Agenda item
3.00 PM – The Windmill Theatre, 17-19 Great Windmill St, W1D 7JZ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
Thursday 18 March 2021
Membership: Councillor Tim Mitchell (Chairman), Councillor Richard Elcho and
Councillor Maggie Carman
Officer Support: Legal Adviser: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Cameron Maclean
Presenting Officer: Jessica Donovan
Parties Present: Mr. Philip Kolvin, QC for the Applicant, Mr Marcus Lavell for the Applicant, Mr. Jodie Harsh, Director, Mr. John Common, Food and Beverage Director, Dr. Phil Hadfield, Late-Night Economy/Policy Expert, Mr. Adrian Studd, Crime and Disorder Expert and
Mr. Richard Vivian, Acoustics Expert
Application for a New Premises Licence – The Windmill Theatre 17-19 Windmill Street London W1D 7JZ – 20/10170/LIPN
FULL DECISION
Premises
The Windmill Theatre
17-19 Windmill Street
London W1D 7JZ
Applicant
Immerse London Limited
Cumulative Impact Area
The Premises are within the West End Cumulative Impact Area
Ward
West End
Summary of Application
The Sub-Committee has determined an application for a new Premises Licence under the Licensing Act 2003 (“The Act”). The Premises proposed to operate as a theatre with bar, restaurant and associated facilities. The Premises have had the benefit of a Licence Number 20/03225/LIPWM. The Premises previously had the benefit of a Sexual Entertainment Venue Licence from June 2012 to 2017.
Proposed Licensable Activities and Hours
Plays (Indoors)
Monday to Saturday: 09:00 to 05:00 hours
Sunday: 14:00 to 03:00 hours.
British Summer time commences.
Films (Indoors)
Monday to Saturday: 09:00 to 05:00 hours
Sunday: 09:00 to 00:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
Live Music (Indoors)
Monday to Saturday: 09:00 to 05:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additionalhour when British Summer time commences.
Recorded Music (Indoors)
Monday to Sunday: 00:00 to 00:00 hours
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
Performance of Dance (Indoors)
Monday to Saturday: 09:00 to 05:00 hours
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
Anything of a Similar description to Live Music, recorded Music and Performance of Dance (Indoors)
Monday to Saturday: 09:00 to 05:00 hours.
British Summer time commences.
Late Night Refreshment (Indoors and Outdoors)
Monday to Saturday: 23:00 to 05:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
Sale by Retail of Alcohol (On and Off Sales)
Monday to Saturday: 10:00 to 05:00 hours
Sunday: 12:00 to 22:30 hours
British Summer time commences.
Hours Premises are open to the Public
Monday to Saturday: 09:00 to 05:30 hours
Sunday: 09:00 to 03:00 hours
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
Representations Received
· Metropolitan Police Service (PC Bryan Lewis)
· Environmental Health Service (Ian Watson)
· Licensing Authority (Kevin Jackaman)
Summary of issues raised by Objectors
· It is our belief that if granted the application would undermine the Licensing Objectives.
· The venue is situated in the West End Cumulative Impact Area, a locality where there is traditionally high crime and disorder. We have concerns that this application will cause further policing problems in an already demanding area.
· There is insufficient detail within the operating schedule to promote the Licensing Objectives.
· The hours sought exceed Westminster’s Core Hours Policy.
· The hours requested for the supply of alcohol, provision of late-night refreshment and the provision of regulated entertainment will have the likely effect of causing an increase in Public Nuisance within the West End Cumulative Impact Area (CIA).
· The increase in capacity may impact on Public Safety and a visit would be required to assess the premises and emergency arrangements.
· There are concerns in relation to this application and how the premises would promote the four licensing objectives.
Policy Position
Policies HRS1, PB1, RNT1, CCSOS1 and CIA apply under the City Council’s
Statement of Licensing Policy. The Premises are located within the West End
Cumulative Impact Area and, as such, the Applicant must demonstrate that the
application would not add to Cumulative Impact in the West End Cumulative
Impact Area.
SUBMISSIONS AND REASONS
The Presenting Officer, Ms Donovan summarised the application to the Sub-
Committee. She confirmed that this was an application for a New Premises
Licence made on behalf of the Applicant, Immerse London Limited.
Mr. Ian Watson, on behalf of Environmental Health Service stated that he had met
with the Applicant and the Applicant’s legal representatives at the premises when
the matter of proposed conditions had been discussed, and he noted that the
proposed conditions reflected the model conditions.
Mr Watson referred to the plan in the report before the Sub-Committee. He stated
that having consulted with the District Surveyor, it was proposed that depending on
the layout, the basement of the premises could in accordance with public safety
requirements accommodated between 120 and 140 persons.
Mr. Watson stated that there had never been any complaints about noise breakout
from the premises, and the proposed conditions in relation to potential noise
breakout and nuisance were enough. He also referred to the photographs of the
entrance to the basement, it was noted that the nearest residents lived above the
“Be at One” cocktail bar across the road from the theatre’s main entrance.
Therefore, they were unlikely to be affected by any noise from the basement and
that the main entrance doors to the theatre would be of a suitable acoustic design.
In response to a Member’s question, Mr Watson confirmed that he was satisfied
that the Applicant had taken all reasonable measures to prevent the possibility of
noise nuisance as a result of the operation of the premises.
Mr. Jackaman, on behalf of the Licensing Authority welcomed the proposed
condition 23 (now condition 31) as amended as it brought the sale of alcohol within
the Council Policies set out in the Statement of Licensing Policy. It was noted that
the proposed hours for licensable activities were within the Council’s Core Hours
Policy. Mr. Jackaman stated that the Licensing Authority was satisfied that the
Applicant had demonstrated that granting the application would not add to the
Cumulative Impact Area.
It was noted that the sale of alcohol and late-night refreshment would be ancillary
to the Premises primary function as a cultural venue and limited after 23:00 hours
to persons using the Premises in its primary function.
PC Bryan Lewis on behalf of the Metropolitan Police Service stated that the Police
objection was in relation to the Cumulative Impact Area policy and concerns about
potential dispersal problems. He noted that agreement had been reached on most
of the proposed conditions. However, there remained a condition proposed by the
Police which had not been agreed, that was, the use of polycarbonate drinkware,
rather than glassware. PC Lewis stated that was a normal request by the Police
for late-night venues.
The Chairman of the Sub-Committee noted that regarding the use of
Polycarbonates Products, the Council would favour the use of drinking vessels
deemed to be safe in that, they could not be used to cause injury, and which were
environmentally friendly.
In response to a Members question about customers being allowed to pour drinks
from bottles, PC Lewis stated that the later premises stayed open serving alcohol,
the greater the possibility of a higher consumption of alcohol and the greater the
risk of crime and disorder involving use of bottles as a weapon. It was for this
reasons that the Police requested the use of polycarbonate drinkware in late-night
premises.
It was explained on behalf of the Applicant that the use of polycarbonate drinkware
would not be appropriate for quests dining at an expensive restaurant with a
Michelin starred Chef. Therefore, the Applicant asked the Sub-Committee not to
impose such a condition.
Mr. Kolvin for the Applicant stated that the application provided the opportunity to
restore one of Soho’s historic cultural buildings and replace its use as a sexual
entertainment venue with an entertainment use appealing to a wide demographic.
He stated that if the application was granted, it would mean that the venue could
operate as a theatre without being half empty and having to resort to use as a
sexual entertainment venue.
Mr. Kolvin referred to the Council’s Cultural Venue Policy, including theatres and
performances venues. It was noted that such venues have less impact than other
licensed premises, and there was no presumption within the Council’s CIA Policy
requiring the Applicant to show exceptional circumstances.
In response to several questions raised by Members of the Sub-Committee,
Mr. Kolvin provided the following information:
1. The Applicant was not applying for a Sexual Entertainment Venue Licence and there would be no sexual entertainment permitted under the applied for Premises Licence. The Applicant wished to put on cabaret performances which would appeal to a domestic and international audience of all ages and genders. Consequently, the previous use of the Windmill Theatre was the opposite of the Applicant’s intentions.
2. Regarding the Dispersal Strategy, it was not anticipated that there would be a mass exodus from these premises. Therefore, the dispersal issues were different from those relating to pubs and clubs. It was proposed that people would start to leave after the headline act had finished at 02:00 hours.
3. It was believed that most of the dispersal of customers would be towards
Shaftesbury Avenue. In addition, arrangements have been made to ensure that Uber pickups would be made from Shaftesbury Avenue and SIA staff would communicate by way of earpieces around the area to ensure a calm and safe dispersal of customers.
4. Tickets for both the main theatre and Henderson would have to be prebooked as there would be no “walk up” for either venue.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits. In this case, the Sub-Committee noted that this was an application for a New Premises Licence which would be conditional upon the applicant surrendering the existing Premises Licence.
The Sub-Committee were satisfied that the measures the Applicant were to put in place in terms of managing the Premises and dispersal arrangements under the dispersal policy would mitigate the concerns raised by those who had objected.
The Sb-Committee noted that no noise complaints had been made against the Premises.
The Sub-Committee gave weight to the fact that the Applicant had addressed the Responsible Authorities’ concerns with the imposition of conditions. The Sub-Committee were satisfied that the application complied with the Policies set out in the Council’s Statement of Licensing Policy.
The Sub-Committee were of the view that the proposal would not add to negative cumulative impact on the CIA. In reaching this conclusion, the Sub-Committee were particularly mindful of the nature of the Premises and how it would be run.
The Sub-Committee considered that the conditions were appropriate and proportionate to promote the licensing objectives. Accordingly, the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties both orally and in writing, the Sub-Committee decided, after taking into account all the circumstances of this application and the promotion of the licensing objectives to grant the application with the following permissions:
1. To grant permission for Plays (Indoors) Monday to Saturday: 09:00 to 05:00 hours Sunday: 14:00 to 03:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
2. To grant permission for Films (Indoors) Monday to Saturday: 09:00 to 05:00 hours Sunday: 09:00 to 00:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
3. To grant permission for Live Music (Indoors) Monday to Saturday: 09:00 to 05:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additionalhour when British Summer time commences.
4. To grant permission for Recorded Music (Indoors) Monday to Sunday: 00:00 to 00:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
5. To grant permission for Performance of Dance (Indoors) Monday to Saturday: 09:00 to 05:00 hours
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
6. To grant permission for Anything of a Similar description to Live Music, recorded Music and Performance of Dance (Indoors) Monday to Saturday: 09:00 to 05:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
7. To grant permission for Late Night Refreshment (Indoors and Outdoors)
Monday to Saturday: 23:00 to 05:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
8. To grant permission for Sale by Retail of Alcohol (On and Off Sales)
Monday to Saturday: 10:00 to 05:00 hours Sunday: 12:00 to 22:30 hours
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
9. To grant permission for the Hours Premises are open to the Public
Monday to Saturday: 09:00 to 05:30 hours Sunday: 09:00 to 03:00 hours
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day with an additional hour when
British Summer time commences.
10. That the Licence is subject to any relevant mandatory conditions.
11. That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing
12. Admission to the Premises shall be limited to the following:
• Persons having booked tickets to a performance, prior to attending the Premises.
• No more than 15 guests of the proprietor, whose names have been recorded in a guest list, maintained at the Premises and available for inspection by any Police or Authorised Officer. The guest list is to contain the name, address and contact details of all guests.
• Persons attending a private function which has been booked at least 24 hours in advance in writing (a list of whom shall be kept at reception for inspection by the relevant authority).
13. The capacity of the premises to be:
i) Ground Floor and Mezzanine - 250 persons (excluding staff).
ii) Basement – 100 persons (excluding Staff)
The above figures are subject to the following restrictions on the whole Premises
iii) From 09:00am to 3.30am – 350 persons (excluding Staff)
iv) From 3.30am to 5.30am – 150 persons (excluding Staff)
14. The Premises shall develop and operate a Dispersal, Transport and Noise Strategy, a copy whereof shall be provided to the Licensing Authority.
15. A minimum of 4 SIA licensed Door Supervisors will be stationed on Great Windmill Street from midnight until 30 minutes after the Premises are closed and empty of patrons.
16. Designated Street Marshals and Noise Control Officers will be deployed on Great Windmill Street and neighbouring streets as identified from time to time, from midnight until 30 minutes after the Premises are closed and empty of patrons.
17. A chauffeur service shall be available to patrons. Patrons will be able to make a booking at the time of booking their tickets or at any time from their table/seat in the premises.
18. An attendant shall be on duty in the cloakroom the whole time it is in use.
19. A noise limiter must be fitted to the musical amplification system 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.
20. 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.
21. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
22. All windows and external doors shall be kept closed after (21:00) hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
23. 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 are 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 the Police or authorised officer throughout the entire 31 day period.
24. 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 are open. This staff member must be able to provide the Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
25. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
26. A minimum of 14 days’ notice shall be given to the Environmental Health Consultation Team and District Surveyor of any intention to use scenery on any stage area.
27. A member of security shall be at the side of the stage during the times of the performance.
28. WCs for the sole use of members of staff and performers shall be provided and the appropriate signage shall be applied.
29. Any scenery to be kept or used on the premises shall be constructed only from such materials as the council accepts for use on open stages and such scenery shall be restricted as necessary for the current performance and shall be used on stage only.
30. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons detailed in condition 12 above.
31. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
32. There shall be no payment made by or on behalf of the licensees to any person bringing customers to the premises.
33. The licensable activities authorised by the Licence and provided at the premises shall be ancillary to the main function of the premises as a performance venue.
For the purpose of this condition performance venue is for a live performance in front of an audience which may include concert halls, comedy clubs or similar performances venues.
34. The permitted hours on New Year's Eve will extend to the start of permitted hours on the following day 00.00 on 31st December.
35. No licensable activities shall take place at the premises 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.
36. Before the premises opens, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
37. No licensable activities shall take place at the premises until premises
licence 20/03225/LIVPM (or such other number subsequently issued for the
premises) has been surrendered and is incapable of resurrection.
38. After 2300 hours all customers entering the premises shall have their ID
scanned on entry, save for when a biometric scanning system is in place. The details recorded shall include a live facial image capture of the customer and capture the photographic identification produced. The details recorded by the ID scanner system shall be made available to the Police and the Local Authority upon request.
39. The above requirement is subject to the following exceptions, namely that a
maximum number of 15 guests per night may be admitted at the Managers
discretion without necessarily photo ID being scanned and recorded. The
admission of such guests however shall be in accordance with the following
procedure:
(i) The DPS shall approve in writing the names of a maximum of three
managers other than him/herself who are authorised to sign in such
guests.
(ii) A legible record (the signing in sheet) of those guest’s name shall be
retained on the premises for inspection by the Licensing Authority and
Police for a period of 31 days. The name of the DPS approved manager
authorising the admission will also be recorded by that manager,
(iii) Guests shall be required to produce some form of ID such as a bank
card (or emailed electronic photo ID) and ID scan entry with a live photo
shall be created.
(iv) Where there are appropriate reasons for a guest not to be able to
produce ID and be subject to ID scan, the Approved Manager may still
permit entry. In such circumstance he shall also record the reasons for
this in the signing in sheet.
40. Notwithstanding condition 39 above, patrons who are attending a pre-booked private event at the premises do not need to have their ID Scanned on entry and instead a written guest list shall be held at reception for the event and will be retained for 31 days after the event for inspection by the Police and responsible authorities upon request.
41. All door supervisors will correctly display their SIA licence when on duty at the premises.
42. After 21:00 hours all SIA Door supervisors engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility jackets or vests.
43. All SIA door staff on duty at premises shall be equipped with Body Worn Video, capable of recording audio and video in any light condition as per the minimum requirements of the Westminster Police Licensing Team. 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 the Police or authorised officer throughout the preceding 31-day period. BWV must be activated at an early stage during any incident involving conflict.
44. Patrons shall be greeted by a member of the staff at the reception areas on
both the ground and basement floors before being directed to the relevant area of the premises.
45. After 23:00 hours all patrons attempting to gain entry or re-entry will be subject to a search, upon entry all bags are to be opened and searched. A general search policy shall be implemented as agreed with the Westminster Police Licensing Team and documented. In accordance with the general search policy, searching will be supplemented by the use of two functional metal detecting wands operated by a male and female door supervisor dedicated to that duty either until the end of permitted hours or until there are no further admission.
46. Patrons permitted to temporarily leave and then re-enter the premises to
smoke shall be restricted to a designated smoking area defined in the
Dispersal, Transport and Noise Management Strategy.
47. There shall be no entry / re-entry (excluding persons exiting to smoke) to the premises after 03:00 hours.
48. 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:
• all crimes reported to the venue
• all ejections of patrons
• any complaints received concerning crime and disorder
• any incidents of disorder
• all seizures of drugs or offensive weapons
• any faults in the CCTV system, searching equipment or scanning equipment
• any refusal of the sale of alcohol
• any visit by a relevant authority or emergency service.
49. In the event that an assault is committed on the premises (or appears to have been committed) the management, on notification of such assault or apparent assault, will immediately ensure that:
· The Police (and, where appropriate, the London Ambulance
Service) are called without delay.
· All reasonably practicable efforts are taken to detain any
suspect(s) pending the arrival of the Police.
· All reasonable practicable efforts are taken to preserve the
crime scene so as to enable a full forensic investigation to be
carried out by the Police, unless otherwise notified by them.
· Such other measures are taken (as appropriate) to fully protect
the safety of all persons present on the premises.
50. 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.
51. There shall be no sales of hot food or hot drink for consumption off the
premises after 23.00 hours.
52. The supply of alcohol shall be by waiter or waitress service only.
52. On the Ground Floor and Mezzanine, the sale of alcohol shall cease at least 1 hour before the Ground Floor and Mezzanine closes.
54. No licensable activities shall take place within the basement 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. Such capacity shall not exceed 100 persons excluding staff.
55. No more than 15 persons shall be permitted in the smoking area at any one time until 03:30 hours, and no more than 5 persons thereafter.
This is the Full Decision reached by the Licensing Sub-committee.
This Decision takes immediate effect.
Supporting documents:
- Restricted enclosure View the reasons why document 2./1 is restricted
- 3. 17-19 Great Windmill Street Report_Redacted (Optimised), item 2. PDF 9 MB
- Restricted enclosure View the reasons why document 2./3 is restricted
- Restricted enclosure View the reasons why document 2./4 is restricted
- Restricted enclosure View the reasons why document 2./5 is restricted
- 21.03.18 2. The Windmill Theatre – Summary Decision by VW (Reformatted by CM), item 2. PDF 241 KB