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Agenda item

Warner Stand, Lords Cricket Ground, St John's Wood Road, NW8

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Regent’s Park Ward / not in cumulative impact area

Warner Stand, Lords Cricket Ground, St John's Wood Road, NW8

New Premises Licence

17/01651/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20th April 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health and 1 local resident.

 

Present:  Ms Sue Dowling (Solicitor, representing the Applicant), Mr Ian Watson (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Sachin Khajuria, local resident) and Mr Sachin Khajuria (local resident)

 

Warner Stand, Lords Cricket Ground, St John’s Wood Road, NW8

17/01651/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Sunday:                              23:00 to 23:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

This was an application for a new premises licence for licensable activities at a new Warner Stand which will replace the recently demolished Warner Stand.  Ms Dowling, representing the Applicant, stated at the hearing that the new stand would be built to state of the art specifications, including additional soundproofing and reduced seating, in order to provide excellent facilities for cricket matches.

 

Ms Dowling was asked by the Sub-Committee about the changes to the licensable activities and also the proposed hours for the licensable activities at the new Warner Stand compared with the old one.  She replied that the Applicant was no longer seeking recorded music which was previously unrestricted.  There was no change to what was sought in terms of the hours for late night refreshment (indoors).  It was proposed that it would be available inside Pelham’s Restaurant and the bars within the premises including on a non-match day.  In the half an hour prior to closure at 23:30 it was feasible that a member or a guest would wish to order hot food / hot drink for consumption within the premises.  

 

Ms Dowling explained that the provision of films / film exhibition was sought with the primary use being to show some recorded material on cricket match days, including when there was no play taking place.  The provision of films was indoors in the Pelham Restaurant and the bars, including on non-match days and would not cause a public nuisance.

 

In terms of the hours for licensable activities, Ms Dowling made the point that the terminal hours were largely in keeping with the Council’s Core Hours policy and there was not a significant extension of the hours for the new Warner Stand in comparison to the old one.  In the Pelham Restaurant on major match days only, the Applicant was seeking to open at 09:00 in case a member wished to have a drink, such as a glass of champagne, with breakfast.  The opening hours, commencing at 08:00 related to the whole Lords sports ground and not just the new Warner Stand.  Ms Dowling added that advice from the Police had been that it was safer for the public to have access to the ground rather than waiting outside on pavements.

 

Ms Dowling expressed the view that the conditions for the new Warner Stand would give more comfort than those on the existing premises licence which was an old justices’ licence.  The conditions needed to be updated.  She stated that Lords Cricket Ground has an exemplary record in terms of promoting the licensing objectives.  It is also highly regulated and it has to comply with the safety certificate for large scale matches, including in relation to risk assessment and crowd management.    

 

The Sub-Committee heard from Mr Watson, on behalf of the Council’s Environmental Health department.  He confirmed that Environmental Health had provided pre-application advice to the Applicant.  He informed Members that Alan Lynagh, Senior Licensing Surveyor at Westminster Council, sat on the Safety Advisory Group which oversees public safety at Lords.  There are 13 to 14 premises licences for the individual stands at the ground.

 

Mr Watson advised that licensable activities and the proposed hours for the licensable activities for the new Warner Stand in comparison to the old stand were generally ‘like for like’.  There were updated proposed conditions.  The plans reflected the Pelham Restaurant on the third floor of the Stand, two public bars and an area where more bar units could be located on the ground floor.  Mr Watson stated that the films shown in the Restaurant were likely to be cricket matches or documentaries.  This licensable activity could be exempt if the subject matter shown was considered educational.

 

Mr Watson commented that in respect of the representation from Mr Khajuria it was the case that there was some additional commercialisation of use.  He believed that there were some planning restrictions in place to limit the degree of this.  Mr Watson advised that he did not have any concerns about the application because the licensable activities and the proposed hours for the licensable activities for the new Warner Stand in comparison to the old stand were generally ‘like for like’.

 

Mr Brown, representing Mr Khajuria, addressed the Sub-Committee.  He informed the Sub-Committee that Mr Khajuria had considered withdrawing his representation.  However, he had decided not to due to concerns about additional commercialisation of the venue.  Mr Brown stated that Mr Khajuria had engaged with Mr Robert Eldon, Assistant Secretary (Estates) at Lords and he was grateful for the list of commitments that had been given to him on behalf of the Applicant.

 

Mr Brown explained that it was Mr Khajuria’s view as a local resident that the commercialisation of the venue should not be extended further.  The existing situation was, Mr Khajuria believed, adding to problems such as traffic congestion.  In the event that the proposed hours for events were significantly increased this would be concerning.  Mr Brown said that in discussions with Ms Dowling earlier that morning she had reassured him that there were no plans to change the manner in which the Warner Stand operates in any significant way.  Mr Khajuria was not requesting that the application should be refused.

 

Ms Dowling was given the opportunity to respond to the points which had been made by Mr Brown on behalf of Mr Khajuria.  She stated that the new Warner Stand was primarily to be used on match days by customers enjoying cricket matches and the facilities provided in the Stand.  Clients would use the Stand on non-match days in accordance with planning conditions which were quite restrictive in terms of the hours and number of days the Stand could be used on non-match days.  She reiterated that Lords has a tremendous record in terms of promoting the licensing objectives.   

 

The Sub-Committee considered that there were no additional aspects proposed for the new Warner Stand in comparison with the old stand which would give rise to concerns.  The application would promote the licensing objectives.  The application was therefore granted, subject to conditions as set out below.

 

2.

Sale by Retail of Alcohol (On and Off)

 

 

Monday to Sunday:                              10:00 to 23:00

 

 

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.

Provision of Films (Indoors)

 

 

Monday to Sunday:                              10:00 to 23:00 

 

 

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.

Hours premises are open to the public:

 

 

Monday to Sunday:                              08:00 to 23:30

 

 

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.

Seasonal variations / Non-standard timings:

 

 

Sale by retail of alcohol (On and Off) and Provision of films (indoors)

 

09:00 until 23:00 on Major Match Days in relation to Pelham’s Restaurant.

 

 

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.            On Major Match Days, alcohol shall not be sold or supplied to the public after a period of one hour after close of play.

 

10.          On all Match Days, when alcohol is sold or supplied in open drinking vessels containing half pint or multiples thereof for external consumption in Lord’s Cricket Ground (“Ground”), the drinking vessels shall be made of plastic or polycarbonate.

 

11.          A Challenge 21 ‘Proof of Age’ scheme shall operate at the Premises and all staff shall be trained in its implementation.  Only photographic ID such as a British driving licence, a current passport or a PASS ID shall be treated as acceptable forms of identification. 

 

12.          The Designated Premises Supervisor shall ensure that all existing staff, new staff, supervisors and managers responsible for selling alcohol receive an induction in the legality and responsible procedure of alcohol sales, prior to undertaking the sale of alcohol.  This training shall cover the terms of this Licence, times of operation, licensable activities and all conditions.  Training documents shall be signed and dated and training records be made available to the Police and authorised Council Officers on reasonable request.  The records shall be retained for at least 12 months.

 

13.          The Ground in which the Premises is situated shall install and maintain a comprehensive CCTV system (which includes the Premises) as per the minimum requirements of the Westminster Police Licensing Team.  All entry and exit points to the Ground 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 the public 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 council officer throughout the entire 31 day period.

 

14.          An employee at the Ground who is conversant with the operation of the CCTV system shall be at the Ground at all times when the Premises is open to the public. This employee 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.

 

15.          An Incident Log shall be kept at the Premises (or within the Ground), and shall be made available on request to an authorised council officer or the Police. It must be completed within 24 hours of the incident and will record the following:

a.    all crimes reported to the Premises;

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; and/or

g.    any visit by a relevant authority or emergency service.

 

16.       A Refusals Record shall be kept detailing all refused sales of alcohol. The Record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The Record shall be available for inspection at the Premises (or at the Ground) by the police or an authorised officer of the City Council at all times whilst the Premises is open.

 

17.       The supply of alcohol from temporary mobile bars is restricted to the cross-hatched area on the plan on Ground level and shall only operate on Major Match Days.

 

For the purposes of the above conditions:

“Match Days” means all days on which cricket is played at the Ground.

 

“Major Match Day”is defined as a Test Match, a One Day International (ODI), the RL London One-Day Final (or that of any successor competition), an International T20, a domestic Cup T20, Finals of e.g. World Cups such as the final of the Women’s World Cup scheduled to be played at Lord’s, and any other match (including matches for charity) designated as a ‘Major Match’ by the MCC Committee. 

 

 

Supporting documents: