Agenda item
Pitch, 12 Meard Street, W1F 0EQ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE No.1
(“The Committee”)
Thursday 9 December 2021
Membership: Councillor Karen Scarborough (Chairman)
Councillor Susie Burbridge
Councillor Aziz Toki
Officer Support: Legal Advisor: Viviene Walker
Policy Officer: Kerry Simpkins
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Roxsana Haq
Application for a New Premises Licence in respect of Pitch 12 Meard Street London W1F 0EQ 21/08493/LIPN
FULL DECISION
Premises
12 Meard Street, London, W1F 0EQ
Applicant
Cumulative Impact Area
West End
Ward
West End
Summary of Application
The Committee determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intend to trade as an indoor golf club and golf leisure facility.
Proposed Activities and Hours
Hours premises are open to the public:
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sale by retail of alcohol: (Indoors)
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Films: (Indoors)
Monday 11:00 to 21:00
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Indoor Sporting Events: (Indoors)
Monday 11:00 to 21:00
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Live Music: (Indoors)
Monday 11:00 to 21:00
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Monday 11:00 to 21:00
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Performance of Dance: (Indoors)
Monday 11:00 to 21:00
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Anything of a similar description to that falling within live music, recorded music or performance of dance: (Indoors)
Monday 11:00 to 21:00
Tuesday 10:00 to 21:00
Wednesday to Friday 11:00 to 23:00
Saturday 10:00 to 23:00
Sunday 10:00 to 18:00
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Representations Received:
· Licensing Authority (Jessica Donovan)
· 2 Local residents in support
· 1 Local resident objected
Summary of issues raised by objectors:
Concerns were raised regarding the prevention of crime and disorder, public safety and the prevention of public nuisance. One local resident maintained his representations to ensure that the applicant was not able to arbitrarily change the use of the area under review without having to reapply for a variation. The Objectors also wanted to ensure that the licence if granted was conditioned so there are no less than nine areas related to playing / practising golf.
Policy Position:
Under Policy CIP1, A. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises and music and dancing and similar entertainment, other than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or 2. Vary the licence to reduce the overall capacity of the premises. C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact. D. For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies with this statement.
Under Policy CCSOS1, B. Applications inside the West End Cumulative Impact Zone 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 Applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
SUBMISSIONS AND REASONS
The Presenting Officer Ms Roxsana Haq introduced the application, she advised the Licensing Sub-Committee that they had before them a new premises licence application where the Applicant intended to operate as an indoor golf club and golf leisure facility. The Premises are located within the West End Ward and within the West End Cumulative Area Zone but not in a Special Consideration Zone.
Mr Alun Thomas addressed the Sub-Committee, he confirmed the application for a new premises licence made in relation to part of ground floor and basement, 12 Meard Street, London W1F 0EQ (“the Premises”). Mr Thomas informed the Sub-Committee that no licensable activities were carried out on the ground floor which is only an entrance and reception. Mr Thomas confirmed that the Premises had recently been granted planning permission for use of part ground and basement floors as a leisure facility (sui generis) (Planning ref: 21/02628/FULL) as a golf ‘virtual’ driving range.
Mr Thomas explained to the sub-Committee that the operation was founded by PGA professional golfers Mr Elliot Godfrey and Mr Chris Ingham. He confirmed that the Premises would operate as “Pitch”, bringing tour level technology to golfers in Central London. Mr Thomas informed the Sub-Committee that the Premises follow the highly successful first facility which opened in the City of London in 2016 and would create golfing bays with one-to-one tuition and practice alongside social bays ideal for small group play and practice.
Using the screens in the committee rooms, Mr Thomas showed the Sub-Committee the premises using street maps, highlighting the entrance at street level. Mr Thomas also showed the Sub-Committee the plans for the premises including the basement level and practice bays. Mr Thomas advised the Sub-Committee that his clients had spent a significant amount of money for the very latest technology to achieve a premiere golfing experience for their clientele. Mr Thomas outlined the application including the hours of operation and the requested licensable activities.
Addressing the policy concerns, Mr Thomas advised the Sub-Committee that the application had been specifically drafted with consideration of the Premises location in mind and had followed pre-application advice. He informed the Sub-Committee that the operating schedule proposed 30 conditions designed to promote the Licensing Objectives. He noted that the hours sought are well within Core Hours in line with Core Hours Policy HRS1, thereby removing any concerns regarding the availability of public transport and late-night dispersal from the premises.
Mr Thomas stated that the application demonstrated compliance with the City Council’s Combined use premises Policy COMB1, which in this location should be considered (i) on its merits; (ii) subject to the promotion of the licensing objectives – to which the detailed Operating Schedule relates; (iii) within Core Hours; (iv) no deliveries applied for; and (v) no addition to cumulative impact, (thus not necessarily requiring an exception) as per the reasons explained.
Mr Thomas stated that despite the alcohol offering, as the Licensing Authority acknowledges, the Premises do not fall within the Public Houses and Bars Policy PB1. The Premises use does not meet the definition at Clause D which requires a premises, or part thereof, to be used primarily for the sale or supply of alcohol for consumption on the premises and/or for consumption off the premises for consumption outside the venue. Mr Thomas added that this was because the sale of alcohol must be ancillary to an indoor golf club and golf leisure facility and no off sales or external space within the licence demised have been applied for. He noted that in any event, it would be an exception to Policy PB1.
The Sub-Committee sought clarification on the arrangements for private events, capacity limits, the percentage of alcohol sold, the food offering and noise escape. Mr Thomas invited Mr Chris Ingham (Applicant) and Mr Elliot Godfrey (Applicant) to respond to the Sub-Committee queries. Mr Ingham advised the Sub-Committee that there was a small area in the basement for private events and all events would be golf themed, the area held 4 tables and chairs. Mr Godfrey confirmed that the maximum capacity was 90 persons and that the bar equated to 10-15% and was ancillary to golf. Mr Ingham confirmed that food, such a sushi and buffet, would be brought in and there was no kitchen on site.
Mr Thomas advised he Sub-Committee that his clients had agreed conditions with regard to ‘no smoking’ in Meard Street, the WCC model condition for dispersal and a copy of the dispersal policy, deliveries between 09:00 – 18:00 and SIA security for any private events for more than 35 people after 20:00 until close. Mr Kerry Simpkin (Policy advisor) queried the Applicants need to apply for an extensive list of licensable activities. Mr Thomas advised the Sub-Committee that all licensable activities would be ancillary to golf, and he wanted to ensure that his clients were able to operate the premises in a manner to cater to all their clientele.
Mr Alex Hare (Landlord) addressed the Sub-Committee, he advised that he was very pleased with Pitch as a tenant and very happy with the manner in which Mr Ingham and Mr Godfrey operated of the Premises. Mr Hare confirmed that the Premises had operated in the way that had been described and there was no hidden agenda. He informed the Sub-Committee that he and the Applicants had conducted a lengthy consultation with all stakeholders and had built good relationships with its neighbours.
The Sub-Committee invited Ms Jessica Donovan (Licensing Authority), to summarise her representations. Ms Donovan described the application, noting that the Premises were located in the West End Ward and West End Cumulative Impact Area. Ms Donovan advised the Sub-Committee that the Licensing Authority noted that entrance to the premises was by membership or prebooked golfing events, she also noted that the hours were within the Westminster core hours for operation. Ms Donovan advised the Sub-Committee that it was therefore for the Sub-Committee to decide if the Applicants had demonstrated that the Premises would not add to the Cumulative Impact Area in accordance with Policy CIP1.
The Sub-Committee invited Mr Richard Brown CAB (Representing Local Resident Objector) to address he Sub-Committee. He thanked the Applicants for the openness of communication. He noted that with regard to the SIA condition, his client did instruct that the SIA should ensure that dispersal is managed effectively, however he did understand that it was difficult to ensure and control behaviour. Mr Brown wanted to be clear that from his client’s point of view that his request was to help effective dispersal. Mr Thomas pointed our that whilst his client was happy to do their best to ensure effective dispersal.
Conclusion
The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers, submission made by the Applicant and 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 placed significant weight on the detailed conditions offered by the Applicant. The Sub-Committee noted that the nature of the operation would not add to the Cumulative Impact Zone and welcomed the type of business proposed in Westminster. For these reasons, the Sub-Committee decided that it would be appropriate and proportionate to grant the application.
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 the 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 the Sale of Alcohol (Indoors) Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
2. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
3. To grant permission for Plays (Indoors) Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
4. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
5. To grant permission for Films (Indoors) Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
7. To grant permission for Indoor Sporting Events (Indoors) Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
8. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
9. To grant permission for Live Music (Indoors) Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
10. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
11. To grant permission for Recorded Music (Indoors) Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
12. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
14. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
15. To grant permission for Anything of a similar description to that falling within live music, recorded music or performance of dance (Indoors) Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
16. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
17. To grant permission for the Opening Hours of the Premises Monday 11:00 to 21:00 hours Tuesday 10:00 to 21:00 hours Wednesday to Friday 11:00 to 23:00 hours Saturday 10:00 to 23:00 hours Sunday 10:00 to 18:00 hours.
18. To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
19. That the Licence is subject to any relevant mandatory conditions.
20. 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. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as an indoor golf club and golf leisure facility, with no less than 9 playing areas.
10. There shall be no licensable activities on the ground floor of the premises.
11. The provision of licensable activities shall only be provided to:
a) Persons paying a minimum monthly golf club membership fee of £60 and their guests limited to no more than 4 at any time;
b) Persons attending a pre-booked indoor golf bay paying a minimum
admission charge of £60 per bay per group and their guests limited
to no more than 4 at any time;
c) Persons attending a pre-booked and bona fide private function or
event to which members of the public are not admitted. A record of
the event shall be kept for a minimum period of 31 days at the
premises and made available for immediate inspection by Police or
an authorised officer of the Council throughout the entire 31-day
period; or
d) Bona fide guests of the management, limited to no more than 15
persons at any time.
12. 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 Police or authorised officer throughout the entire 31-day period.
13. 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.
14. The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day, they start their employment.
15. No drinks shall be taken outside the premises.
16. 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.
17. 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.
18. 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.
19. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
20. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
21. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
22. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
23. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non- combustible.
24. The certificates listed below shall be submitted to the Licensing Authority upon written request.
i. Any permanent or temporary emergency lighting battery or system
ii.Any permanent or temporary electrical installation
iii.Any permanent or temporary emergency warning system
25. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.
26. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
27. No noise generated on the premises, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
28. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner so as to ensure that there is no public nuisance or obstruction of the public highway.
29. No deliveries to the premises shall take place between 09:00 and 18.00 hours.
30. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day unless it is during the Council’s own times for commercial waste collection carried out for the street as stated on its website.
31. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
32. 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 unless it is during the Council’s own times for commercial waste collection carried out for the street as stated on its website.
33. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
34. 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.
35. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
36. 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.
37. No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises are constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the Licensing Authority. If there are minor changes during construction new plans shall be submitted when requesting removal of this condition.
38. The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 90 persons. Final capacity figure shall be determined on clearance of “works” condition, but it shall not be more than 90.
39. There shall be no smoking in Meard Street.
40. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
41. There shall be SIA Security for any private event for more than 35 persons after 20:00 hours until close.
This is the Full Decision of the Licensing Sub-Committee which take
effect Forthwith.
Licensing Sub-Committee
9 December 2021
Supporting documents:
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LSC Report_12 Meard Street_Redacted, item 3.
PDF 2 MB - Restricted enclosure View the reasons why document 3./2 is restricted
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