Agenda item - Grosvenor Square Gardens, Grosvenor Square, London, W1K 6LD

Grosvenor Square Gardens, Grosvenor Square, London, W1K 6LD

Meeting of Licensing Sub-Committee (6), Thursday 5th December, 2019 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

West End Ward /Not in Cumulative Impact Area

Grosvenor Square Gardens

Grosvenor Square

London

W1K 6LD

New Premises

Licence

19/100058/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 5 December 2019

Membership: Councillor Karen Scarborough (Chairman) and Councillor Aicha Less

Legal Adviser: Horatio Chance

Committee Officer: Sarah Craddock

Policy Officer: Kerry Simpkin

Presenting Officer: Kevin Jackaman

Relevant Representations: Environmental Health Service and 5 Local residents.

Present: Matthew Phipps (Solicitor, representing the Applicant), Robert Dudley (Applicant), Gary Grant (Barrister), Chrissy Cullen and Marietjie Donaldson (Grosvenor West End Properties), Dave Nevitt (Environmental Health Service), Richard Brown (CAB Project Officer) and Belinda Harvey (local resident)

Grosvenor Square Gardens, Grosvenor Square, London, W1K 6LD

(“The Premises”)

19/10699/LIPN

Sale by Retail of Alcohol – On and off the Premises

Monday to Sunday: 12:00 to 20:00

Seasonal Variations / Non-Standard Timings:

None

Amendments to application advised at hearing:

None.

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

The Sub-Committee considered an application by Grosvenor West End Properties (“The Applicant”) for a new Premises licence in respect of Grosvenor Square Gardens, Grosvenor Square, London, W1K 6LD.

The Presenting officer introduced the application. He advised that the Police had withdrawn their representation as conditions had been agreed with the Applicant. He further advised that Environmental Health had maintained their representation on policy grounds and 5 local residents had also made representations against the application. The Premises are located in the West End Ward but not in a Cumulative Impact Area.

Mr Matthew Phipps, representing the Applicant, advised that this was an application for a new Premises licence permitting the use of the gardens for various events for a maximum of 68 days per calendar year. The Sub-Committee noted that a licence had previously been granted for a period of 12 months for similar but not identical activities to see how the Applicant managed the Square and promoted the licensing objectives for the licensable activities granted. Mr Phipps gave details of how Grosvenor Estates had actively engaged with the Responsibility Authorities and Resident Associations regarding this new application.

Mr Phipps advised that Grosvenor Estate had been in business for over 300 years and maintained a good reputation. He handed the Sub-Committee a glossy brochure outlining the events that had been successfully held in the Square during the last 12 months whilst promoting the licensing objectives. He emphasised that with the proposed agreed conditions on the new licence the Grosvenor Estate would continue to promote the licensing objectives. Mr Phipps advised that Grosvenor Square Gardens was a much-loved amenity for local residents, workers and the large number of tourists that visited London. He discussed with the Sub-Committee that the September 11^th Memorial and the green space surrounding it would not suffer or be misused whilst events were being held in the Gardens. He referred to proposed conditions 28 and 34 that allowed the Police to veto any events following notification and cease all licensable activities at the events.

Mr Phipps referred to the Premises Licence Application Indicative Event Categories (Categories A-D) and outlined that Grosvenor Estates intended to: hold a wide variety of events for all different ages, that some events would be ticketed but others would be free, the capacity would depend on the category of event and that 25% of the Square would always be available for local residents to use as a local amenity. Mr Phipps referred to the local resident’s representations against the application and advised that the Square should be used for both the benefit and enjoyment of local residents but also for people visiting/working in London. He confirmed that the funds raised from the events were ploughed back into the running and upkeep of the Square as well as some being given to charity.

In response to the Sub-Committee questions, Mr Phipps advised how the 68 days per calendar year allowed for events would be spread across the year and confirmed it was not the intention of Grosvenor Estates to apply for Temporary Event Notices (TENs) for additional events over and above the 68 days. Mr Phipps explained that Grosvenor Estates took a wider view of what/who ‘the community’ were and considered the space should benefit the general public. Mr Phipps advised that ‘Live in the Square’ was held under TENs last year and that none of the representations before the Sub-Committee had stated that Grosvenor Estates had breached the licensing objectives during this event. Mr Phipps then referred to the events held in Hyde Park. The Sub-Committee confirmed to Mr Phipps that each application was judged on its own merits.

Mr Dave Nevitt, representing Environmental Health, advised that Environmental Health had worked with the Applicant on the application and proposed conditions and were no longer concerned about the nature of the proposed events to be held in the Garden. He confirmed that on balance Environmental Health preferred to have this type of licence with comprehensive conditions attached to it rather than have events held by way of Temporary Event Notices. He advised that the Sub-Committee needed to be content that local resident’s concerns had been considered and pointed out that Category B events would be probably the most problematic events as the terminal hour was 23:00hrs. He confirmed that the proposed conditions 11 and 37 ensured that all events needed to be approved by both Environmental Health and the Police.

Mr Richard Brown (CAB Project Officer), representing Belinda Harley advised that their position was twofold: Grosvenor Square Gardens was an inappropriate location for events of the scale proposed by the applicant and that if the application was granted in its current form it would harm the licensing objectives. He stated that the Square was the site of the 9/11 Memorial and residents were concerned that the scale of the events would impinge on the access and use of this space of ‘peaceful contemplation’. Mr Brown further advised that the Square was seen as a very important local amenity especially from residents living on the Peabody Estate. Mr Phipps advised that licensable activities would not take place around the 9/11 Memorial and that a minimal of 25% of the park would be left untouched by events.

Mr Brown referred to his comments on the proposed conditions attached to the additional information Agenda Pack and advised that Temporary Event Notices (TENs) were limited to 21 per year and therefore the use of the Gardens to hold events last year was far less than what was proposed for this new licence. Mr Brown took the Sub-Committee through his proposed changes to the proposed conditions and discussed the removal of waste, deliveries, the movement of equipment in and out of the Square, the use of glass drinking vessels, smoking, an available telephone number, noise and public nuisance and the number of events held during the summer months when resident’s windows would be open and children were on their summer holidays. He emphasised that conditions should be added to the licence for the protection of children from harm as there would be alcohol served at these events.

Mr Brown referred to the different categories of events and emphasised that residents considered the folllowing:

Category A: the maximum capacity of 2000 person was too high.

Category B: the terminal hour of 23:00 was too late.

Category C: the number of events and the terminal hour of 20:30 were too high

Category D: the maximum capacity of 1000 person was too high.

Ms Belinda Harvey (local resident) stated that in her opinion there had been a lack of consultation between the Applicant and the residents regarding the application and there was now a lot of anxiety amongst residents regarding the selling of alcohol in the Gardens. She advised that she had lived in the area for some 30 years and was not asking for events to be ruled out completely. She wished for a balance between the best interests of the square, local residents and those that want to exploit the space with appropriate safeguards in place for a limited number of events.

Ms Harvey advised that the Garden was very important to residents and workers and there was a social concern as the children, mothers and elderly people from the Peabody Estate used the Gardens regularly. She further advised that the 11th Memorial was located at the heart of Grosvenor Square which had turned the Garden into an international place of pilgrimage for all who grieve: it was therefore an inappropriate place for late-night open-air drinking. She outlined that the Garden also could be harmed with excess rubbish, smoking butts, urination and large numbers of people drinking and causing noise nuisance, especially during the summer months when the grass was particularly vulnerable. She considered that events would be best held during the early spring or late September. She further considered that ‘less was more’ and requested that the Sub-Committee considered licensing fewer events with conditions that promote the licensing objectives.

Mr Phipps responded to the resident’s representation and confirmed that consultation had taken place with the Responsibility Authorities and Resident Associations and all comments had been considered and covered in the proposed conditions. He stated that the Grosvenor Estate looked after and cleaned the Park everyday whether there was an event or not taking place and emphasised that there was CCTV in operation in the Park. He concluded that there had never been any complaints regarding the previous events held in the Park.

The Sub-Committee after taking into consideration all the evidence before it and the various undertakings given by the Applicant during the course of the hearing was of the opinion that the conditions it had imposed on the licence were appropriate and proportionate and would help ensure the promotion of the licensing objectives The Sub-Committee further noted the concerns of the local residents regarding the number and types of events proposed in the Square but considered it was not necessary to make their proposed changes to the conditions which had already been agreed with Environment Health and the Police. The Sub-Committee further noted that the Police had withdrawn their representation as they had agreed conditions with the Applicant. The Sub-Committee therefore granted the application accordingly with conditions.

Plays, Films, Live Music, Recorded Music, Performance of Dance, Anything of a similar nature - On and off the Premises

Monday to Saturday: 11:00 to 20:00

Seasonal Variations / Non-Standard Timings:

None

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the application (see reasons for decision in Section 1).

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

The Sub-Committee granted the application (see reasons for decision in Section 1).

Hours Premises are Open to the Public

Monday to Sunday: 08:30 to 20:30

Seasonal Variations / Non-Standard Timings:

None

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the application (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;

(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 by the Licensing Authority after a hearing:-

9. Admission 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.

10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

11. All events taking place in the Garden will be subject to individual Risk Assessment.

12. The Grosvenor Square Management Group (which comprises of Grosvenor GBI, local stakeholders, including amenity societies, residents, businesses, The Royal Parks and relatives of the Memorial to the victims of 9/11) will be informed of all events taking place within the Garden.

13. There will be a maximum of 68 days of events taking place per calendar year.

14. Events will be split into 4 categories: A, B, C and D.

15. Category A events will take place on no more than 28 days per year, with a terminal hour of 20:30 and a maximum capacity of 2000 persons.

16. Category Aevents will be free, un-ticketed and open to the public.

17. Category B events will take place on no more that 10 days per year, with a terminal hour of 23:00 and a maximum capacity of 500 persons.

18. The sale of alcohol during Category B events will be ancillary to the serving of food.

19. Category B events will feature 2 distinct service times: Lunch and Dinner, with no licensable activities taking place between the 2 service times (for example 12:00 – 15:00 / 17:00 – 22:30). Full details will be outlined in the Event Management Plan.

20. Category Cevents will take place on no more than 26 days per year, with a terminal hour of 20:30 and a maximum capacity of 850 persons.

21. Category Cevents will be free, un-ticketed and open to the public.

22. Category D events will take place on no more than 4 days per year, with a terminal hour of 18:00 and a maximum capacity of 1000 persons.

23. Category D events will be free, un-ticketed and open to the public.

24. Each event will be presented to WCC’s Events and Filming Team for consideration as to whether or not the event should be subject to Safety Advisory Group discussion.

25. The premises Licence holder shall comply with all reasonable requirements of Westminster Police Licensing Team, the London Fire and Emergency Planning Authority and Westminster City Council's Environmental Health Consultation Team and Westminster City Council’s Filming & Events Team.

26. Licensable activities and the consumption of alcohol at the premises shall only be provided ancillary to the primary use of the premises as a Garden Square.

27. Non-intoxicating beverages, including drinking water, shall be available to patrons throughout the permitted hours for the sale or supply of alcohol.

28. The Westminster Police Licensing Team and Police Events Planning Team shall be notified 14 days in advance of any event during which licensable activities will be provided. The Police have the right to veto any event following notification.

29. An agreed minimum number of SIA licensed door supervisors shall be on duty at the premises at times when licensable activity is taking place. The minimum number of SIA security shall be agreed with the Westminster Police Licensing Team and/or Police Events Planning Team 14 days in advance of the event.

30. All SIA Door Supervisors shall wear yellow or orange high visibility tabards or jackets at all times with the word Security clearly displayed. When they are on duty they shall have their SIA licences on display at all times.

31. A search policy shall be agreed with the Westminster Police Licensing Team and/or Police Events Planning Team 14 days in advance for all events for customers and staff. The search policy will set out the extent of the search i.e. bags or bags and full outer clothing pat down and will be based on a written risk assessment, that can be provided to the Responsible Authorities upon request. Male and female Security will conduct searches of customers of the same gender. Notices shall be displayed stating that a refusal to be searched will result in a refusal of entry. Any such refusals will be noted an Incident and Refusal Log

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

(a) All crimes reported to the venue

(b) All ejections of patrons

(d) Any incidents of disorder

(e) Any refusal of the sale of alcohol

(f) Any visit by a relevant authority or emergency service

(g) Any faults to the CCTV system

33. All instances of crime and disorder shall be reported to the police.

34. On request of a senior Police Officer, the premises shall cease all licensable activities and only resume licensable activities when authorised by a senior Police Officer.

