Agenda item
7 Harbet Road, W2 1AJ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE No.4
(“The Committee”)
Thursday 9 December 2021
Membership: Councillor Karen Scarborough (Chairman)
Councillor Susie Burbridge
Councillor Aziz Toki
Officer Support: Legal Advisor: Viviane Walker
Policy Officer: Kerry Simpkins
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Jessica Donovan
Application for a New Premises Licence in respect of Merchant Square Estate Open Space Paddington Basin London 21/05609/LIPN
FULL DECISION
Premises
Merchant Square Estate
Open Space
Paddington Basin
Applicant
Paddington Basin Management Limited
Cumulative Impact Area
None
Ward
Hyde Park
Summary of Application
This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”). Merchant square estate in Paddington basin is an 11-acre mixed use development which is host to many events during the year which are put on for those who live, work and visit the area. The Premises are located within the Hyde Park Wad but is not within the West End Cumulative Impact Zone. The application is time limited until 30 April 2026. There is a resident count of 359.
Proposed Activities and Hours
Hours premises are open to the public:
Monday to Sunday 00:00 to 00:00 hours
Sale by retail of alcohol (On Sales):
Monday to Sunday 12:00 to 21:00 hours
Monday to Sunday 12:00 to 23:00 hours
Live Music (Outdoors)
Thursday to Friday 12:00 to 19:30 hours
Saturday to Sunday 12:00 to 18:00 hours
Thursday to Sunday 12:00 to 20:00 hours
Performance of Dance (Outdoors)
Friday to Saturday 12:00 to 16:00 hours
Representations Received:
· Environmental Health Service (EHS) (Anil Drayan)
· South East Bayswater Residents Association – SEBRA (John Zamit)
· 3 Local residents
Summary of issues raised by objectors:
· EHS representations were made on the basis that the hours requested and the Supply of Alcohol may lead to an increase in Public Nuisance in the area and impact on Public Safety. The singalong sessions are loud and disturb those who live around the area. Residents also raised complaints regarding the infrastructure for showing other films on the pedestrianised zone by the canal. Local residents expressed concerns about the potential noise and disturbance in the surrounding area.
Policy Position:
Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies and with particular regard to the matters identified in Policy HRS1.
Under Policy CCSOS1(A) applications outside the West End Cumulative Zones will generally be granted subject to 1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1. 2. The hours for licensable activities are within the Council’s Core Hours Policy HRS1. 3. The operation of any delivery services for alcohol and/or late-night refreshment meeting the Council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1. 4. The applicant has clearly demonstrated that the sale by retail of alcohol and late-night refreshment will be ancillary to the venue’s primary function as a cinemas, cultural and live sporting venues and outdoor space. 5. The applicant has taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated area. 6. The application and operation of the venue meeting the definition for a cinema, cultural venue, live sporting premises or outdoor space as per Clause C.
SUBMISSIONS AND REASONS
Councillor Susie Burbridge declared that she lives in the area and is a resident. Councillor Scarborough also declared that she lived in the Hyde Park Ward. All parties confirmed that they were happy to proceed.
The Presenting Officer Ms Jessica Donovan summarised the application, she advised the Licensing Sub-Committee that they had before them a new premises licence application. The Applicant intended to operate a mixed-use development which will host events during the year. The Premises are located within the Hyde Park Ward but not within a Cumulative Area Zone or in a Special Consideration Zone.
Ms Claire Poulton, acting on behalf of the Applicant addressed the Sub-Committee introducing herself and her colleagues Mr Andre Roos (Applicant) and Ms Melissa Wignall (Applicant). She explained that she and her colleagues would be representing Merchant Square Estate and Paddington Basin Management Limited. Ms Poulton advised the Sub-Committee that she had brought along additional presentation and handouts. The Chairman confirmed with all parties that they were happy to accept the late documentation.
Ms Poulton informed the Sub-Committee that Merchant Square is an 11 acre, fully managed mixed-use Estate in London’s West End. She explained that the Premises have a dedicated on-site Merchant Square team who oversee an annual events programme, involving summer events such as fitness classes, movie nights, live music, sports screenings and team-building activities as well as seasonal events during Valentine’s Day, Easter, Halloween and Christmas. Ms Poulton advised the Sub-Committee that many of their events do not require a licence and they like to provide food and on some occasion’s alcohol. It was noted that the Estate does also hold some commercial events from time to time.
With regards to the objections raised from SEBRA, Ms Poulton advised the Sub-Committee that the Estate has public toilets which are sign posted she added that when there are events attended by more than 150 people, portable toilets are hired. Ms Poulton also advised the Sub-Committee that residents are given advance notice of each event, she also advised that event information is provided on the big screens, communicated via the concierges, building managers and social media.
The Sub-Committee queried the postal address of the estate and whether enough residents would know that the application was for the outdoor Estate. Ms Poulton informed the Sub-Committee that the postal address for the Estate was misleading. She confirmed the 7 Herbert Road was the client’s offices, however the blue notice did display that it was Merchant Square Estate and was displayed around the entire Estate. Ms Poulton informed the Sub-Committee that a contact number for the team is displayed on all notices, in additional their phone numbers are on the website, social media and so did the concierges, building managers.
Ms Poulton informed the Sub-Committee that they were in total agreement that the Estate would be cleared of attendee by 23:00 Monday to Saturday and 22:30 on Sunday. Anyone attending an event will be dispersed quietly by the security from the premises. The Sub-Committee queried the exit gates on Praed Street and dispersal when the gates are close. Using an on-screen map, Ms Poulton showed the Sub-Committee that the premises did not go as far as Praed Street and their neighbours West End Key control the gates on Praed Street. She added that each event would have an operation plan which would include a dispersal plan. Ms Poulton informed the Sub-Committee that there were a number of routes from the premises and when the gates are closed people are directed by signage and security staff to Harbert Road, South Wharf Road or off to Paddington Station.
The Sub-Committee queried the use of pop-up bars, the arrangements for passers-by and where the portable toilets would be located. Members also sought clarification on the number of commercial events and if there would be any sporting events. Responding the questions raised, Ms Poulton advised the Sub-Committee that infrequently there would be some pop-up bars depending on the event, she confirmed that there would be barriers in event areas. She also confirmed that the portable toilets are positioned by the lawn, in the year there had been two commercial events and there was likely to be the same amount each year. Ms Poulton advised the Sub-Committee that there would not be any Football events, but they may host an event for something like Wimbledon.
The Sub-Committee queried the location of the events on the premises and the proximity to the school. Members also wanted clarification with regards to the times when the large screen would be switch off. Ms Poulton used the map to confirm the event areas and confirmed that no events take place near the school. She confirmed that there had been on occasion when the screen malfunctioned and they were unable to switch it off, however this is fixed, and they now also have an option to switch it of remotely. Members felt that a new map detailing the location of the portable toilets and location of events should be produced.
Mr Anil Drayan on behalf of Environmental Health Service, stated that he had provided pre application advice the Applicants and he was there to assist the Sub-Committee with any questions that they might have. Mr Drayan confirmed that he suggested that the Applicant should devise suitable event management plans for all events, which included crowd management, noise control and dispersal. Mr Drayan informed the Sub-Committee that the entire site use could cause issues and therefore there needed to be certain conditions to ensure residence that no nuisance would arise. Mr Drayan confirmed that he was now happy with the application and hours. Mr Drayan confirmed that event plans will be submitted 28 days before and that this was a time limited application until 2026.
Mr Richard Brown CAB, speaking on behalf of the South East Bayswater Residents Association (SEBRA) confirmed that SEBRA raised concerns to ensure that there is a balance between the events and residents. Mr Brown informed the Sub-Committee that the Applicant has answered most of the questions raised but want to discuss additional conditions. Mr Brown felt that there should be a condition which states Should the number of persons intended to attend an event is likely to exceed 150 persons the Premises Licence Holder shall ensure that additional toilets are provided.
Mr Brown suggested that the minutes of the meeting reflect that it was the Applicants intention not to host more than two commercial event per year. Mr Brown advised the Sub-Committee that the wording from Model Condition 24 should be used for the direct telephone number condition. Mr Brown also suggested that conditions 1 and 2 be slightly amended.
Condition 1, “a maximum of” should be replaced with “only”
Condition 2, “under this licence” should be added after outdoor event space
Mr John Zamit (South East Bayswater Residents Association (SEBRA) addressed the Sub-Committee seeking further clarification on toilet facilities for the disabled and baby changing. Mr Zamit also wanted to clarify what sporting event would be hosted. The Sub-Committee sought further clarification on how sing-alongs would be managed. Ms Poulton confirmed that there would be toilet facilities for the disabled and baby changing. She also confirmed that there would be no football events, they would consider hosting sports events such and the Olympics and Wimbledon. Ms Poulton informed the Sub-Committee that the films were silent, and headphones were used, however with musical, people would sing along.
The Sub-Committee felt it was important to note that no events should be located outside resident’s homes and security staff should be posted at the West End Gates to direct guest to alternative exits. The Committee also felt that for balance no sing-alongs should take place after 21:00 hours.
Conclusion
The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers, submissions made by the Applicant, all other parties and the oral evidence given by those parties in attendance during the hearing in its determination of the matter.
The Sub- Committee noted that the premises are not within the Cumulative Impact Zones. The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
The Sub-Committee considered the conditions agreed with the Applicant would promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives:
1. To grant permission for Films (Outdoors) Monday to Sunday 12:00 to 23:00 hours.
2. To grant permission for Live Music (Outdoors) Thursday to Friday 12:00 to 19:30 hours Saturday to Sunday 12:00 to 18:00 hours.
3. To grant permission for Recorded Music (Outdoors) Thursday to Sunday 12:00 to 20:00 hours.
4. To grant permission for Performance of Dance (Outdoors) Friday to Saturday 12:00 to 16:00 hours.
5. To grant permission for the Sale of Alcohol (On Sales) Monday to Sunday 12:00 to 21:00 hours.
6. To grant permission for the Opening Hours of the Premises Monday to Sunday 00:00 to 00:00 hours.
7. That the Licence is subject to any relevant mandatory conditions.
8. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with the agreement of the Applicant
9. Only one event at a time shall be held at the premises with a maximum 20% of the event site used for staging the event.
10. The sale of alcohol at the premises shall be ancillary to the primary use
of Premises as an outdoor event space under this Licence.
11. A suitable and sufficient Event Management Plan shall be drawn up by a competent person prior to an event and made available, if requested, to the Responsible Authorities. This shall be kept for at least one year, signed-off by a person with management responsibilities and must contain information and assessments, as a minimum, on the following aspects where relevant:
• Details of responsible persons present including at least one person with management responsibilities of the licence holder Emergency and Evacuation procedures
• Crowd management and stewarding arrangements
• Overnight security arrangements
• A detailed site plan showing all permanent and temporary structures and all
access and egress point
• Capacity at any one time
• Certificates from competent persons on Temporary Structures, Electrical
Power Supply and Gas equipment
• First Aid and Lost Children arrangements
• Noise Management Plan
• Risk Assessments
• A waste management plan
• Sanitary accommodation
• Public Liability Insurance
12. All drinks sold, supplied or consumed shall only be in open polycarbonate or crushable vessels unless prior exemption has been obtained from Westminster’s Environmental Health Consultation Team and/or Westminster Police Licensing Team for a specific event in writing or by e-mail.
13. 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.
14. A Challenge 21 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.
15. 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, Filming & Events Team and City Inspectors.
16. The Licensee must ensure, unless agreed with the Environmental Health Consultation Team, that the LAeq (15 min) noise level does not exceed 65 dB(A) from any electronically amplified sound system 1m from the window of the nearest noise sensitive premises.
17. Events that include amplified music exceeding 65dB LAeq (15 min) must be notified to the Environmental Health Consultation Team at least 28 days prior to the event and the notification shall include the Noise Management Plan for the event.
18. Admission of children to a Film event must be restricted in accordance with the film classification recommended by the British Board of Film Classification or as recommended by the classification from this Licensing Authority.
19. Any event showing Films that are staged beyond 21:00 hours shall only be carried out under the following circumstances:
• Film audio to be delivered to each attendee via wireless headsets
• Customer capacity less than 500 at any one time.
20. 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/or dismantling of the site, outside the hours of:
· 08:00 - 18:00 Monday - Saturday
· 10:00 - 18:00 Sunday.
21. No licensable activities shall take place at parts of the premises marked on the plans currently undergoing redevelopment until this area of 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.
22. 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 and will include the external area immediately outside the premises entrance. 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.
23. 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 a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
24. 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
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
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 3 SIA licensed door supervisors shall be on duty from thirty minutes prior to the start of any event where alcohol will be sold until thirty minutes after the event has concluded. SIA door supervisors must correctly display their SIA licence(s) when on duty so as to be visible.
27. SIA licensed door supervisors shall wear high visibility jackets or vests.
28. There shall be no sales of alcohol for consumption off the premises.
29. The Premises Licence Holder shall risk assess the need for additional SIA licensed door supervisors at other times based on a documented risk assessment. A copy of the risk assessment shall be kept at the premises and produced to Police and/or an authorised officer of Westminster City Council on request.
31. Persons attending the events shall vacate the premises by 23:00 hours Monday to Saturday 22:30 hours Sunday and a Security Officer shall be present at the edge of the Estate by the Floating Park.
32. A SIA licensed door supervisor shall be positioned at the edge of the estate near the Pocket Park until 23:00 hours Monday to Saturday and 22:30 hours on Sunday.
33. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number/and or is to be made available to residents and businesses in the vicinity.
34. There shall be no football events.
35. The Applicant shall submit to the Licensing Authority a new plan of the premises which shall show the licensable areas, toilets, location of events that might take place and posting of security officers controlling dispersal at the end of the Estate by the entrance of the Pocket Park.
36. There shall be no events immediately outside residents’ entrances.
37. There shall be no singalong events after 21:00 hours.
38. All temporary screens shall be switched off 23:00 hours.
39. The licensable activities permitted under this Licence shall end after 30 April 2026.
INFORMATIVE
40. There shall be no more than two commercial events each of 28 days per annum.
This is the Full Decision of the Licensing Sub-Committee which takes
effect Forthwith.
Licensing Sub-Committee
9 December 2021
Supporting documents:
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LSC Report - Harbet Road_Redacted, item 2.
PDF 13 MB - Restricted enclosure View the reasons why document 2./2 is restricted
- Restricted enclosure View the reasons why document 2./3 is restricted