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Agenda item

Caesar Hotel, Ground Floor To Fifth Floor, 26-33 Queen's Gardens, Bayswater, W2 3BD

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Lancaster Gate Ward/ Not in Cumulative Impact Area

Caesar Hotel

Ground Floor To Fifth Floor

26-33 Queen's Gardens

Bayswater

W2 3BD

Premises

Licence

Variation

20/01558/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 4th June 2020

 

Membership:           Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Aicha Less

 

Legal Adviser:         Horatio Chance

Policy Adviser:         Aaron Hardy

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Jessica Donovan

                               

 

Relevant Representations:    The South East Bayswater Residents Association and one local resident (objecting)

 

Present: Ms Sally Fields (Agent, representing the Applicant), Mr Lee Melville (Designated Premises Supervisor), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing the South East Bayswater Residents Association) and Dr Bernard McGinnie (local resident - objecting)

 

Caesar Hotel, Ground Floor To Fifth Floor, 26-33 Queen's Gardens, Bayswater,

W2 3BD (“The Premises”)

20/01558/LIPV

 

1.

Sale by Retail of Alcohol – On Sales

 

Current:

 

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

 

Proposed:

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

 

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 Caesar Management Limited

for a variation of a premises licence in respect of Caesar Hotel, Ground Floor To Fifth Floor, 26-33 Queen's Gardens, Bayswater, W2 3BD.

 

The Licensing Officer introduced the application and confirmed that the Police and Environmental Health had both withdrawn their representations following the agreement of conditions with the Applicant.

 

Ms Hills, representing the Applicant, explained that the application was seeking to vary its existing licence (by the removal of certain conditions as specified below) to permit members of the public to use the bar area located within the Premises which they currently were not permitted to do. This variation was being sought following frequent requests from local residents. The application also sought to reduce the hours permitting the sale by retail of alcohol to core hours. The Police had suggested additional conditions be attached to the licence and the applicant had agreed these including one restricting sales of alcohol after core hours to hotel residents and their bona fide guests on production of a room key card and/or Hotel account card. Conditions had also been agreed with Environmental Health (EH) and the South East Bayswater Residents Association (SEBRA). Ms Hills advised that the Applicant had a good relationship with SEBRA who were broadly supportive of the application. The additional conditions agreed had been forwarded onto the sole residential objector, but it was advised that no response to these had been received. It was confirmed that the application was not seeking to change the current use of the Premises in any way. Any other alterations to the licence were simply to tidy it up as it was an old licence and several conditions required updating. In addition to this a new plan had been submitted detailing the proposed bar area hatched in red.

 

In response to questions from the Sub-Committee Mr Melville, the Designated Premises Supervisor, confirmed that any signage for the bar would be located on Leinster Gardens with the bar operation also planned to be advertised through social media. The bar area was not very large and had a seated capacity of 40 persons. The application was not seeking to extend this area and if all the seating was taken customers trying to enter would be turned away. It was submitted that the bar area was predominantly food-led providing a Spanish tapas style offer. For clarification Ms Hills confirmed that currently only hotel residents and their bona fide guests could enter the bar and what the application sought was to permit members of the public to also access these facilities.

 

Mr Brown, representing SEBRA, explained that SEBRA have tried to take a balanced view of the application and had entered into constructive dialogue with the applicant. A number of conditions had been agreed between the parties, in particular regarding servicing, and therefore SEBRA were generally content with the application. Mr Brown provided an update on the key issues raised in his submissions:

 

1)    Concerns over the location of the bar area had been addressed now this would be hatched in red on the plan. It was also suggested the relevant condition be slightly amended so that alcohol could only be served and consumed by non-hotel residents in the hatched area.

 

2)    He was uncertain whether off sales of alcohol had been applied for, however it was noted that it was planned to reduce the hours permitting any off sales to core hours.

 

3)    It was acknowledged that the hours permitting members of the public to purchase and consume alcohol would be restricted to core hours.

 

4)    It had been proposed to delete condition 11, however it was suggested it be amended to Save for non-residents in the hatched area on the groundfloor” being inserted before the words “Alcohol shall not be sold or supplied”.

 

5)    The applicant was proposing to delete condition 12, this was considered a common condition on licences however and therefore it was proposed to replace it with model condition 41.

 

6)    It was requested that further clarification be provided that patrons would not be permitted to take drinks outside via the Leinster Gardens door.

 

Dr McGinnie, a local resident, advised that this was the third such application submitted for this Premises in the previous twenty years, all resisted by local residents, which sought to allow members of the public to use the bar area in the hotel. His main concern related to the anticipated additional noise created late at night permitting the application would create. It was his view that there were multiple licenced premises in the area where members of the public could purchase alcohol, so it was suggested an additional bar was not required. Dr McGinnie explained that he had no problems with the hotel, but he was concerned the easing of restrictions for the bar area would change the character of the street. It was currently a very quiet, residential street but if granted this was likely to change as far more members of the public would be in the vicinity consuming alcohol.

 

Mr Zamit, representing the South East Bayswater Residents Association, confirmed that he shared Dr McGinnie’s concerns to a certain degree as granting the application would permit 40 members of the public to drink at the bar who would then have to disperse into the wider area when it closed. Comfort was provided however that no complaints had been submitted with regard to the hotel in 10 years, the bar area had a limited capacity and the hours permitting the sale of alcohol to non-hotel residents and their bona fide guests would be restricted to core hours.

 

To address concerns raised Ms Hills confirmed that it was the intention to use the door located on Leinster Gardens as the main entrance and exit for members of the public to the bar. It was not anticipated that anyone would access the bar using the Queen’s Garden entrance. The area where the public could purchase and consume alcohol would be designated on the hatched plan and restricted to core hours only. To address further concerns Mr Melville confirmed that the bar area was predominantly food led and he was content for a condition to be added to the licence requiring substantial food to be available throughout the Premises.

 

Mr Brown requested that if the Sub-Committee was minded to grant the application the slight amendments to the proposed conditions he mentioned earlier be taken into consideration.

 

In response to a question from Mr Zamit, Mr Melville confirmed that there were two windows in the bar area which had restricted openings and would be closed after 23:00 hours.

 

Dr McGinnie expressed concerns that potentially 40 people dispersing from the bar in the evening would detrimentally affect the amenity of local residents. If the Sub-Committee was minded to grant the application however it was requested that the bar area be conditioned to be predominantly food-led.

 

Ms Hills confirmed that the Applicant was content with the proposed amendments to the conditions suggested by Mr Brown. She advised the hotel was a well-run operation and the Applicant was trying hard to work constructively with all relevant stakeholders. Local residents would be invited to visit the bar, which they couldn’t do previously, and have a drink and observe how it operated.

 

The Sub-Committee carefully considered the application and welcomed the constructive dialogue that had been entered into between the Applicant and SEBRA. It was noted that the Premises was not located within a CIA and therefore the application had to be judged on its merits. It was also recognised that representations from the Police and EH had been withdrawn following the agreement of conditions, particularly addressing any servicing issues. The Sub-Committee also took into consideration the agreement to amend some of the existing conditions on the licence strengthening the restrictions on non-hotel residents consuming alcohol. In addition, the hours permitting non-hotel residents to purchase and consume alcohol had been reduced to core hours. The Sub-Committee also considered the Applicant to be a responsible operator and this was evidenced by the fact that no complaints had been submitted about the operation of the hotel in 10 years. The bar area was small in size and the Applicant had confirmed that it catered for a maximum of 40 seated persons. To address any concerns the Sub-Committee therefore considered it appropriate to add a condition to the licence restricting the capacity to 40. Another additional condition requiring substantial food to be offered throughout the Premises was also considered appropriate and provided reassurance that the bar would not become a drink-led destination venue.

 

Having taken into account all the evidence (with consideration being given to the representations received from a local resident and SEBRA), 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, with the conditions proposed restrictive enough to ensure that it promoted the licensing objectives. The Sub-Committee therefore considered that the conditions it had imposed on the licence were appropriate and proportionate and would have the overall effect of promoting the licensing objectives and on that basis granted the application accordingly.

 

The Sub-Committee welcomed the constructive discussions which had taken place however it was also recognised that clear concerns had emerged with regards to the potential impact the application could have on residential amenity in Queen’s Gardens. The applicant was encouraged to ensure non-residents did not leave the Premises via Queen’s Gardens but instead use the nearest rear exit away from local residents. These concerns had been raised and it was expected that the operator would ensure that they did not become an issue during the operation of the Premises.

 

2.

Sale by Retail of Alcohol – Off Sales

 

Current:

 

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

Proposed:

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

 

 

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).

 

3.

Conditions Proposed and now Removed

 

Condition 10:

 

10. Alcohol may be sold or supplied:

 

(a)  On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 10.00 to 00.00

(b)  On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday: 12.00 to 23:30

(c)   On Christmas Day: 12.00 to 22.30

(d)  On New Year's Eve, except on a Sunday, 10.00 to 23.00

(e)  On New Year's Eve on a Sunday, 12.00 to 22.30

(f)    On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

 

The above restrictions do not prohibit:

 

(a)  during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(b)  during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(c)   the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(d)  the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(e)  the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f)    the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(g)  the taking of alcohol from the premises by a person residing there;

(h)  the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(i)    the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

 

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

 

Condition 11:

 

11. Alcohol shall not be sold or supplied:

 

(a)  unless the premises have been structurally and bona fide used, or intended to be used, for the purposes of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises, and unless the premises are bona fide used, or intended to be used, for the purposes of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals;

(b)  on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal, or to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

 

Conditions 12:

 

12. Alcohol shall not be sold or supplied unless suitable beverages other than alcohol (including drinking water) are equally available for consumption with or otherwise as an ancillary to meals served in the premises.

 

Condition 13:

 

13. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

 

(a)  He is the child of the holder of the premises licence.

(b)  He resides in the premises, but is not employed there.

(c)   He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d)  The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

 

In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

 

Condition 17:

 

17. Only residents or their guests will be allowed entry.

 

Condition 23:

 

23. The fire escape door leading on to Leinster Gardens will be kept closed except in an emergency.

 

 

Amendments to application advised at hearing:

 

Following discussions between all the parties the Sub-Committee felt it was more appropriate to amend condition 11 rather than delete it. The amended condition is reproduced below as a new condition 28 with the words “Save for non-residents in the hatched area on the ground floor” being inserted before the words “Alcohol shall not be sold or supplied

 

 

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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children.

 

(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

 

(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;

 

(d)      provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on

 

(i)        the outcome of a race, competition or other event or process, or

(ii)       the likelihood of anything occurring or not occurring;

 

(e)      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.

 

5.        The responsible person shall ensure that no alcohol is dispensed 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).

 

6.        The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

 

7.       (1)       The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

 

(2)      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 a holographic mark.

 

8.        The responsible person shall 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; and

 

(b)      customers are made aware of the availability of these measures.

 

Conditions for Sale of Alcohol:

 

9.        Front lobby to be designated "dry lounge" for the premises.

 

10.      Alcohol shall not be sold or supplied:

 

(a)           unless the premises have been structurally and bona fide used, or intended to be used, for the purposes of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises, and unless the premises are bona fide used, or intended to be used, for the purposes of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals;

 

(b)           on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal, or to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

 

11.      The terminal hour for late night refreshment on New Year’s Eve is extended to 05:00 on New Year’s Day.


 


 Conditions attached after a hearing by the licensing authority:

 

12.      Music will only be used in the background.

 

13.      Doors and windows will be kept closed with exception for ingress and egress.

 

14.       Drinks cannot be taken outside of the premises.

 

          

 

15.      There will be no cash or card payments after the core hours, only Hotel residents and their bona fide guests may be permitted to purchase alcohol on production of a room key card and/or Hotel account card after these hours.

 

16.      Alcohol will only be served and consumed by non-residents in the area shown hatched on the attached plan which shall be limited to no more than 40 persons at any one time.

 

17.     Substantial food and non-intoxicating beverages, including water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

18.     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. 

 

19.     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. 

 

20.     Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them. 

 

21.     A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram. 

 

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

 

(a)    all crimes reported to the venue 

(b)    all ejections of patrons 

(c)    any complaints received concerning crime and disorder 

(d)    any incidents of disorder 

(e)    all seizures of drugs or offensive weapons 

(f)     any faults in the CCTV system, searching equipment or scanning equipment 

(g)    any refusal of the sale of alcohol 

(h) any visit by a relevant authority or emergency service. 

 

23.      No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance. 

 

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

 

25.     No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day. 

 

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

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

 

28.   Save for non-residents in the hatched area on the ground floor alcohol shall not be sold or supplied:

 

(a)      unless the premises have been structurally and bona fide used, or intended to be used, for the purposes of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises, and unless the premises are bona fide used, or intended to be used, for the purposes of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals;

 

(b)    on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal, or to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

 

 

 

Supporting documents: