Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	Application	Licensing Reference Number
1.	St James’s Ward / Not in a cumulative impact area	London School Of Economics & Political Science, Houghton Street, London, WC2A 2AE	New premises licence	20/01701/LIPN

 

LICENSING SUB-COMMITTEE No. 5

Thursday 11 June 2020

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Jim Glen and Councillor Maggie Carman

 

Legal Adviser:             Horatio Chance

Committee Officer:      Georgina Wills      

Policy Officer:              Aaron Hardy

Presenting Officer:      Jessica Donovan

 

Declaration of Interest:

 

Councillor Murad Gassanly declared an interest in respect to Item 1 and advised that he was a former student at the London School of Economics and a member of the University’s Alumni.

 

 

London School Of Economics & Political Science, Houghton Street

London, WC2A 2AE

 

Application for a New Premises Licence [20/01701/LIPN]

 

 

Relevant Representation:        Environmental Health

 

Present: Philip Somarakis (Legal Representative, London School Of Economics & Political Science), James Hann, (Applicant, Chief Executive, LSE Students Union, London School Of Economics & Political Science), Jacqui Beazley, Head of Catering London School Of Economics & Political Science) and Sally Fabbricatore (Environmental Health)

 

 

This is an application by the London School Of Economics & Political Science (LSE) (The Applicant) was seeking a new premises licence for a Higher Education Institute at Houghton Street, London, WC2A 2AE. It is situated within the St James’s Ward and is not within one of the Council’s Cumulative Impact Areas.

 

DECISION

 

 

The application is granted for the following activities and hours:

 

Retail Sale of Alcohol [On sales]

 

(1)   Grant permission for the retail sale of alcohol on the premises Monday to Saturday from 10:00 hours to 23:00 hours and Sunday from 10:00 hours to 22:30 hours.  In addition, twelve ‘major events’ per year are permitted, as defined below, to include one event each year known as the Summer Ball Event on a Friday orSaturday in May and June until 02:00 hours.

 

Late Night Refreshment [Indoors and Outdoors]

 

(2)   Grant permission for Late Night Refreshment for the Summer Ball event until 02:00 hours.

 

Live Music and Recorded Music [Outdoors]

 

(3)   Grant permission for Regulated Entertainment both indoors and outdoors including films, plays, live music recorded music, performance of dance and anything similar Monday to Saturday from 10:00 hours to 23:00 hours and Sunday from 10:00 hours to 22:30 hours to include one event each year known as the Summer Ball Event on a Friday orSaturday in May and June until 02:00 hours.

 

(4)   Confirm that the Hours the Premises shall be open to the public Monday to Sunday shall be 00:00 to 00:00 hours.

 

(5)   The licence is subject to any relevant mandatory conditions.

 

(6) The licence is also subject to the conditions as specified below and agreed  with the Applicant, Metropolitan Police, Environmental Health and the Covent Garden Community Association which are appropriate and proportionate to promote the licensing objectives.

 

SUBMISSIONS AND REASONS

 

 

The Sub-Committee considered an application by the London School Of Economics & Political Science (The Applicant) for a new premises licence in respect of Houghton Street, London, WC2A 2AE.

 

The Presenting Officer introduced the application and advised that thePremises currently operates as an University.  The Premises is divided into separate areas in relation to the licensable areas and has the benefit of three premises licences. The Applicant sought licensable activities on the premises to allow the sale by retail of alcohol, allow for late night refreshment for one event and to allow the provision of regulated entertainment both indoors and outdoors be carried out at various “small” events within the external area of the London School of Economics campus for students and guests. The majority of activities will cease by 23.00 on Monday to Saturday and 22.30 on Sundays. The applicant had also sought permission for one major event to take place during May or June each year (which was described as the summer ball) and sought an extension of hours until 02.00 on the day following the event for all licensable activities.

 

The Metropolitan Police had withdrawn their representation following additional Conditions being agreed by the Applicant. The Covent Garden Community Association also withdrew their representation.

 

Philip Somarakis, the Applicant’s Legal Representative advised the Sub-Committee that Conditions which had been proposed by the Responsible Authorities and The Covent Garden Community Association had been agreed by the Applicant. He informed that the nearest sensitive noise receptor was located 75 Meters and was a Public House and that the establishments terminal hour was 23:30. Mr Somarakis advised that neighbouring establishments would be consulted about events. The Oxford City Council’s Procedure on overseeing University Summer Balls had been taken into consideration by the Applicant.  

 

James Hann, Chief Executive, LSE Student Union, advised that the London School of Economics was a world-renowned University and that its students came from over 144 countries. The Sub-Committee was advised that it was proposed to host several events for staff, students and guest which included a Summer Ball. The events will be catered to students’ preferences and be reflective of their multi-cultural backgrounds. The external licensable area of the campus will solely be used by the University and would not be available for private hire. 

 

Sally Fabbricatore, Environmental Health Officer, confirmed that there had been pre-application advice provided to the Applicant and that representation has been maintained as the hours sought for the Summer Ball was beyond the terminal hour.  The Sub-Committee was advised that the proposed location for activities included areas which were owned by the University and Westminster Council. Ms Fabbricatore commented that the Applicant should be limited to holding one major event which had a terminal hour after 02:00 per year and be Conditioned to only have twelve small events during the same time period. An Event Management Plan should be required for all events in which 500 or above guests will be in attendance.

 

In response to questions from the Sub-Committee, Mr Hann advised that a Condition which restricts the annual major event (Summer Ball) to be only held on a Friday or Saturday and this be in the month of May or June and that the event terminates at 02:00 would all be accepted.

 

Having carefully considered the terms of the application and the representations received, both verbally and in writing and on its individual merits the Sub-Committee granted the Application. In determining the Application, the Sub-Committee granted the retail sale of alcohol on the premises on Monday to Saturday from 10:00 hours to 23:00 hours and Sunday from 10:00 hours to 22:30 hours.  In addition, twelve ‘major events’ per year were permitted and this included one event each year known as the ‘Summer Ball Event’. The Sub-Committee noted that the Applicant had agreed for the Summer Ball to be held on a Friday or Saturday in either May and June. This Event will take place until 02:00 hours.The Sub-Committee also included the Conditions which had been agreed with the Applicant, Metropolitan Police, Environmental Health and the Covent Garden Community Association. The Sub-Committee was of the opinion that the Conditions imposed on the licence were appropriate and proportionate and would have the overall effect of promoting the licensing objectives and therefore granted the Application accordingly.

 

 

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.

 

 

Conditions attached after a hearing by the licensing authority:

 

 

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

 

10.There shall be no permanent fixed bar/s in thelicensed space.

 

11.  The sale of Alcohol shall be ancillary to the main use of the area as an event space used by the London School of Economics.

 

12.  In the licensed space there shall be a maximum of 12 'major events' in any 12-month period. A 'major event' is triggered when any of the following takes place:

? A capacity of over 500 persons

? Temporary structures are present which require Building Control                         approval

? The music level is audible at the site boundary

? Events that use WCC land

 

13.  A record of these events shall be kept on site for a minimum of one year and be made available for inspection by an authorised officer.

 

14.  Save for the 'major events' no amplified music shall be audible at the site boundary.

 

15.  At a ‘major event’ the Music Noise Level shall not at 1 metre from the façade of any noise sensitive premises exceed the background noise level by more than 15dB(A)over a 15 minute period throughout the duration of the event.

 

16.  For any event that operates beyond 23:00 hours (with the exception of the Summer Ball where this condition shall apply where the event operates beyond midnight) there shall be no music noise audible within noise sensitive premises with windows open in a typical manner for ventilation.

 

17.  For all major events no music noise shall be audible within noise sensitive premises with windows open in a typical manner for ventilation after 23:00 (save for the Summer Ball where this will apply after 00:00).

 

18.  For a ‘major event’ unless otherwise agreed, no later than 28 days prior to the event, the Premises Licence holder must ensure an Event Management Plan is presented to the Environmental Health Consultation Team, The Westminster Licensing Police and The City Promotions Events and Filming Team for their comments. The Event Management Plan shall include, as a minimum:

 

i) Emergency and evacuation procedures

ii) Crowd management and stewarding arrangements

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

v) Capacity at any one time

vi) Certificates from competent persons on Structures, Electrical Power         Supply and Gas equipment (including LPG)

vii) First Aid and Lost Children arrangements

viii)Noise Management Plan including details of resident engagement and details of how the low frequency will be controlled

ix) Risk Assessments

x) A waste management plan

xi) Sanitary accommodation

xiii) The setup and break down arrangements for the event

xiv) The dispersal of customers at the end of the event.

 

19.   For all other events an Event Management Plan detailing the points above shall be written and kept for at least one year and made available to authorised officers if requested.

 

20.  So far as is reasonably practicable the Premises Licence Holder shall ensure that the event is run in accordance with the Event Management Plan.

 

21.  In the licensed space the maximum number of persons accommodated at any one time shall not exceed 1000 persons (as agreed with the District Surveyor).

 

22. For a 'major event' the Event Manager or his authorised representative             shall be responsible for liaising with local residents and organisations to notify them at least 14 days in advance and providing them with a   complaints `hotline'           telephone number, for any licensable activity        taking place in the licensed space.

 

      23.The licence holder shall ensure that any queue to enter the licensed space which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

 

      24.When temporary seating is provided within the licensed space the            following arrangements shall be complied with:

• Where the number of seats exceed 50, seats should be secured        together in lengths of not less than 4.

• Where the number of seats exceed 250, seats should be secured        together in rows and fix the ends of the rows to the floor or to each             other by using chamfered bars.

• Where the number of seats exceed 600, fix all seats individually to the             floor.

 

     25. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the       authority of a Sexual Entertainment Venue licence.

 

      26. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

 

     27. 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.

 

     28. Flashing or particularly bright lights on or outside the premises shall not            cause a nuisance to nearby premises.

 

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

 

      30. The edge of the treads of steps and stairways shall be maintained so       as to be conspicuous.

 

     31. There shall be at least one personal licence holder on site during operational hours. Details of the personal licence holder (including             name and contact number) shall be displayed in a prominent position       on site.

 

     32.  No alcohol shall be taken outside of the boundary of the licensable     area.

 

     33. No hot food or hot drinks shall be taken off site beyond 23:00 hours.

 

     34. Notices shall be prominently displayed at all exits requesting patrons to            respect the needs of local residents and businesses and leave the area             quietly.

 

     35. A 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.

 

     36. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

 

     37. 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:

 

i. all crimes reported to the venue

ii. all ejections of patrons

iii. any complaints received concerning crime and disorder

iv. any incidents of disorder

v. all seizures of drugs or offensive weapons

vi. any refusal of the sale of alcohol

vii. any formal visit by a relevant authority or emergency service.

 

     38. Any special effects or mechanical installations shall be arranged, operated and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the licensing authority where consent has not previously been given.

• dry ice and cryogenic fog

• smoke machines and fog generators

• pyrotechnics including fireworks

• firearms

• lasers

• explosives and highly flammable substances.

• real flame.

• strobe lighting.

 

     39. No person shall give at the premises any exhibition, demonstration or   performance of hypnotism, mesmerism or any similar act or process           which   produces or is intended to produce in any other person any form           of induced sleep or trance in which susceptibility of the mind of that           person to suggestion or direction is increased or intended to be             increased. NOTE: (1) This rule does not apply to exhibitions given       under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.

 

40. The approved arrangements at the premises, including means of        escape provisions, emergency warning equipment, the electrical    installation and mechanical equipment, shall at all material times be        maintained in good condition and full working order.

 

     41. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

     42. Emergency exits and entrances to the event area must be kept clear at        all times and must be provided with clearly visible signage.

 

     43. All parts of the licensed area intended to be used in the absence of      adequate daylight and all essential safety signage shall be suitably             illuminable. Details      of the locations and level of illumination must be   detailed in the Event Management Plan.

 

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

 

     45. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

     46. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flameretarded fabric. Any fabrics used in escape routes, entertainment areas, shall be noncombustible.

 

     47. All fabric, including curtains and drapes used on stage for tents and marquees, or plastic and weather sheeting, shall be inherently or durably flame retardant to the relevant British Standards. Certificates of compliance must be available upon request by an authorised officer of Westminster City Council, The London Fire Brigade.

 

     48. Any moving flown equipment must contain a device or method     whereby failure in the lifting system would not allow the load to fall. All    hung scenery and equipment must be provided with a minimum of two          securely fixed independent suspensions such that in the event of             failure of one suspension the load shall be safely sustained.

 

     49. The certificates listed below shall be submitted to the licensing       authority upon written request:

• Any permanent or temporary emergency lighting battery or system

• Any permanent or temporary electrical installation

• Any permanent or temporary emergency warning system

 

     50. No waste or recyclable materials, including bottles, shall be moved,          removed from or placed in outside areas between 23.00 hours and             07.00 hours on the following day.

