Agenda item
St Mary's Church, Wyndham Place, W1H 1EA
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1
(“The Committee”)
Thursday 1 December 2022 – Item 2
Membership: Councillor Aziz Toki (Chairman)
Councillor Iman Less and Councillor Melvyn Caplan.
Officer Support: Legal Advisor: Viviene Walker
Policy Officer: Daisy Gadd
Committee Officer: Sarah Craddock
Presenting Officer: Roxsana Haq
Other Parties: Chris Grunert (from John Bolton and partners representing the Applicant) and Charlotte Anderson and Sally Watson (representing the Applicant)
Sally Fabbricatore (Environmental Health Service)
Councillor Barbara Azymanow (Ward Councillor for Marylebone Ward)
Application for a New Premises Licence – St Mary’s Church Wyndham Place London W1H 1EA – 22/08966/LIPN
Full Decision
Premises
St Mary’s Church
Wyndham Place
London W1H 1EA
Applicant
The PCC of St Mary Bryanston Square with St Mark
Ward
Marylebone
Cumulative Impact Zone
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
· Sale by Retail of Alcohol (On Sales)
Monday to Sunday 11:00 to 22:30 hours
· Hours Premises are open to the Public
Monday to Sunday 08:00 to 00:00 hours
Seasonal Variations: On occasion the venue may be accessed from
05:00 hours by clients and staff for events and close at midnight but
the public vacate by 23:00 hours (standard event end time is 22:30 hours)
Summary of the Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises are a church which is rented as an events venue from Monday to Saturday 08:00 to 22:30 hours with staff on site until 00:00 hours.
The Premises are located in the Marylebone Ward but not within the Cumulative Impact Zone or the Special Consideration Zone. Applications outside the West End Cumulative Impact Zone will generally be granted subject to matters identified in Policy CCSOS1. There is a resident count of 242.
Representations Received
· Environmental Health Service (Sally Fabbricatore)
· Ward Councillor (Cllr Karen Scarborough)
Issues raised by Objectors
· The granting of the new Premises Licence as presented would have the likely effect of causing an increase in Public Nuisance in the area and may impact on Public Safety.
· The application will not promote the licensing objectives, namely, Prevention of Public Nuisance, Crime and Disorder and the Protection of Children from Harm.
· There is concern in relation to the capacity of the venue to hold events selling alcohol that would lead to a public nuisance on dispersal.
Policy Position
CCSOS1
Applications outside 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 being within the Council’s Core Hours Policy HRS1.
3. The application and operation of the venue meeting the definition of a cinema, cultural venue, live sporting premises or outdoor space as per Clause C.
HRS1
Applications within the core hours set out 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.
SUBMISSIONS AND REASONS
Mr Grunert advised that the Applicant had hired out its multi-functional rooms to the public for around ten years. He explained the Premises are spread over two floors and was a perfect space to hold concerts, meetings, a social supermarket, and a nursery group. He stated that the church had strong connections with the local school and the local community. He explained that the Premises had a capacity of 700 persons however events held at the Premises were usually with a much smaller capacity. He added that on average there were two/three events held on the Premises each week. Mr Grunert advised that the application had been made not to change the style of operation and explained the many Temporary Event Notices the Premises had applied for during the year.
Mr Grunert then discussed the proposed conditions with the Sub Committee and advised that all doors and windows would be closed at 21:00 hours and that the Environmental Health Service had agreed to delete condition 25 as the Premises would not operate like a West End Theatre. He further advised that the word ‘substantial would be removed from condition 23.
Mr Grunert referred to the Ward Councillors’ representations regarding the need for SIAs at events. He advised that the Premises had employed SIAs when they had deemed it necessary by the nature of the event that they were running and after a full risk assessment had taken place. He advised that the Applicant would like to continue to work in this way and not have to employ SIAs for every event. He explained that the Premises had operated throughout the year without SIAs and there had been no crime or disorder or complaints. He outlined the operation of the gin event that was held annually at the Premises where ‘off’ sales were offered. He advised that the Sub Committee should have confidence in the operator because of the details conditions that would be attached to the Premises Licence.
In response to questions from the Sub Committee, Mr Grunert advised that the capacity for the candlelight concerts were usually around 150 persons and that there were fewer than three events held during the year where the capacity went above 600 guests. Mr Grunert added that not all events held during the year offered alcohol. He emphasised that the Applicant did not want a condition limiting the number of events that could be held at the Premises. He added that the Premises had an operating plan and management plan and in the 10 years of operation no formal action had been taken against the Premises.
Mr Grunert described how many people could be seated in each area/room of the Premises and confirmed that the licensable activities would take place in the main hall when concerts were held and in the basement area. He advised that the Premises would never be hired out to two different clients at the same time, that staff were on the site 90 minutes after the close of any event and did a walk around the venue to see if any area needed cleansing. He stated that the Premises had a dispersal plan and there had been no individual objections from local residents. He advised that the Applicant was more than happy to provide a telephone number that the public could use if they had any concerns regarding the operation of the Premises.
Ms Sally Fabbricatore, representing the Environmental Health Service (EHS), advised that EHS had maintained their representations on the Public Nuisance and Public Safety Licensing Objectives, however, after having discussions with the Applicant, EHS no longer had any issues with the application. Ms Fabbricatore stated that she was present to assist the Sub Committee if they had any questions regarding the conditions that had been agreed between the EHS and the Applicant. She detailed her visit to the Premises with the District Surveyor and confirmed that they were both happy with the operation of the Premises. She highlighted condition 2 ‘Licensable activities shall be ancillary to the premises being used primarily as a Church’ which protected the building becoming anything else such as a nightclub. She confirmed that all events were ticketed events and that members of the general public would not be able to walk into an event off the streets. She stated that the hours for the sale of alcohol were reasonable and the Temporary Event Notices (TENS) that had been granted for the candlestick concerts had worked well and there had been no complaints. She advised that EHS was happy for the Premises to continue to risk assessment each event regarding the need for SIAs. She advised that the capacity of 700 was agreed and they were content for the Premises to manage the capacity and did not feel that it would be beneficial to limit the number of events. She confirmed that she considered that the proposed conditions were proportionate and appropriate and would promote the licencing objectives.
Councillor Barbara Azymanow, Ward Councillor for Marylebone Ward advised that this was a church with an echo affect where singing and music were carried over the Piazza and the level of noise could be unacceptable for the local residents. She advised that a choir or even a congregation of 50 was very loud. Mr Grunert advised that the activities in the church were not being regulated and that the church had been situated in the same location for over 300 years. Councillor Arymanow continued and advised that it was a very small residential area and outlined how concerned she was about the number of events being held in the Premises during the week as well as the dispersal of people after such events. She advised that SIAs would be necessary to help with the dispersal of people and that residents would be reassured if a phone number was made available to them if issues occurred. She stated that the local residents did not feel comfortable with the church selling alcohol. She requested that the church ensures that the events held at their Premises were acceptable to residents.
In response to questions from the Sub Committee, Councillor Azymanow advised that she had received lots of complaints regarding the events being held at the church. She advised that it was the number of events being held at the church that were worrying her and the residents.
During her summing up, Ms Fabbricatore advised the Sub Committee that people could not take drinks outside and the Premises did have a management plan which included their dispersal policy. She confirmed that amplified music was conditioned on the Premises Licence. Ms Fabbricatore requested that if complaints were being made about the Premises that the Council be made aware so that the City Inspectors could visit the Premises and/or evidence could be collated for these types of hearings.
During his summing up, Mr Grunert advised that the church was very much part of the community and that the Sub Committee should feel confident, from what they had heard today, that the Applicant would promote the licensing objectives.
CONCLUSION
The Sub-Committee has a duty to consider each application on its individual merits and took into account all the committee papers, submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter.
The Sub-Committee noted that the Premises were operated as a church and had regard to the fact that the Applicant was an experienced operator who had operated and hired out the venue and the multi-functional space for over 10 years. The Environmental Health Service confirmed that they did not have any specific issues with the Premises when it came to public nuisance and crime and disorder and only maintained their objections in case the Sub Committee had any questions regarding the proposed conditions which had been agreed with the Applicant. The Sub Committee further noted that the conditions imposed on the Premises would alleviate any residential concerns.
The Sub-Committee imposed on the Premises Licence Model Condition 24 which requires that a telephone number be made available for the Premises so that local residents and businesses in the vicinity can make contact should any problems arise.
The Sub-Committee considered that the conditions imposed on the Premises Licence were appropriate and would ensure that the four licensing objectives were promoted.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after talking 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 by Retail of Alcohol (On Sales)
Monday to Sunday 11:00 to 22:30 hours.
2. To grant permission for the Opening Hours for the Premises
Monday to Sunday 08:00 to 00:00 hours.
Seasonal Variations: On occasion the venue may be accessed from 05:00 hours by clients and staff for events and close at midnight but the public vacate by 23:00 hours. (Standard events end time is 22:30 hours).
3. That the Licence is subject to any relevant mandatory conditions.
4. 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
1. Licensable activities shall be ancillary to the premises being used primarily as a Church.
2. There shall be no fixed bar at the premises.
3. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
4. The number of persons permitted in the premises shall not exceed 700 (excluding staff).
5. 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.
6. All windows and external doors shall be kept closed 21:00 hours or whenever amplified music is played within the premises except for the immediate access and egress of persons.
7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
8. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
9. 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.
10. No noisy set up or break down of equipment for events shall take place externally between the hours of 23:00 and 08:00 hours.
11. 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.
12. A 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.
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. 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 refusal of the sale of alcohol
(g) any visit by a relevant authority or emergency service.
14. 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.
15. 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.
16. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
17. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
18. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
19. Any special effects or mechanical installations shall be arranged, operated and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the licensing authority where consent has not previously been given:
• dry ice and cryogenic fog
• smoke machines and fog generators
• pyrotechnics including fireworks
• firearms
• lasers
• explosives and highly flammable substances.
• real flame
• strobe lighting.
20. Licensable activities at the venue shall only be provided at prebooked events.
21. There shall be a member of staff from St Mary’s Church on site at all times licensable activities are taking place.
22. A suitable and sufficient Event Management Plan shall be drawn up by a competent person for each event or function which must be made available on request to the Responsible Authorities. This should be kept for at least one year and must contain information and assessments, as a minimum, on the following aspects where relevant:
i. Details of responsible persons including at least one person with management responsibilities of the licence holder
ii. Maximum capacity
iii. Stewarding
iv. Emergency Evacuation Plan
v. Use of Special Effects
vi. Noise Management Plan including arrival and dispersal arrangements
vii. Requirement for licensed security
viii. Queueing arrangements
23. 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.
24. No noisy deliveries to the premises shall take place between 23.00 and 07:00 hours on the following day.
25. 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.
26. The use of SIA licensed door supervisors shall be implemented on a risk assessment basis as detailed in the Event Management Plan.
27. 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 in the vicinity.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
Licensing Sub-Committee
1 December 2022
Supporting documents:
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St Marys Church_New_Premises_Report_Redacted, item 2.
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