisit bya relevantauthority oremergency service.
13. Substantialfood andnon-intoxicating beverages,includingdrinking water,shall beavailableinall partsof thepremises wherealcoholissoldorsupplied forconsumption onthepremises.
14. Alcohol may onlybe soldfor consumptionbymembers ofa privatecluband theirbonafide guests.No personshall beadmitted tomembership oftheprivate clubor beentitled totake advantageof anyof theprivilegesof membershipwithoutan intervalof atleast48 hoursbetween theirnomination orapplication formembership andtheir admission.This conditionshall not applyto personsfrequentingthe specialisttobacconist andcigar lounge.
15. A list ofthenames andaddresses ofmembers oftheClubshall bekept onthe premisesat alltimes togetherwitha bookshowingthe namesanddates ofattendanceof anyguests introducedby members.Boththelist andthe bookshallbe producedondemand forinspectionbythe policeor anauthorised officerof theCouncil.
16. Theapprovedarrangements atthepremises, includingmeans ofescape provisions,emergency warningequipment, theelectrical installationandmechanical equipment,shallat allmaterial timesbe maintainedingood conditionandfullworking order.
17. Themeans ofescape providedfor thepremises shallbe maintainedunobstructed, freeof triphazards, beimmediately availableand clearlyidentified inaccordance withthe plansprovided.
18. All emergency exitdoors shallbe availableatall materialtimes withoutthe useof akey,code, cardor similarmeans.
19. All emergency doorsshall bemaintained effectivelyself-closing andnotheld openotherthan byan approveddevice.
20. Theedgesof thetreads ofstepsandstairwaysshall bemaintained soas tobe conspicuous.
21. Curtains and hangingsshall bearranged soas notto obstructemergency safetysignsor emergencyequipment.
22. All fabrics, curtains,drapes andsimilar featuresincluding materialsused infinishing andfurnishing shallbe eithernon-combustible orbe durablyor inherentlyflame-retardedfabric. Anyfabrics usedinescape routes(otherthan foyers),entertainment areasor functionrooms, shallbe non-combustible.
23. There shallbe nosales ofalcohol forconsumption offthe premisesafter 23.00,save forconsumption inthe specialisttobacconist andcigar lounge.(identifiedonthe plansas 'Retail’)and customerroof terrace.
24. All windowsand externaldoors shallbe keptclosedafter 23:00hours, exceptfor theimmediate accessandegress ofpersons.
25. Noticesshall beprominently displayedat allexitsrequesting patronsto respectthe needsof localresidents andbusinesses andleavethe areaquietly.
26. Noticesshall beprominently displayedat anyarea usedfor smokingrequestingpatronsto respectthe needsof localresidents anduse thearea quietly.
27. No noise shallemanate fromthepremises norvibration betransmitted throughthe structureof thepremises whichgives riseto anuisance.
28. Regulated entertainment may only be provided to the ground floor external terrace when the retractable glass roof covering the external terrace is fully closed.
29. There shallbe noloud speakerslocatedoutsidethe premisesbuilding other than on the ground floor external terrace.
30. During the hoursof operationof thepremises, thelicence holdershall ensuresufficient measuresare inplace toremove andpreventlitteror wastearising oraccumulating fromcustomersinthearea immediatelyoutsidethe premises,andthat thisarea shallbe sweptand orwashed,andlitterand sweepingscollected andstored inaccordance withthe approvedrefuse storagearrangements bycloseof business.
31. There shallbe nosales ofhotfood orhot drinkfor consumption'Off'the premisesafter 23:00hours.
32. A Challenge21 proofof agescheme shallbe operatedatthe premiseswherethe onlyacceptable formsofidentificationare recognisedphotographicidentification cards,such asa drivinglicence, passportorproof ofagecard withthe PASSHologram.
33. A recordshall bekept detailingall refusedsalesof alcohol.The recordshould includethe dateandtime oftherefused saleand thenameofthe memberof staffwhorefused thesale. Therecord shallbe availablefor inspectionat thepremises bythe policeoran authorisedofficer oftheCity Councilat alltimes whilstthe premisesisopen.
34. There shallbe nostriptease ornudity,and allpersons shallbe decentlyattired atalltimes, exceptwhenthepremises areoperating underthe authorityof aSexual EntertainmentVenuelicence.
35. Thehoursthepremises isopened tothe publicand forlicensableactivities isextended fromtheendof permittedhourson NewYear'sEveto thebeginning ofpermitted hourson NewYear's Day.
36. Thehoursthepremises isopened tothe publicand forlicensableactivities isextended byonehour onthe daywhen BritishSummer Timecommences.
37. Thenumber ofpersons permittedonthe premisesat anyonetime (excludingstaff) shallnotexceed:
Basement - 320persons GroundFloor - 250persons First Floor- 150persons Second Floor- 60 persons Smokingterrace (4th floorHaysMews) -60 persons
With nomorethan780 personsat anyonetime.
38. No licensable activities shall take place on the Second Floor Library Dining Room Area until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
39. No licensable activities shall take place on the Second Floor Library Dining Room Area until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
40. The ground floor external terrace shall be fully enclosed within the retractable glass roof between 22:30 and 08:00
41. Any live music or any music played through a PA system or similar system on or adjacent to the external terrace on the ground floor shall be controlled with a digital limiting device. The system shall be 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.
42. 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.
43. No collections of waste or recycling materials (including bottles) from the premises shall take place between 21:30 and 07:30 on the following day.
44. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 21:30 hours and 07:30 hours on the following day.
45. Apart from deliveries of bread on foot, no deliveries to the premises shall take place between 21:30 and 07:30 on the following day.
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Supporting documents:
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Annabels Report_Redacted, item 1.
PDF 1 MB - 1.1 FW Annabel's 46 Berkeley Square - Hearing Thursday 22nd August 2019, item 1. HTM 103 KB