Agenda item
Private Members Club - Chess Club, Basement to First Floor, 1a Chesterfield Street, W1J 5JG
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
28 JULY 2022
Membership: Councillor Maggie Carman (Chair) Councillor Iman Less and Councillor Jacqui Wilkinson
Officer Support Legal Adviser: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Jack Robinson-Young
Presenting Officer: Roxsana Haq
Application for a Variation of a Premises Licence in respect of Chess Club Basement to First Floor 1a Chesterfield Street W1J 5JG 22/03665/LIPV
Other parties present: Jack Spiegler (Thomas and Thomas Solicitors), Dave Nevitt(Environmental Health Service), Kevin Lansdown (ECC Mayfair Limited).
Full Decision
Premises
Chess Club
Basement to First Floor
1a Chesterfield Street
London
W1J 5JG
Premises Licence Holder
ECC Mayfair Limited
Cumulative Impact Area
None
Ward
West End
Special Consideration Zone
None
Activities and Hours
As per the premises licence save for the variations applied for.
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a private proprietary members clubon the basement, ground and first floors. The Premises Licence Holder (“PLH”) is ECC Mayfair Limited.
The Premises have been licensed since 2016 and are currently licensed under reference 18/13801/LIPT. The PLH has provided submissions in the form of resident letters in respect of their representations and a presentation. These can be found at Appendix 2 of the Agenda Report. The PLH also applied for pre application advice prior to submitting this application where a couple of visits have been held at the Premises with Environmental Health. The Premises is in the West End Ward but not located within either the West End Cumulative Impact Zone or Special Consideration Zone.
There is a resident count of 84.
The PLH wishes to vary the licence as follows: -
A. Regularise changes to the premises layout following pre-application advice from the City of Westminster’s Environmental Health Consultation Team and District Surveyor advice reference 21/14139/PREAPM.
The proposed changes to the layout include the introduction of the second floor of the premises albeit with no overall increase in the permitted capacity of the premises.
B. Add works condition
The variation of this premises licence 18/13801/LIPT to vary the layout of the premises will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from this licence by the licensing authority. Where there have been minor changes to layout updated layout plans shall be provided to the Licensing Authority.
C. Vary capacity condition 30 FROM
The capacities are: Ground Floor: 60, First Floor: 60 (excluding staff)
TO
The capacities are: Ground Floor: 60, First Floor: 60, Second Floor 30 subject to an overall maximum of 120 at any one time (excluding staff).
The variation of capacity condition 30 does not result in an overall increase of the existing total permitted capacity of the licensed premises.
The application follows pre application advice from Westminster City Council and does not propose any changes to the permitted licensable activities, hours or an overall increase in capacity.
Representations received
• Environmental Health Service (Dave Nevitt)
• 4 Local residents
Summary of issues raised by objectors
· Representation is made in relation to the application, as the proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.
· On behalf of my clients, the family who live at 3 Chesterfield Street, I want strongly to object the plans of the opening the venue which will be running late night parties and selling alcohol until 12am. There is enough trouble cause by residents of the rented apartments at 6 Chesterfield Street. All local residents are tired from the drunk people who are staying in the apartments. They cause a lot of disturbance. Hopefully, the plans of the opening the private members club at 1a Chesterfield Street will be rejected by Westminster Council.
· Noise levels coming from the property next door, which we share a party wall with will create a high volume of noise. We have multiple businesses operating out of our building (1 Chesterfield Street W1J 5JF) and we feel that having up to 120 people will create noise levels which will cause disruption to our tenants during business hours. High volumes of people standing outside the building smoking and drinking and talking loudly causing further disruption to our businesses. We are concerned the amount of extra people visiting the street will create traffic congestion. The street is narrow and parking either side of the street will cause difficulties for our clients, delivery drivers and trades-people. Chesterfield street is predominantly a residential street, opening a club on this street will change the dynamic considerably creating a 5:1 ratio (club members to residents). 120 club members plus 30 or so staff creates an intolerable fire risk in a small building with only one fire exit; also, the added consideration of parking on both sides of the street making it impossible for fire trucks to get through in the event of a fire. Kindly review our concerns and let me know how we should proceed with our objection.
· The last club on the premises created havoc in Chesterfield Street both day and night. During the day constant deliveries blocked the street as vans found nowhere to park. At night, dozens of smokers stood in the roadway and blocked the pavement drinking and shouting as they became more intoxicated creating both a public nuisance and a threat to public safety through their disorderly behaviour. With windows open during the summer, the sounds of music, and 120 people plus staff will create a constant public nuisance and ensure that residents get very little rest until way beyond the time the club is obliged to shut. Chesterfield Street is very narrow with parking on both sides, 120 people leaving after midnight will create a massive disturbance to all residents as well as tailback traffic jams of taxis with nowhere to stop other than the middle of the road. 120 members plus thirty staff will change what is a quiet residential street, occupied by some thirty or so residents into a very busy and noisy thoroughfare, outnumbered 5:1 by club members m120 residents plus staff will be a shocking fire hazard in such a small building with one staircase and no lift. This is a matter of public safety as fire tenders will not be able to get to them source of the blaze due to the narrow width of the street and parking on both sides. By granting this licence and its extension you are in effect ignoring the wishes of the residents, creating a public nuisance, encouraging crime and creating a flagrant fire hazard.
Policy Position
Policies HRS1 and COMB1 both apply under the City Council’s Statement of Licensing Policy apply (SLP).
HRS1
A. Applications within the core hours set out below in this policy will
generally be granted for the relevant premises uses, subject to not
being contrary to other policies in the Statement of Licensing Policy.
B. Applications for hours outside the core hours set out in Clause C
will be considered on their merits, subject to other relevant policies,
and with particular regard to the following:
1. The demonstration of compliance in the requirements of policies
CD1, PS1, PN1 and CH1 associated with the likelihood of the effect
of the grant of a licence for later or earlier hours on crime and
disorder, public safety, public nuisance and the protection of children
from harm.
COMB1
A. Applications outside the West End Cumulative Impact Zone
for premises that propose to operate as a ‘combined use premises’ will be considered on their merits and subject to:
1. The application meeting the requirements of policies CD1, PS1,
PN1 and CH1.
2. The hours for licensable activities for the relevant use being 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 taken account of the Special Consideration
Zone policy SCZ1 if the premises are located within a designated
zone.
B. Applications inside the West End Cumulative Impact Zones
for premises that propose to operate as a ‘combined use premises’
will be considered on their merits and subject to:
1. The application meeting the requirements of policies CD1, PS1,
PN1 and CH1.
2. The hours for licensable activities for the relevant premises
use being 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 demonstrating that they will not add to cumulative
impact within the Cumulative Impact Zone.
C. When considering what weight is to be given to the relevant uses
and policies the Licensing Authority will take into account:
1. Whether it will undermine the licensing objectives.
2. The current and proposed use of the premises.
3. When those uses will take place.
4. What the primary use of the premises is or the uses that will take
place in different parts of that premises.
5. Whether there would normally be a presumption to refuse an
application for that use if it was operating as that premises type and
not a combined use premises.
6. Whether the hours sought for the all or parts of the premises are
within or outside the Core Hours.
D. The Licensing Authority will take into account, when considering
the application, the relevant considerations from each of the
appropriate premises uses policies within this statement
E. For the purpose of this policy a Combined Use Premises means
premises which require a premises licence and where there is more
one premises use, and where the uses are not dependent on/
or part of the other uses i.e. are not ancillary to the other uses.
SUBMISSIONS AND REASONS
The Presenting Officer Roxsana Haq introduced the application to the Sub-Committee. She advised that this was an application to vary the premises in respect of Chess Club Basement to First Floor 1a Chesterfield Street W1J 5JG. The PLH is ECC Mayfair Limited. ThePremises operates as a private proprietary members clubon the basement, ground and first floors. Representations were received from the Mr Dave Nevitt of the Environmental Health Service and four local residents. The Premises is in the West End Ward but not located within either the West End Cumulative Impact Zone or Special Consideration Zone.
Mr Jack Spiegler, Solicitor appearing on behalf of the PLH addressed the Sub-Committee. He introduced the application for a variation which centred around the layout of the Premises with no overall capacity increase.
Mr Spiegler explained there was already a premises licence for this building, but the PLH wanted to amend the layout to add the second floor to the licensable area. Regarding the objections he advised that there had been some misunderstanding that an additional 120 people was to be added to the building, but in fact this was the total figure which would not increase only the expansion of the licensable area.
Mr Spiegler advised he was approached about this capacity figure by concerned parties but when the true position was clarified they did not then go on to object to the licence and those who did object were contacted with no forthcoming reply.
Mr Kevin Lansdown from ECC Mayfair Ltd addressed the Sub-Committee gave some back history and explained they started initially in Paris and have recently moved into London. They have traded as retail or as a restaurant in Paris for almost 100 years. Their club clientele was aimed at international members via their parent company in Paris, but members are by invitation only, it is not open for general admissions to the club with membership costing £2,000 per annum.
The Chair of the Sub-Committee asked about the jobs generated and Mr Lansdown replied that there would be around 30-40 jobs created and he would of course consider hiring locally.
The Sub-Committee enquired about the representation from a local resident regarding the opening up of the second floor of the Club and how would staff be able to escape with the narrow staircase. Mr Spiegler explained that the local resident had been contacted and her concerns addressed but no response had been received back from her.
Mr Dave Nevitt from the Environmental Health Service addressed the Sub-Committee explaining they have spent many hours on site facilitating public safety arrangements. The staircase in question is a single staircase which did raise concerns regarding fire especially. He reported that the Environmental Health Service were in a positive position following the investment from the Club to be satisfied with the fire safety arrangements for public safety. As the overall capacity or hours remain unchanged, public nuisance is not to be affected.
The Chair of the Sub-Committee asked where smokers may go, Mr Nevitt explained that the overall capacity is small, and the percentage of smokers will be even less. Mr Lansdown explained they will have an SIA monitoring the outside area and can monitor smokers as well.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. There is no policy presumption to refuse the application.
The Sub-Committee has determined a Variation of a Premises License to change the layout of the premises and vary the capacity conditions but with no overall increase in capacity.
The Sub-Committee noted the works to be undertaken to the layout of the Premises in accordance with the submitted plans to include the introduction of the second floor with no overall increase in the permitted capacity of the Premises and therefore agreed the new capacity figures and new works condition.
The Sub Committee welcomed the fact that the relevant public safety issues affecting the Premises had been resolved and that the PLH had been proactive in working with the Environmental Health Service and local residents and agreement had been reached regarding the proposed conditions.
The Sub-Committee was persuaded by the PLH that they would be a responsible operator by having the necessary measures and safeguards in place that would help mitigate the concerns of those objecting and promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:
1. To Grant permission for the works to be undertaken to the layout of the Premises in accordance with the submitted plans to include the introduction of the second floor with no overall increase in the permitted capacity of the Premises.
2. That renumbered Condition 30 and specified below as Condition 28 is to be modified accordingly with the new capacity figures and to remain on the licence with full force and effect.
.
3. That a new works Condition is to be imposed on the licence as specified below in Condition 32.
4. To add conditions in the terms specified below.
5. That the varied licence is subject to any relevant mandatory conditions.
6. That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.
7. That the varied 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 licensing hearing with the agreement of the Applicant
8. Alcohol may only be sold for consumption:
a) by members of a private club and their bona fide guests (not exceeding 4 guests per member). No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission
b) Persons attending a pre- booked and bona fide private function or event to which members of the public are not admitted. A register of persons attending the event shall be kept at the premises and made available for immediate inspection by police or an authorised officer of the Council.
9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or
authorised officer throughout the preceding 31 day period.
10. 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.
11. 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.
12. A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport or proof of age card with the PASS Hologram.
13. 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, which will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received regarding crime disorder
(d) any incidents of disorder
(e) any faults in the CCTV system
(f) any refusal of the sale of alcohol
(g) any visit by a relevant authority or emergency service.
14. 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.
15. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of the local residents and businesses and leave the area quietly.
16. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the need of local residents and use the area quietly.
17. 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.
18. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel; at its junction with the kerb edge, is swept and or washed and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
19. No collection of waste or recycling materials (including bottle) from the premises shall take place between 23:00 and 07:00 on the following day.
20. No deliveries to the premises shall take place between 23:00 and 07:00 on the following day.
21. All waste if to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
22. The licence shall have no effect until the works as set out in drawings appended to the application have been assessed as satisfactory by the Environmental Health Consultation Team, and this condition has been removed from the licence.
23. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 5 persons at any one time.
24. 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.
25. No licensable activities shall be permitted in the basement of the premises.
26. In the ground floor members' dining area marked on the plan, the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
27. In the ground floor members' dining area marked on the plan, the supply of alcohol shall be by waiter or waitress service only.
28. The capacities are: Ground Floor: 60, First Floor: 60, Second Floor 30 subject to an overall maximum of 120 at any one time (excluding staff).
29. After 21:00 hours, at least 1 SIA licensed door supervisor shall be on duty at the entrance of the premises at all times whilst it is open for business and until customers disperse.
30. 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.
31. There shall be no promoted events at the premises booked and organised by an external promoter with a view to selling tickets to the public for profit.
32. The variation of this premises licence 18/13801/LIPT to vary the layout of the premises will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from this licence by the licensing authority. Where there have been minor changes to layout updated layout plans shall be provided to the Licensing Authority.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
28 July 2022
Supporting documents:
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Report 1A Chesterfield _Redacted, item 2.
PDF 2 MB - Restricted enclosure View the reasons why document 2./2 is restricted