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

36. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

37. A suitable and sufficient Event Management Plan that helps to promote the licencing objectives shall be drawn up prior to an event and submitted for approval to the Licensing Authority, Environmental Health and Police Licensing & Police Events Planning Team. A draft of this document will be submitted a minimum of 28 days prior to the event with a final version being submitted a minimum of 14 days prior to the event. This shall be kept for at least one year following the event and shall include where necessary, details on the following aspects:

(a) Emergency and Evacuation Procedures

(b) Crowd Management and Stewarding arrangements

(d) A detailed site plan showing all permanent and temporary structures and all access and egress points

(e) Capacity at any one time

(f) Information on certificates from competent persons on Structures, Electrical Power Supply and Gas equipment (including LPG)

(g) First Aid and Lost Children arrangements

(h) Noise Management Plan

(i) Risk Assessments

(j) Waste Management Plan

(k) Sanitary accommodation

(l) Public Liability Insurance

(m) The setup and break down arrangements for the event

(n) The dispersal of customers at the end of the event

(o) The nature, style and content of the event

38. When creating the Event Management Plan, reference will be made to the following publications (or any replacement thereof): The Event Safety Guide (purple guide), Guide To Safety At Sports Grounds (green guide), FRSA - Open Air Events and Venues.

39. A communication system shall be provided to ensure the effective operation of the site under both normal and emergency evacuation conditions.

40. All drinks sold or supplied shall only be in open polycarbonate or crushable vessels unless prior exemption has been obtained from the Environmental Health Consultation Team for a specific event in writing or by email.

41. Events featuring glassware on site will feature the following measures:

Cleaning/Back Bar staff to be on duty to clear any breakages promptly

Spot Sweep (long handled dustpan and broom) to be available to facilitate the safe clearing of breakages.

42. Following Risk Assessment certain events will operate with an Event Safety Advisor on duty. This will be detailed in the Event Management Plan.

43. In the absence of daylight, there will be sufficient lighting installed whilst the premises are open to the public.

44. When disabled persons are present, there must be sufficient numbers of staff and adequate arrangements in place to ensure their safe evacuation in the event of an emergency.

45. Disabled persons on the Premises must be made aware of such Emergency arrangements by staff and the use of appropriate signage.

46. Suitable and sufficient supplies of First Aid equipment and materials must be available on the Premises at all times.

47. Music shall not emanate from the premises so as to cause nuisance to nearby properties.

48. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises which gives rise to a nuisance, including the setting up and breaking down of an event.

49. No waste or recyclable materials, including bottles (bottling out), shall be moved, removed from or placed in outside areas between (21.00) hours and (08.00) hours on the following day.

50. A direct telephone number for the manager at the premises shall be publicly available at all times licensable activities are taking place at the premises. This telephone number is to be made available to residents and businesses in the vicinity.

51. Where regulated entertainment is provided a Noise Management Plan shall be submitted to WCC EHCT at least 14 days in advance of the event.

52. All deliveries and collections relating to events will be scheduled to take place between 07:00 - 19:00. Should it be necessary for any deliveries to take place outside of these hours, prior notification will be made to the Grosvenor Square Management Group and residents in Grosvenor Square.

53. Prominent, clear and legible notices must be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

54. In relation to the sale of alcohol, a Challenge 25 policy will be in operation at all events and only approved ID will be accepted: Passport, Photo Driving Licence, Prove It Card with PASS hologram, Military ID Card.

55. Challenge 25 signage will be on display at all alcohol service points.

56. The PLH, DPS and staff should record any refusals of alcohol to young people in the Incident and Refusal Log. The Log shall be checked and where necessary updated and signed monthly by the Designated Premises Supervisor (DPS). The refusals log shall be made available for inspection by the Licensing Team, Police or Trading Standards.

57. Unaccompanied children will not be permitted on the Premises after 21:00 during any event.

58. A ‘Lost and Found Child Policy’ will be prepared and implemented.

59. Events operated by Grosvenor directly will feature an appropriate number of DBS checked staff (based on a written Risk Assessment within the Event Management Plan). For events operated by approved third parties, similar assurances will be sought.

Supporting documents: