Agenda item
Basement, 35 The Piazza, Covent Garden, WC2E 8BE
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 Basement 35 The Piazza Covent Garden London WC2E 8BE 22/03768/LIPV
Other parties present: Mr Jack Spiegler(Thomas and Thomas Solicitors), Mr Pierre-Charles Cros (Experimental Piazza Ltd), Mr Xavier Padovani (Experimental Piazza Ltd), PC Adam Deweltz(Metropolitan Police Service).
Full Decision
Premises
Basement
35 The Piazza
Covent Garden
LONDON
WC2E 8BE
Premises Licence Holder
Experimental Piazza Limited
Cumulative Impact Area
West End
Ward
St James’s
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”) in respect of Basement 35 The Piazza Covent Garden London WC2E 8BE. The Premises operates as a nightclub and bar with restaurant facilities. The Premises Licence Holder (“PLH”) is Experimental Piazza Limited. The Premises has been licensed since 2005 and is currently licensed under reference 22/02476/LIPT. The PLH has received pre-application advice and this can be seen at Appendix 2 of the Agenda Report together with an entry and dispersal policy, application summary and a presentation about the company which were considered by the Sub-Committee. The Premises is located within the St James’s Ward and West End Cumulative Impact Zone. There is a resident count of 40.
The PLH wishes to vary the licence as follows: -
· Regularise changes to the premises layout as shown on the plan appended to the application and following pre application advice reference 22/01339/PREAPM. There is no change to the ground floor entrance area.
· Remove Condition 22 relating to a non-existent cross hatched green area which is neither shown on the current licence plans or proposed plans. This condition appeared on the licence 12/09722/LIPDPS following an application to vary the designated premises supervisor and has remained since then. However, there was no application made to add this condition onto the premises licence.
· Remove Conditions 29 and 30 relating to an ID scanner. This proposal follows ongoing discussions with the Metropolitan Police.
The application does not propose any changes to the existing permitted licensable activities, hours, or capacity.
Representations received
Metropolitan Police Service (PC Adam Dewletz)
Summary of issues raised by objectors
The Metropolitan Police, as a responsible authority, are making a representation against this application. The venue is situated within the Cumulative Impact Area. It is our belief that if granted, the application could undermine the Licensing Objectives in relation to The Prevention of Crime and Disorder. Concern was expressed although the premises is under new management, this did not automatically mean conditions can be removed and that ID scanners were unintrusive and commonplace.
Policy Position
Policies MD1 and HRS1 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.
MD1
B. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone other than:
1. Applications to vary the existing licence hours within the Council’s Core Hours Policy HRS1, and/or,
2. Applications that seek to vary the existing licence so as to reduce the overall capacity of the premises.
C. The applications referred to in Clause B1 and B2 will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The operation of any delivery services for alcohol and/or latenight refreshment meeting the Council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
3. The application and operation of the venue continuing to meet the definition of a music and dance premises in Clause D.
D. For the purposes of this policy a music and dance premises is defined as a premises whereby the primary purpose of the venue is to:
1. Provide regulated entertainment in the form of music, either in the form of live performances or recorded, to customers.
2. Provide regulated entertainment in the form of music, either as live performances or recorded, and provide facilities for the provision of dance.
3. The sale by retail of alcohol may be provided as either a considerable element of the operation of the premises or ancillary to the provision of regulated entertainment.
a. Examples of venues that would fall within this policy are night clubs or bars that provide music and dancing.
b. De-regulated entertainment (as set out in the glossary will not be subject to this policy).
SUBMISSIONS AND REASONS
Mr Jack Spiegler, Solicitor appearing on behalf of the PLH addressed the Sub-Committee. He introduced the application and said regarding the change of layout to the Premises no concerns have been raised. The Metropolitan Police initially objected to remove Conditions 29 and 30 but there have since been conversations on a potential compromise.
Mr Spiegler said that the concern was of the unknown risk of removing the ID scanners but to compromise they have agreed to a 6 month pause on the conditions to be reviewed and if this goes well, the PLH will come back for a permanent removal. If this is not a positive step, then the conditions will remain. He suggested to rectify this, a further Condition to have Conditions 29 and 30 to have no effect for 6 months from the opening date could be imposed on the premises licence if the Sub-Committee deemed it acceptable.
PC Stewart from the Metropolitan Police Service addressed the Sub-Committee stating that previously this Premises had a lot of adverse history, hence why there was an initial objection. It was accepted that this was a new operator with a new style of business operating in the Premises. Following on from conversations with Mr Spiegler, he agreed this 6-month period would allow for evidence to be built up, to then review on either side as to whether to keep the ID scanning removed or if it needed to be continued as it was for the previous business operating.
Mr Spiegler at the Sub-Committee’s request went into some detail regarding the business’s operation in order to get a better understanding of its daily operation and how this would function in practice as a multi-use Premises with live entertainment and a restaurant. He explained that the PLH were operators who already contributed to Westminster and there was a £4million redevelopment of the Premises, which was previously more of a nightclub in the evenings with vertical drinking. He stated that the previous PLH did have concerns raised by the Metropolitan Police and so voluntarily agreed to ID scanners which were appropriate for the time.
Mr Spiegler explained that this no longer fitted the demographic frequenting the Premises. He said that the business model was now somewhat different in that the Premises would attract a sophisticated and mature clientele. Mr Spiegler explained that potential customers may have to join a queue to then get their ID scanned before entering, contrasted say with a young reveller going into a nightclub may be accustomed to. However, a distinction needs to be drawn where a couple out for a meal and a few drinks would not expect to queue on the street after dinner when going for a drink or even have ID on their person. There is an enhanced entry and ejection policy to ensure the licensing objectives can be upheld despite not having the ID scanners, and to ensure the Metropolitan Police have minimal issues with the Premises. He then went onto state this business now operating in the Premises is no longer solely focussed on the sale of alcohol and vertical drinking. Finally, Mr Spiegler explained that prior to taking over a previous premises, the PLH had by way of example turned a different venue around and reduced the cumulative impact of the area, proving that the PLH has a good track record when it comes to the management of its premises.
The Chair of the Sub-Committee then asked the Metropolitan Police for any historical information they may have that may help assist the Sub-Committee inform their views given the context in which they were dealing when considering whether the ID Scanner condition is removed. In reply, PC Stewart gave an example that if 15 people were asked to leave by door staff and as such this then escalated into a violent episode with one person was then charged. If an ID scanner was present all information would have been able to be passed on to the Metropolitan Police and would have aided their enquiries. The ID scanner at that time was entirely appropriate for the business.
The Sub-Committee queried that if this business were then to close for whatever reason, there would be no condition for an ID scanner on the licence. Mr Spiegler replied saying that he had also discussed a further proposed condition on the Licence linking the licence to the management company directly. If this were to happen, the Conditions would have the effect of coming back into force should the Licence be moved or sold on. The Sub-Committee sought clarification on the type of events that the PLH envisage putting on. Mr Pierre-Charles Cros of Experimental Piazza Ltd replied saying these would be centred around music and shows.
PC Stewart reiterated his comments and concerns to the Sub-Committee again to inform them of the Police’s rational for objecting to the variation. He said the Premises is within the West End Cumulative Impact Zone but there are no restrictions on vertical drinking. Should the PLH wish to do so they could potentially operate as a nightclub despite having nothing to show they will. He said that not every premises operates ID scanners the same way, some have large groups of people waiting outside but some high-end private members clubs operate an ID scanner that presents no queue and is quickly done. However, ID scanners also act as a deterrent for those who may commit a crime as they may avoid the premises altogether if they know their details will be taken and logged. ID scanners are also more reliable than the human eye especially when seeking to reduce underage drinking and they can also store data to ensure those who have been banned from the premises cannot re-enter again.
PC Stewart also reminded the Sub-Committee that this was not going to be imposed on the PLH because it is already existing as a condition, hence the request to seek its removal.
Mr Horatio Chance, the Legal Advisor to the Sub-Committee asked the PLH to explain what effect an ID scanner would have on the running of the business. Mr Xavier Padovani of Experimental Piazza Ltd said he had experienced it himself and found that the moment a customer comes in, to be met by an ID scanner was not the impression they were wanting to make and do not want a delay for a customer coming into their establishment, if they do indeed have their ID on them. When asked if this could be advertised on their website, Mr Cros replied and said that there is only so much they can advertise. Mr Cros also said that they will have CCTV in the Premises and will work on the plan for this alongside the Metropolitan Police. He also advised that they aimed to have more security than the Metropolitan Police would ask for so those specific concerns should be alleviated.
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. Accordingly, the Premises falls within the West End Cumulative Impact Zone and so the PLH must prove exceptional reasons as to why the application should be granted.
The Sub-Committee has determined a Variation of a Premises Licence to regularise the layout of the Premises where refurbishment and improvement works are currently being undertaken by the PLH to include reconfiguration of dispense bar, extension of servery, new booth seating in the dispense bar area, reconfiguration of fixed seating throughout the Premises and an addition of a disabled WC.
The application seeks the removal of conditions one of which relates to a non-existence “cross hatched green area” neither shown on the licensed plans or proposed plans together with 2 conditions relating to the requirement of ID Scanners which are a bone of contention for both parties namely the PLH and the Police.
The Premises are proposed to be used as a multi-use venue with live entertainment a restaurant and carefully curated drinks menu drawing upon the PLH’s international experience and reputation. The Sub-Committee noted the huge investment ploughed into the business by the PLH by some 3-4 million which fits into the City Council’s concept under its SLP by creating a range of cultural venues and thus considered an exception to policy as this will have the desired effect of reducing the extent of dominance of pubs, bars, nightclubs and fast food premises within the West End Cumulative Impact Zone.
The Sub-Committee agreed to the removal of Condition 22 relating to the cross hatched green area as this served no purpose being on the licence.
However, in relation as to whether the two ID scan conditions should be removed from the premises licence the Sub-Committee considered carefully the very well-made arguments for and against as put forward by the PLH and the Police. However, the key question for the Sub-Committee to consider is what the likely effect the removal of the conditions would have on the PLH’s ability to run the Premises when considering public nuisance and crime and disorder issues and the associated risk involved in their removal and whether both the public nuisance and crime and disorder licensing objectives were to be undermined as a result.
The Sub-Committee considered the extent of its powers contained under sections 34 and 35 of the Act, the latter dealing with the steps the Sub-Committee should take when determining such a variation application i.e., “that it should take such steps considered appropriate for the promotion of the licensing objectives be that to reject in whole in part the application” having regard to Paragraphs 9.44 and 10.10 on pages 75 and 78 respectively of the Home Office Guidance .
In deciding this very complex issue the Sub-Committee had to consider the style nature and character of the Premises and whether based on the evidence before it a significant change would justify the removal of the two conditions and the potential risks in doing so. It was noted that the Premises operated previously as a night club where ID Scanners were considered appropriate and proportionate and quite rightly conditions had been imposed on the premises licence. However, the Sub-Committee in its determination of the matter realises that it must strike the right balance when considering whether conditions should be removed or remain on a premises licence and ultimately the deciding factor is whether the licensing objectives are likely to be undermined.
The Sub-Committee did not want to be seen to be making a rash decision when it came to arriving at its decision but this decision was based on a common sense and pragmatic approach when looking at the evidence and the promotion of the licensing objectives. Before arriving at this view, it had to decide whether the two conditions were still “appropriate” notwithstanding the passage of time and their possible removal on a permanent basis and regarded that they were.
The Sub-Committee decided that Conditions 29 and 30 (renumbered 28 and 29) requiring the Premises to have an ID Scanner shall temporarily be suspended for a period of 6 months and have no effect following the removal of the works condition as specified below in Condition 32. However, after this period has ended both conditions shall be reinstated and remain in full force and effect as if the suspension had not been granted. The Sub-Committee concluded that the stance it had taken was appropriate and proportionate in all the circumstances.
The Sub-Committee considered the entry and dispersal policy produced by the PLH as a comprehensive document which persuaded the Sub-Committee to depart from policy and the various commitments the PLH was able to give when it came to the running and management of the Premises by the appointed Designated Premises Supervisor and experience staff.
The variation does not change the opening hours or the sale of alcohol, instead the application is centred around the removal of 3 conditions concerning the use of ID scanners and the layout of the Premises. The Sub-Committee therefore decided that the PLH had proven exceptional circumstances in the West End Cumulative Impact Zone due to the style, nature and character of the Premises.
The Sub Committee in addition welcomed the fact that the PLH was an experienced operator as it held and was operating other premises in Westminster as well as internationally which demonstrated their commitment to promote the licensing objectives. The Sub-Committee agreed and imposed a new works condition on the premises licence which means licensable activities cannot take place at the Premises until this is signed off by the Council’s Environmental Health Service.
The Sub-Committee was persuaded by the PLH that they would be a responsible operator by having the necessary measures and safeguards in place and that the conditions it has imposed on the premises licence 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.
2. That the Premises Licence Holder is to operate and implement an entry and ejection policy as specified below in Condition 31.
3. That Condition 22 is hereby removed from the licence and no longer ceases to have effect.
4. That a new works Condition is to be imposed on the licence as specified below in Condition 30.
5. That Conditions 29 and 30 (renumbered 28 and 29) requiring the Premises to have an ID Scanner shall temporarily be suspended for a period of 6 months and have no effect following the removal of the works condition as specified below in Condition 32. However, after this period has ended both conditions shall be reinstated and remain in full force and effect as if the suspension had not been granted.
6. To add conditions in the terms specified below.
7. That the varied licence is subject to any relevant mandatory conditions.
8. That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.
9. 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
10. This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.
11. Notwithstanding the provisions of Rule of Management No. 6 the premises may remain open for the purposes of this licence from 11pm on each of the days Monday to Saturday to 3am on the day following, and from 11pm on Sunday to 1am on the day following.
12. A telephone line dedicated to the receipt of complaints from the public shall be continuously manned throughout the hours of opening and for 30 minutes after the end of the hours of opening.
13. An announcement shall be made on the public address system at the premises to be audible by all customers therein not less than 15 minutes between a time one and a half hours before closing time and closing time each night directing patrons to the importance of silent departure from the premises.
14. The alteration or modification to any existing sound systems should be effected without prior knowledge of an authorised officer of the Environmental Health Services.
15. The number of persons accommodated at any one time (excluding staff) shall not exceed 575.
16. The use of music and dancing at the premise shall remain ancillary to A3 use.
17. That a comprehensive CCTV system be installed to the satisfaction of the Metropolitan Police Crime Prevention officer and Environmental Health Service. All cameras shall continually record whilst the premises are open to the public which enable frontal identification of every person entering in any light condition. The video recording (i) shall be kept available for a minimum of 31 days with time and date stamping (ii) tape recordings shall be made available to an authorised officer or a police officer together with facilities for viewing (iii) the recordings for the preceding two days shall be made available immediately upon request. Recordings outside the period shall be made available on 24 hours notice.
18. No unauthorised advertisements of any kind (including poster, flyer, sticker, picture, letter, sign, or other mark) is inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or is distributed on street to the public that advertises or promotes the establishment, its premises, or any of the events, facilities,
goods, or services.
19. All refuse must be paid, properly presented, and can only be placed on street 30 minutes before the scheduled collection time
20. A minimum of five additional female public WC's shall be installed within the premises prior to the renewal of this licence.
21. The number of persons accommodated at any one time (excluding staff) shall not exceed 575.
22. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be equally available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
23. Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means:
(a) Subject to the following paragraphs, the permitted hours on weekdays shall commence at 10.00 and extend until 03.00 on the morning following, except that:
iii. the permitted hours shall end at 00.00 midnight on any day on which music and dancing is not provided after midnight; and
iv. on any day that music and dancing end between 00.00 midnight and 03.00, the permitted hours shall end when the music and dancing end;
(b) In relation to the morning on which summertime begins, paragraph (a) of this condition shall have effect:
ii. with the substitution of references to 04:00 for references to 03:00.
(c) Except on Sundays immediately before bank holidays (apart from Easter Sunday), the permitted hours on Sundays shall extend until 00.30 on the morning following, except that the permitted hours shall end at 00:00 on any Sunday on which music and dancing is not provided after midnight;
ii. where music and dancing end between 00.00 midnight on any Sunday and 00.30, the permitted hours on that Sunday shall end when the music and dancing end.
(d) On Sundays immediately before bank holidays (other than Easter Sunday), the permitted hours shall commence at 12:00 and extend until 01:00 on the morning following except that'
i. the permitted hours shall end at 00:00 midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after 00:00 midnight;
ii. where music and dancing end (or, in the case of casino premises, gaming ends) between 00:00 midnight on any Sunday and 03:00, the permitted hours on that Sunday shall end when the music and dancing end (or, as the case may be, when the gaming ends).
iii. The terminal hour for late night refreshment shall extend to 30 minutes after the end of permitted hours for the sale of alcohol set out in d(i) and (ii) above.
(e) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
(f) The permitted hours on New Year's Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00:00 on New Year's Eve.
NOTE - The above restrictions do not prohibit:
(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;
(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(c) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(e) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(f) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty's naval, military or air forces;
(g) the taking of alcohol from the premises by a person residing there;
(h) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;
(i) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
24. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(a) He is the child of the holder of the premises licence;
(b) He resides in the premises, but is not employed there;
(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress;
(d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
25. If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of the premises licence (or the holder of the club premises certificate):
(a) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate;
(b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof; and
(c) to take all other reasonable precautions for the safety of the children.
26. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
27. On no more than 25 occasions (and in substitution for Temporary Event Notices) per calendar year and following 10 working days notice to be given to the Police and Licensing Authority (or such lesser time as may be agreed with the Police) the hours for the provision of licensable activities currently provided at the premises may be extended to such time as agreed with the
Police. The Police have the power to veto any such application.
28. On any occasion when the premises are open to the public, all customers entering the premises after 21:00 hours will have their ID scanned on entry, save for when a Biometric Scanning System is in place (when fingerprint scanning will be required for all customers who have previously shown identification at the premises).
29. Notwithstanding the above condition, a maximum number of 30 guests per night may be admitted at the manager’s discretion without ID being scanned and recorded. A legible record of these people's full names shall be retained on the premises for inspection by the licensing authority and police for a period of 31 days. The name of the manager authorising the entrance without scanning will also be recorded.
30. No licensable activities shall be provided under the authority of this licence until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.
31. The Premises Licence Holder shall operate and implement an entry and ejection policy at the Premises. A copy of the policy shall be provided to the Responsible Authorities upon request.
32. Conditions 28 and 29 above shall have no effect during the first 6 months following the removal of the works condition. For the avoidance of doubt once this period has ended the conditions shall be reinstated to their former position and thereafter remain in full force and effect.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
28 July 2022
Supporting documents:
- Restricted enclosure View the reasons why document 3./1 is restricted
-
35 The Piazza Covent Garden_redacted, item 3.
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