 

     51. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.

 

     52. No fumes, steam or odours shall be emitted from the licensed area so      as to cause a nuisance to any persons living or carrying on business in      the area where the premises are situated.

 

      53. A sufficient number of easily identifiable, readily accessible receptacles for refuse must be provided, including provisions for concessions. Arrangements must be made for regular collection. Public areas must be kept clear of refuse and other combustible waste prior to, and so far as is reasonably practicable, during the licensed event.

 

     54. There shall be no noise audible at the nearest noise sensitive premises       from any construction or similar works in association with the set up        and dismantling of the site, outside the hours of:

08:00 - 18:00 Monday -Saturday

08:00 - 13:00 Sunday

 

     55. Any generators, refrigerators or other machinery running overnight will        be silenced, screened or sited so as not to be audible outside the       boundary of     the Gardens.

 

     56. Electrical generators, where used, must be:

• Suitably located clear of buildings, marquees and structures, and free    from flammable materials;

• Enclosed to prevent unauthorised access;

• Able to provide power for the duration of the event;

• Backed up electrical generators are to be provided to power essential

communications, lighting and safety systems in the event of primary

generator failure.

 

     57. Details of all marquees, tented structures and temporary structures should be provided including emergency exits and signage, fire warning and fire fighting equipment.

 

     58. Full structural design details and calculations of all and any structures             to be erected within the licensed area must be submitted to the          Westminster City Council Building Control. A certificate from a competent person or engineer that a completed structure has been    erected in accordance with the structural drawings and design specification must be available for inspection prior to arelevant             structure being used during the licensed event.

 

     59. The Premises Licence Holder must ensure that competent persons are    employed to assess the electrical requirements at the event and the             compatibility of the electricity supply with the equipment to be used.      Appropriate safety devices (such as 30mA Residual Current Devices at         Source) must be used for electrical apparatus, particularly for any            electrical equipment exposed to adverse conditions or electrical          equipment to be used in association with handheld devices (e.g.             microphones). The competent person must make a certificate of      inspection of the electrical installation available for inspection.

 

     60. All spare fuel, including LPG, must be kept and stored safely in accordance with relevant Health and Safety legislation and suitable safety signage and fire fighting equipment provided.

 

   61.    The premises shall install and maintain a comprehensive CCTV system            as per the mminimum requirements of the Westminster Police Licensing Team. All entry 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.

 

    62.   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.

 

     63. No event shall take place on the public highway unless the relevant   permissions from City Promotions, Events & Filming team has being   sought and confirmed.

 

     64. For major events

a) All drinking vessels used in the venue shall be polycarbonate. All     drinks in glass bottles are to be decanted into polycarbonate containers       or polycarbonate carafes prior to being served, with the exception of    champagne             or bottles of spirits with a minimum size of 70cl supplied   by waiter/waitress service to tables. Staff shall clear all empty        champagne and spirit bottles promptly from the tables. Customers shall          not be permitted to leave their table carrying any such glass     bottles or             drink directly from the bottle.

b) Notwithstanding a) above, with the written agreement of the         Westminster Licensing Police, a copy of which will be held at the       premises reception, glass drinking vessels may be used for private or      pre-booked events within the (specified area).

 

     65. Tickets for major events will only be issued to students, staff, alumni        and their guests (limited to one guest per student, member of staff or         alumni) and a record will be kept of all persons purchasing tickets for at       least 30 days after an event.

 

     66. All persons entering or re-entering the premises who are attending the         Summer Ball event, shall have their bags searched by a SIA licensed           member of staff

 

     67. At a 'major event', a minimum of 2 SIA licensed door supervisors for the first 100 customers and on a ratio of 1:100 thereafter, shall be on   duty at the premises at all times for the duration of the event. At least            two SIA licensed door supervisors shall be on duty at each entrance of         the premises at all times when it is open for licensable activities and             adequate stewarding within the licensed area must be provided at all   times. Staff shall be clearly identifiable as security staff and with their             SIA ID being displayed.

 

68.       Notwithstanding Condition 17 the Premises Licence Holder shall be permitted to hold one major event on the Premises in each year on a Friday or Saturday eveningduring May and June otherwise known for the avoidance of doubt as the Summer Ball which shall terminate at 02:00 hours. 

 

 

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