Agenda item
Royal Society Of Arts, 8 John Adam Street, WC2
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
St James’s Ward / not in cumulative impact area |
Royal Society Of Arts, 8 John Adam Street, WC2 |
Variation |
16/08844/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 24th November 2016
Membership: Councillor Jean Paul Floru (Chairman), Councillor Nick Evans and Councillor Murad Gassanly
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrence
Relevant Representations: Environmental Health, the Trustees of Alan Tallentire, Little Adelphi Freehold Company Ltd and seven local residents.
Present: Mr Robert Morris (Barrister, Representing the Applicant), Ms Shirley Gibson (Applicant), Ms Ayesha Bolton (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing three local residents) and Ms Cynthia Clarry (local resident).
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Royal Society of Arts, 8 John Adam Street, London, WC2N 6EZ 16/08844/LIPV
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1. |
Sales of Retail by Alcohol – On Sales
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Amendments to application advised at hearing:
None
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by The Royal Society Of Arts for a variation of a premises licence in respect of the Royal Society of Arts, 8 John Adam Street, London, WC2N 6EZ.
The Licensing Officer provided an outline of the application to the Sub-Committee.
All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to members’ questions and were given an opportunity to ask questions of each other.
Mr Morris, representing the applicant, explained that it was not the intention of the application to allow members of the public to enter the premises and consume alcohol. It was proposed to keep condition 10 on the licence which would limit the sale of alcohol to either i) fellows, officers or staff of the Royal Society of Arts (RSA), or ii) those attending a private, pre-booked function. The application was modest and its main aim was to make the hours for selling alcohol consistent by extending Sunday hours to 00:00. It was also proposed to amend and delete various conditions on the licence as a purely tidying up exercise.
In response to a query the Council’s Legal Adviser provided clarification on the hours requested for the sale of alcohol. The hours listed on the licence and those stated in condition 12 were consistent as paragraph ii of condition 12 allowed alcohol to be sold or supplied for one hour following the hours detailed in paragraph i to those persons taking table meals.
Mr Morris recognised that concerns had been raised over the deletion of condition 19, which ensured clients had to provide a guest list in advance and visitors requiring to be registered. It was highlighted though that this was preceded by condition 18 which required all events to be private and by invitation only. Mr Morris explained how the RSA was made up of two parts, the first was a charitable organisation and the second was business related with profits from private events being utilised to support good works. Requiring a guest list and registering every person created an administrative hurdle and it was proposed to replace this through ensuring all events were invite only with close monitoring undertaken by staff. All functions would be private and the licensed facilities available would not be advertised.
Mr Morris drew the Sub-Committee’s attention to the fact no fundamental changes to the conditions had been proposed and Environmental Health had agreed nearly all of the proposed amendments. The applicant understood it had a responsibility to be a good neighbour and to address concerns SIA registered door supervisors would be employed to avoid loitering by patrons outside the premises.
Mr Morris explained that the condition detailing the capacity of the premises had simply been amended to reflect the different function rooms available. In response to a question the applicant confirmed that it was their practice to ensure only a maximum of two or three events would be held at any one time. This was a sensible, pragmatic approach to ensuring there were enough facilities for all guests and subsequently Environmental Health had not raised any concerns regarding capacity. Environmental Health confirmed that the venue had adequate facilities to potentially accommodate 1,150 guests and there were no concerns over public nuisance or public safety.
Mr Brown, from Westminster Citizens Advice Bureau, advised that the hours requested on Sundays for the sale of alcohol were beyond core hours and therefore not appropriate. There was no justification for such an increase on Sundays which the Council’s Licensing Policy stated should provide a respite for residents’. Concern was expressed over condition 15 which increased the number of musicians allowed in a live band. It was felt that this created the potential for noise to escape and create a disturbance to residents. As such the Sub-Committee was asked to consider adding a noise limiter to this particular condition. It was requested that condition 19 remain so that only registered visitors attended events thus ensuring no members of the public could enter from the street and consume alcohol. Concern was also expressed about the potentially large capacity of the venue. Finally, it was suggested that to avoid patrons loitering outside the premises condition 41 should be altered to ensure an SIA was employed to direct guests from the Durham House Street and John Adam Street exits. Mr Brown emphasised that conditions could be added to the licence in an attempt to address concerns but the residents were of the opinion that the application should be refused as it would increase public disturbance in the locality.
Ms Clarry, a local resident, advised that the noise and smoke emanating from patrons standing outside the premises during the proposed extended hours would have a significant impact on residents’ amenity in the local area.
Mr Morris advised the Sub-Committee that one of the main aims of the application was simply to ensure there was no duplication of conditions on the licence. Residents’ concerns had been addressed by ensuring an SIA would be in attendance to make sure guests leaved quietly and that smokers would not provide a nuisance. The condition regarding the capacity of the venue was just to provide clarity on the capacity of each individual room. The SRA was a large building that could function well with a large number of guests and Environmental Health had raised no concerns over this matter. Finally, the increase in hours on Sundays was a response to the increase in demand for weddings on this day and the extension to 00:00 hours was very modest. Mr Morris assured the Sub-Committee that no members of the public would be able to come off the street and consume alcohol.
The Sub-Committee carefully considered the application and agreed to grant the application in part.
It was felt that the proposed extension in hours on Sundays for the sale of alcohol would create unacceptable disturbance for local residents. The reason given for the increase in hours was an increase in demand for weddings on a Sunday but one residential objector complained about weddings currently held on a Saturday. Whilst the increase in hours sought was described as modest by the applicant, the fact remained that 30 additional minutes on a Sunday night where the existing hours were well beyond core hours may well be a concern in a highly residential area and especially one where the ambient noise levels were generally very low. Noise disturbance and smoke emanating from patrons outside the premises potentially until 00:00 on Sundays was not considered acceptable and the Sub-Committee was not satisfied that these concerns had been adequately addressed by the applicant. For these reasons the Sub-Committee refused the application to extend the hours for serving alcohol until 00:00 on Sundays.
The Sub-Committee did agree to amend or delete the following conditions on the licence to update the licence and avoid any duplication:
· Level 0 Tavern Room – 60 persons · Basement Level -3 Vault 1 – 100 persons · Basement Level -3 Vault 2 – 60 persons · Basement Level -3 Vault 4 – 60 persons · Vaults 1 to 4 220 capacity · Gerard Bar/Café 45 capacity · Benjamin Franklin Room 150 capacity · Great Room 200 capacity · Tavern Room 60 capacity · Prince Philip Room 60 capacity · Romney Room 40 capacity · Shipley Room 14 capacity · Folkestone Room 14 capacity · Drawing Room 20 capacity · Durham Street Auditorium 70 capacity;
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2. |
Performance of Live Music - Indoors
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Amendments to application advised at hearing:
None
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Decision (including reasons if different from those set out in report):
The extended hours were refused (see reasons for decision in Section 1).
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3. |
Hours Premises are Open to the Public
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Amendments to application advised at hearing:
None
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Decision (including reasons if different from those set out in report):
The extended hours were refused (see reasons for decision in Section 1).
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4. |
Conditions Being Varied, Added or Removed |
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Amendments to application advised at hearing:
None
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Decision (including reasons if different from those set out in report):
The decision was part granted for the reasons detailed in section 1 and subject to the conditions below.
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Conditions attached to the Licence |
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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 subparagraph 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.
9. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
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Conditions Consistent with the Operating Schedule
10. Intoxicating liquor shall not be supplied other than to: a) Persons who are fellows, officers or staff of the RSA for consumption by themselves or their bona fide guests. b) Persons attending meetings, lectures, conferences, seminars, parties, dinners, dances, receptions, celebrations or other events or functions being the persons mentioned in (a). Or any person, corporate or incorporate body, firm or other organisation to whom the RSA has granted permission to use the licensed premises for one or more of the aforesaid purposes and their bona fide guests pursuant to this sub-condition (b) and to whom prior invitation has been given.
11 (i). Alcohol may be sold or supplied:
(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve, 10:00 to 23:00 (b) On Sundays, other than Christmas Day or New Year's Eve, 12:00 to 22:30 (c) On Good Friday, 12:00 to 22:30 (d) On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30 (e) On New Year's Eve, except on a Sunday, 10:00 to 23:00 (f) On New Year's Eve on a Sunday, 12:00 to 22:30 (g) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).
(ii). Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year's Eve), and on Christmas Day, between 15.00 and 19.00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
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) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;
(d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(f) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(g) 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;
(h) the taking of alcohol from the premises by a person residing there;
(i) 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;
(j) 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.
12. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
13. The regulated entertainment in the form of Live Music is restricted to background music to events and wedding ceremonies performed by up to 6 musicians and for occasional use for private parties and wedding celebrations.
14. The regulated entertainment in the form of Recorded Music is restricted to background music to events and wedding ceremonies for re: disco music at private evening parties and for occasional use for private parties and wedding celebrations only.
15. Facilities for Dancing is restricted to small discos in basement level minus three and the Tavern Room on Level 0 using amplified music at private parties and wedding celebrations with a capacity of 40 people excluding staff in basement level minus three and 60 people in the Tavern Room excluding staff.
16. All events shall be private and by invitation only.
17. Clients shall provide a guest list in advance and all visitors shall be registered on arrival.
18. There shall be no external advertising of events taking place at the premises.
19. The supply of alcohol shall be by waiter or waitress service only.
20. Provision of licensable activities shall only be to persons attending a private pre-booked or ticketed event except in The Gerard Bar and The Vaults Restaurants which may additionally be used by persons who are fellows, officers or staff of the RSA for consumption by themselves or their bona fide guests.
21. Substantial food and non-intoxicating beverages, including drinking water, shall be available throughout the permitted hours in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
22. The maximum number of persons accommodated at the premises at any one time (excluding staff) shall not exceed:
Level 0 Tavern Room - 60 persons Basement Level -3 Vault 1 - 100 persons Basement Level -3 Vault 2 - 60 persons Basement Level -3 Vault 4 - 60 persons Vaults 1 to 4 220 capacity Gerard Bar/Cafe 45 capacity Benjamin Franklin Room 150 capacity Great Room 200 capacity Tavern Room 60 capacity Prince Philip Room 60 capacity Romney Room 40 capacity Shipley Room 14 capacity Folkestone Room 14 capacity Drawing Room 20 capacity Durham Street Auditorium 70 capacity
23. The operators of the business and/or the licensees shall ensure that any capacity limits set for the premises is properly monitored at all times. Information regarding the capacity shall be given to an authorised officer or Police Officer on request.
24. Dancing and facilities for dancing shall be restricted to the Tavern Room on Level 0 and the Basement Level.
25. 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.
26. All entrance doors shall be kept closed, when regulated entertainment is taking place and in any event after 21:00 hours, except for immediate access and egress of persons.
27. A personal licence holder shall be on duty at the premises at all times when licensable activities are taking place.
28. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
29. 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 entire 31 day period.
30. 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 for licensable activities. This staff member must be able to show a Police or authorised Council Officer recent data or footage with the absolute minimum of delay when requested.
31. Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.
32. 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.
33. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
34. The entrance at Durham House Street shall be closed at 22:00, except for emergency egress. After this time all guests shall leave by either No. 8 or No. 6 John Adam Street doors.
35. A SIA qualified steward shall be employed to direct guests to The Strand from the Durham House Street exit and the John Adams Street exit.
36. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
37. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 08.00 hours.
38. 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.
39. A Challenge 21 proof of age scheme shall be operated at the premises. The only acceptable forms of identification are recognised forms of photographic identification cards, such as a driving licence or passport.
40. No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased. NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.
41. 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.
42. 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.
43. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
44. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
45. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
46. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
47. All fabrics, curtains, drapes and similar features should be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes, other than foyers, entertainment areas or function rooms, should be non-combustible.
48. The certificates listed below shall be submitted to the Licensing Authority upon written request.
- Any emergency lighting battery or system - Any electrical installation - Any emergency installation
49. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime). |
Supporting documents:
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