Agenda item - Wework, Lower Ground to Seventh Floor, 119 Marylebone Road, NW1

Wework, Lower Ground to Seventh Floor, 119 Marylebone Road, NW1

Meeting of Licensing Sub-Committee (1), Thursday 8th February, 2018 10.00 am (Item 4.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Bryanston And Dorset Square Ward / not in cumulative impact area

Wework, Lower Ground to Seventh Floor, 119 Marylebone Road, NW1

New Premises Licence

17/13639/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 8^th February 2018

Membership: Councillor Angela Harvey (Chairman), Councillor Rita Begum and Councillor Louise Hyams

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Sarah Craddock

Presenting Officer: Yolanda Wade

Relevant Representations: Metropolitan Police Service (withdrawn) and one resident

Present: Wework (Applicant), Mr Craig Baylis (Solicitor)

Wework, Lower ground to seventh floor, 119 Marylebone Road, London, NW1 5PU 17/13639/LIPN (“The Premises”)
1.	An office space with provision for refreshment facilities to designated office users and their bona fide guests: Sale by retail of alcohol (on) Monday to Sunday: 12:00 to 23:00
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): The Sub-Committee considered an application by 119 Marylebone Road Tenant Limited (“the Applicant”) for a New Premises licence in respect of Lower Ground to Seventh Foor,119 Marylebone Road, London, NW1 5PU. The Licensing Officer provided an outline of the application to the Sub-Committee. She confirmed that representations had been made by one local resident and that the Police had withdrawn their representation as conditions had been agreed with the applicant. The Premises was not located in the Council’s designated cumulative impact areas. All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other. Mr Baylis (Applicant’s representative) stated that this was an application for a new premises licence for the sale of retail of alcohol on the Premises from Monday to Sunday 12:00 to 23:00. The Sub-Committee was advised that the Premises would be operating as an office space with refreshment facilities to designated office users and their bona fide guests. He outlined that Wework’s offer was a shared office space that young entrepreneurs hired for business use that included Wi-Fi, printing facilities, meeting rooms, a small café area and access to a beer keg between the hours of 12:00 to 23:00 as provided for in the application. Mr Baylis proceeded to go through the plan of the Premises and indicated the location of the office space and pantry areas on each floor. He confirmed that there were no balconies on any of the floors but after careful examination of the plans by the Sub-Committee agreed that there was in fact a balcony located on the sixth floor of the building. Mr Baylis agreed to a condition that no alcohol be taken outside on to the balcony and that the balcony would be taken out of the licensable areas which would require an amended plan to be submitted to the Licensing Authority. It was stated that the community bar was located on the reception area. In response to questions from the Sub-Committee regarding holding events in the office space, Mr Baylis advised that a person could hire the space for a launch event and bring their own alcohol to serve at the event. He further confirmed that this was an office environment so a party would not be permitted to take place at the Premises. He advised that CCTV was used to notify the Community Manager if any issues occurred in the building and confirmed that nobody could get into the building without a key card. He stated that there were security guards on duty from 9am to 6pm. In response to questions regarding the alcohol offer by Wework, the applicant’s representative confirmed that there was no alcohol for sale in the office space and that any alcohol received through the beer tap was part of Wework’s offer and only available to people hiring the business space and not to Wework’s own staff. The applicant’s representative further advised that the Community Manager was in charge of the whole building on a daily basis and had received licensing training that would help promote the licensing objectives. It was submitted that there was a keg per floor per day meaning there were 6 kegs available every day and 30 kegs per week (Monday to Friday). The applicant suggested there were approximately 88 pints contained in each barrel with a strength of 4.2%-4.4% ABV and that the beer tap was switched off at 11pm. He further confirmed that beer was not available during the weekends, that there was not a never ending supply of beer and that the beer offer kept service users happy and was a facility similar to one that provides tea and coffee which did not offend the licensing objectives. It was suggested by the Chairman that women did not drink as much beer as men and that she stated that she was disappointed that this issue had not been picked up after discussions from previous licensing applications from Weworks. The Chairman expressed the fact that after sitting on the WeWork Sheraton Street application when indirect discrimination had also been raised nothing had been done since to address this issue. Mr Baylis advised that there were no plans to serve wine to which the Chairman expressed again the concern that this was indirect discrimination in accordance with the provisions of the Equality Act 2010. The applicant’s representative confirmed that he would take the concern back to Wework’s Senior Management Team for discussion. In response to questions regarding the smoking area, the applicant’s representative advised that the smoking area would be located outside at the corner of the building and was not part of the public highway. When asked how many people could use the smoking area it was suggested it be limited to 10 people. The Chairman requested an adapted plan to show clearly the smoking area and the balconies on each floor. The Sub-Committee considered how the business model for the office space was going to operate and noted the beer offer was time limited, no alcohol would be consumed in the external areas of the Premises. Amended plans, conditions had been agreed with the Police and that the Premises was situated outside the Council’s designated cumulative impact areas. The Sub-Committee decided to grant the application albeit with some concerns about the possible indirect discrimination in Wework’s offer that only craft beer had been included in their business model. The Sub-Committee in its determination of the matter decided it was appropriate and proportionate to add a condition to the licence allowing them to offer beer and wine though limiting the maximum amount of beer and wine that could be consumed on each floor per day. The Sub-Committee when looking at this aspect of the evidence considered its Public Sector Equality Duty under section 149 of the Equality Act 2010 so as not to discriminate against women on the grounds of sex or any other group who may not necessarily drink beer - to accord with page 94 at Appendix 6 of the City Councils Statement of Licensing Policy. Further additional conditions were added to the licence which included a designated smoking area, the use of external terraces and that there shall be no consumption of alcohol after 23:30 hours Monday to Sunday.
3.	Opening Hours of the premises These premises are not open to the public Monday to Sunday: 00:00 to 00:00
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): The application was granted, the reason for the decision is detailed 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;

(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.

Conditions consistent with the operating schedule

9. Outside of the hours authorised for the sale of alcohol and whilst the premises are open, the licence holder shall ensure that all alcohol within the premises which is dispensed by the licence holder is secured so as to prevent access to alcohol by both members and staff.

10. SIA staff are provided to patrol all areas of the premises and to ensure good order is maintained at all times in the working environment.

Conditions proposed by the Police and agreed with the applicant and so as to be incorporated within the operating schedule

11. 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.

12. 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.

13. A Challenge 21 or 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.

14. 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

(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.

15. The supply of alcohol shall only be to the WeWork group of companies and their employees or their bona fide guests.

16. The licensable activities provided at the premises shall be ancillary to the main function of the premises as offices.

17. 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.

18. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

19. SIA accredited staff will be provided when the premises are authorised to sell alcohol.

Conditions proposed by the Environmental Health and agreed with the applicant and so as to be incorporated within the operating schedule

20. 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.

Conditions added by the Sub-Committee

21. No alcohol shall be consumed on all outdoor external area or balcony.

22. All outdoor areas will not be used after 21:00.

23. There shall be no consumption of alcohol after 23:30.

24. The alcohol supplied shall be restricted to beer at 5% ABV or less and wine at 13% ABV provided by the licence holder and limited to one 50 litre keg of beer and four 75cl bottles of wine per floor on anyone day.

25. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area defined as in the amended plans which will be provided with appropriate litter receptacle and kept clean at all time.

26. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 10 persons at any one time.

Supporting documents:

Wework Lower Ground to Seventh Floor 119 Marylebone Road NW1, item 4. PDF 441 KB