Agenda item

High Society, Lower North, Westminster Pier, Victoria Embankment, SW1

App

No

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s /

not in stress area

High Society, Lower North, Westminster Pier, Victoria Embankment, SW1

New

15/03141/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 16th July 2015

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Murad Gassanly

 

Legal Adviser:             Heidi Titcombe

Policy Adviser:            Chris Wroe

Committee Officer:     Toby Howes

 

Relevant Representations: Three local residents

 

Present:  Mr Lester Bernard (the Applicant)

 

High Society, Lower North, Westminster Pier, Victoria Embankment

15/03141/LIPN

1.

Performance of Live Music: Indoors

 

 

Monday to Thursday:                                         11:00 to 23:30

Friday to Saturday:                                             11:00 to 00:00

Sunday:                                                              11:00 to 22:30

Sundays before Bank Holidays:                        11:00 to 00:00

Non-standard Timings:                                       On New Year's Eve until 02:00 on      New Year’s Day

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

 

The Sub-Committee agreed to consider both this application, and the next application on the agenda, ‘Wyndham Grand, Westminster Pier, Victoria Embankment’, as the applications were identical, were at the same site and had been submitted by the same applicant.

 

Mr Bernard, the Applicant, addressed the Sub-Committee. He advised that conditions had been agreed with the Metropolitan Police and Environmental Health who had subsequently withdrawn their representation.  Mr Bernard commented that residents’ representations may well be based on their belief that both High Society and Wyndham Grand would carry out licensable activities whilst moored at Westminster Pier, when in fact, such activities would be carried out only whilst on the move along the River Thames and away from residential areas.

 

Members enquired what measures were in place to prevent noise and environmental impact and sought confirmation that there would be no licensable activities undertaken at Westminster Pier. In reply, Mr Bernard advised that he had agreed a condition with Environmental Health that there would be no regulated entertainment until five minutes after the vessel has left the pier and that it shall cease five minutes before the vessel returns to the pier. In addition, he advised that he was bound by a Port of London Authority regulation that no licensable activities may take place at Westminster Pier.  In order to address noise and environmental impact concerns, Mr Bernard advised that he was obliged to adhere to a Port of London Authority regulation that a noise limiter be set to 92 decibels and that there was to be no amplified music on the upper deck.  This was a standard river regulation to ensure that safety announcements could be heard.  The High Society vessel also had an unmoveable roof canopy.  Mr Bernard confirmed that both vessels were available only through private charter.

 

Members enquired if there was a system in place to ensure that the same number of people disembarked from the vessels as had boarded. In reply, Mr Bernard advised that the Captain of the vessel maintained a passenger list to ensure this and there would also be up to two other licensed watermen crew on board.

 

The Sub-Committee agreed the application, subject to a condition being added that a noise limiter must be fitted and set at a level determined by, and to the satisfaction of, Environmental Health and the Port of London Authority, in order to prevent potential public nuisance and excessive noise to residents.  This was agreed by the Applicant.  In determining the application, the Sub-Committee considered that the conditions added to the premises licence were appropriate and proportionate and would help the Applicant uphold the promotion of the licensing objectives and address the representations made.

 

 

2.

Playing of Recorded Music: Indoors

 

 

Monday to Thursday:                                         11:00 to 23:30

Friday to Saturday:                                             11:00 to 00:00

Sunday:                                                              11:00 to 22:30

Sundays before Bank Holidays:                        11:00 to 00:00

Non-standard Timings:                                       On New Year's Eve until 02:00 on      New Year’s Day

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

3.

Late Night Refreshment: Indoors

 

 

Monday to Thursday:                                         23:00 to 23:30

Friday to Saturday:                                             23:00 to 00:00

Sundays before Bank Holidays:                        23:00 to 00:00

Non-standard Timings:                                       On New Year's Eve until 02:00 on      New Year’s Day

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

Decision (including reasons if different from those set out in report):

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

4.

Sale by Retail of Alcohol: On the premises

 

 

Monday to Thursday:                                         10:00 to 23:30

Friday to Saturday:                                             10:00 to 00:00

Sunday:                                                              12:00 to 22:30

Sundays before Bank Holidays:                        12:00 to 00:00

Non-standard Timings:                                       On New Year's Eve until 02:00 on      New Year’s Day

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

Decision (including reasons if different from those set out in report):

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

5.

Opening Hours

 

 

Monday to Thursday:                                         09:00 to 23:30

Friday to Saturday:                                             09:00 to 00:00

Sunday:                                                              09:00 to 22:30

Sundays before Bank Holidays:                        09:00 to 00:00

Non-standard Timings:                                       On New Year's Eve until 02:00 on      New Year’s Day

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

 

 

 

 

Conditions attached to the Licence

 

Mandatory Conditions

 

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3.         Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4.          (1)       The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(2)        In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

 

(a)        games or other activities which require or encourage, or are designed to require or encourage, individuals to;

 

(i)         drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)        drink as much alcohol as possible (whether within a time limit or otherwise);

 

(b)        provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

 

(c)        provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

 

(d)        selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

 

 (e)       dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

5.         The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

6.          (1)       The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

 

(2)        The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

 

(3)        The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 (a)       a holographic mark, or

 (b)       an ultraviolet feature.

 

7.         The responsible person must ensure that—

(a)        where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

            (i)         beer or cider: ½ pint;  

(ii)        gin, rum, vodka or whisky: 25 ml or 35 ml; and

                        (iii)       still wine in a glass: 125 ml;

 

(b)        these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

 

(c)        where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

 

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor.  For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

 

8(i)       A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

 

8(ii)      For the purposes of the condition set out in paragraph 8(i) above -

 

(a)        "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

 

(b)        "permitted price" is the price found by applying the formula -

 

P = D+(DxV)

 

Where -

           

(i)         P is the permitted price,

(ii)        D is the amount of duty chargeable in relation to the alcohol as if the duty     were charged on the date of the sale or supply of the alcohol, and

(iii)       V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

 

(c)        "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

                       

(i)         the holder of the premises licence,

(ii)        the designated premises supervisor (if any) in respect of such a licence, or

(iii)       the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

 

(d)        "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 

(e)        "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

 

8(iii).    Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

8(iv).     (1)      Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2)        The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

Additional Conditions

 

9.         Regulated Entertainment shall not commence until 5 minutes after the vessel has left a pier, and shall cease 5 minutes before the vessel returns to a pier.

 

10.       No noise shall emanate from the vessel which gives rise to a nuisance.

 

11.       A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management and the Port of London Authority so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and the Port of London Authority and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service and the Port of London Authority. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service and the Port of London Authority. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

12.       The number of persons permitted in the vessel at any one time (excluding staff) shall not exceed 45 persons.

 

13.       Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

14.       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.

 

15.       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 concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system or searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.

 

16.       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.

 

17.       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.

 

18.       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.

 

 

 

Supporting documents: