Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 14 March 2024
Membership: Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Caroline Sargent
Officer Support Legal Advisor: Michael Feeney
Policy Officer: Kerry Simpkin
Committee Officer: Jonathan Deacon
Presenting Officer: Jessica Donovan
Others present: Mr Charles Denny (Innpacked Ltd, representing the Applicant), Mr Yannis Badakian (the proposed Designated Premises Supervisor), Mr Maxwell Koduah (Environmental Health), Mr Richard Brown, Licensing Advice Project (on behalf of Hyde Park Estate Association andSouth East Bayswater Residents’ Association) and 1 local resident (on behalf of South East Bayswater Residents’ Association).
Application for a New Premises in respect of Grand Hotel Bellevue London, 25-27 Norfolk Square, London, W2 1RX
Full Decision
Case Summary
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The premises intend to operate as a hotel.
This is a new premises licence application and therefore no premises licence history exists.
There is a resident count of 122.
Representations were received from the Environmental Health Service, the Hyde Park Estate Association and the South East Bayswater Residents association, raising concerns about the application initially being outside core hours, the potential to cause nuisance and recommending the imposition of further conditions.
Premises
Grand Hotel Bellevue London
25-27 Norfolk Square,
London, W2 1RX
Applicant
Paddington Hospitality Limited
Cumulative Impact Area
None
Special Consideration Zone
None
Ward
Hyde Park
Policy Considerations
Policies HRS1 and HOT1(A) apply.
Policy 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.
2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
4. Hotels
Monday to Thursday: 9am to 11:30pm.
Friday and Saturday: 9am to Midnight
Sunday: 9am to 10.30pm.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.
Policy HOT1(A):
A. 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 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 sale by retail of alcohol, regulated entertainment and late-night refreshment must be an ancillary function to the primary purpose of the venue as a hotel.
5. The applicant has taken account of Policy SCZ1 if the premises are located within a designated zone.
6. The application and operation of the venue meeting the definition of a Hotel as per Clause C.
C. For the purposes of this policy a Hotel is defined as a premises that is primarily used as an establishment providing overnight accommodation for customers.
Submissions
Reasons and Conclusion
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16.The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application.
1. To grant permission for Late Night Refreshment Monday to Thursday 23:00 to 23:30, Friday to Saturday 23:00 to 00:00, Sunday N/A
2. To grant permission for Sale by Retail of Alcohol (On Sales) Monday to Thursday 09:00 to 23:00, Friday to Saturday 09:00 to 23:30, Sunday 09:00 to 22:00, Sundays immediately prior to a bank holiday: 09:00 to 23:30. For the sale of alcohol to guests for consumption in hotel/guest rooms only: Monday to Sunday 00:00 to 00:00.
3. To grant permission for the Opening Hours of the Premises Monday to Sunday 00:00 to 00:00.
4. That the Licence is subject to any relevant mandatory conditions.
5. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
6. 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
7. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when guests (excluding residents) 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.
8. 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 is 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.
9. All exit routes and public areas shall be kept unobstructed, shall have non-slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.
10.The premises licence holder shall ensure that a suitable fire risk assessment and emergency plan is in place at all times, and electrical safety checks completed in accordance with prevailing legislation.
11.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
12.All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
13.No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 22.00 hours and 08.00 hours on the following days.
14.No deliveries to the premises shall take place between 21:00 and 07:00 hours on the following day.
15.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.
16.All children (ie under 18s) entering the premises must be accompanied by a responsible adult.
17.All staff shall be trained in their responsibilities under the Licensing Act 2003 and in regards to the terms and conditions of this licence. Such training should include the prevention of sales of alcohol to underage persons and the Challenge 25 scheme in operation at the premises.
18.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.
19. 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.
20. Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.
21. All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
22. 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.
23. 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.
24. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
25. 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.
26. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take drinks or glass containers with them.
27. 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.
28. 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.
29. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
30. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
31. There will be no external advertisement of alcohol being sold at the premises.
32. Licensable activities authorised by this licence and provided at the Premises shall be ancillary to the main function of the Premises as a hotel.
33. The entrance to the bar shall only be through the main entrance to the hotel.
34. Licensable activities in the basement shall only be provided to persons attending a private, pre-booked event. A register of the private, pre-booked events held in the basement shall be kept at the Premises and made available on request to an authorised officer of the City Council or the Police.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
14 March 2024
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Supporting documents: