Agenda item
Premier Inn, Basement To Eleventh Floor, 1 Neathouse Place, SW1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
Warwick Ward / not in cumulative impact area |
Premier Inn, Basement To Eleventh Floor, 1 Neathouse Place, SW1 |
New Premises Licence |
18/00957/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 2
Friday 16th March 2018
Membership: Councillor Tim Mitchell (Chairman), Councillor Julia Alexander and Councillor Karen Scarborough
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officers:Simone Murray
Heidi Lawrance
Relevant Representations: One local resident.
Present: Mr Tim Shield (Solicitor, representing the Applicant) and Ms Jacqui Allum (Representing the Applicant Company)
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Premier Inn, Basement to Eleventh Floor, 1 Neathouse Place, London, SW1V 4LU (“The Premises”) 18/00957/LIPN
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1. |
Late Night Refreshment
Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00
Seasonal Variations/Non-Standard Timings:
When hours for sale of alcohol are extended hereunder these hours are also extended.
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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 Whitbread Group PLC for a new premises licence in respect of Premier Inn, Basement to Eleventh Floor, 1 Neathouse Place, London, SW1V 4LU.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Metropolitan Police and Environmental Health (EH) had withdrawn their representations following the agreement of conditions with the applicant.
Mr Shield, representing the applicant, advised the Sub-Committee that Premier Inn operated over two hundred hotels throughout the UK. Eighty of these were situated within London comprising of approximately eleven thousand rooms. Many of these were located in busy, difficult areas, often near train stations, which it was recognised experienced various issues. The Sub-Committee noted that there were already five Premier Inns located in Westminster, several within Cumulative Impact Areas, and a sixth one was due to be opened shortly. This highlighted the applicant’s experience in operating such premises and ensuring they operated successfully in often challenging locations.
Mr Shield advised the Sub-Committee that the application before them was due to a single representation that had been received from a local resident. Within the representation, the resident had cited disturbance created by other licensed premises in the local area but had provided no evidence that the proposed operation of the Premises would do the same. Mr Shield highlighted that other options were available to the resident if they were experiencing disturbance from existing premises. Concerns had been raised over plant and machinery but reassurances were provided that it would be acoustically enclosed to ensure there was no noise disturbance. The Sub-Committee also noted that the two entrances to the Premises would be supervised twenty-four hours a day. It was noted that no issues had been reported regarding Premier Inn’s existing operations within Westminster and it was suggested that the addition of this Premises to the area, with its increased level of external supervision, would help improve the local area further.
The proposed licenced area was front facing and would operate as a restaurant with a small area permitting the sale of alcohol to those not taking a meal. The non-restaurant area consisted of a maximum of one hundred covers and did not permit vertical drinking. Concerning off sales of alcohol this was simply being sought as the hotel rooms were not licenced and this would permit hotel residents to take drinks to their rooms. No other off sales of alcohol would be offered. The Sub-Committee was interested to learn how the applicant would prevent customers from taking any drinks outside for consumption. Mr Shield advised that conditions were proposed to prevent customers from taking glass containers outside with them when leaving the Premises and that no alcoholic drinks could be removed from the Premises save for consumption in the hotel bedrooms. Ms Allam, representing the applicant company, confirmed that if a customer wanted to purchase an alcoholic drink to take to their hotel bedroom staff were trained to ensure they displayed a hotel key card first.
After considering all the evidence, the Sub-Committee agreed to grant the application. The applicant had a proven track record of successfully operating similar premises, several of which were situated within Westminster. The area where the application was situated was recognised to experience various issues such as rough sleeping. However, with the proposals to ensure supervision of the Premises entrance and exits twenty-four hours a day, the Sub-Committee was of the opinion the application would help improve the local area. The proposed hours were within core hours and were considered appropriate and proportionate. Reassurances were received that any plant and machinery would be acoustically enclosed so as not to create any noise disturbance to local residents. The main licenced area would operate as a restaurant with a small area, which would permit customers to drink alcohol without a meal. This area was limited to a capacity of one hundred customers who would be seated and this provided reassurance that there would be no vertical drinking. Concern had initially been raised regarding off sales but the controls put in place by the applicant would ensure that this would be to hotel residents only taking a drink to their hotel bedroom.
The Sub-Committee did have careful regard to the concerns expressed in the representation submitted by a local resident but considered the conditions proposed to be appropriate and proportionate that would promote the licensing objectives. After careful consideration the Sub-Committee was satisfied that the Premises would promote the licensing objectives and therefore granted the application accordingly.
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2. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations/Non-Standard Timings:
To extend the proposed hours as identified on New Year’s Eve until New Year’s Day – terminal hour as proposed being 00:30 on 2 January.
The premises shall remain open to permit the sale of alcohol to hotel residents 24 hours a day.
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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 granted the application (see reasons for decision in Section 1).
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3. |
Hours Premises Are Open to the Public
Monday to Sunday: 07:00 to 00:30
Seasonal Variations/Non-Standard Timings:
The premises shall remain open to permit the sale of alcohol to hotel residents 24 hours a day.
For non-residents, the premises will close 30 minutes after the end of the non-standard timings identified for the sale of alcohol.
Adult Entertainment:
None, save for the presence of AWP machines the use of which is not permitted by persons under the age of 18.
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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 granted the application (see reasons for decision in Section 1).
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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.
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Conditions Consistent with the Operating Schedule
9. The use of door staff will be risk assessed on an ongoing basis by the licence holder of premises supervisor. Where engaged, door staff shall be licensed by the Security Industry Authority.
10. Alcoholic and other drinks may not be removed from the premises save for consumption in the hotel bedrooms.
11. Staff will receive training on matters concerning underage sales, drugs policies and operating procedures to include safety, evacuation and use of emergency equipment as required.
12. There shall be a zero tolerance policy in relation to drugs at the premises and there shall be regular checks by management to prevent the use of drugs by patrons. Drugs seized shall be stored securely and handed to the police.
13. The premises shall operate a proof of age scheme and will require photographic identification from any person who appears to be under the age of 21 years.
14. The management of the premises will liaise with police on issues of local concern or disorder.
15. The premises shall install and maintain a CCTV system as per the minimum requirements of 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 at 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 proper request of Police or authorised Officers during the preceding 31-day period.
16. A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to non-residents of the hotel. The staff member must be able to provide a Police or authority Council Officer copies of recent CCTV images or data with the absolute minimum of delay when properly requested.
17. The food and beverage area shall be substantially laid out with tables and chairs as indicated on the licensing drawings.
18. Substantial 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. There shall be no striptease or nudity in the public licensed area andall persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue Licence.
20. No advertisements of any kind that advertise or promotes the establishment, its premises or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, upon any building, structure, works, street furniture, tree or any other property or be distributed to the public.
21. There shall be no drinks promotions at the premises which are inconsistent with the need to promote responsible drinking.
22. There shall be no self-service of alcohol on the premises.
23. A record shall be kept detailing all refused sales of alcohol. The record shall 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 by the Police or an authorised officer of the City Council at all times when the premises are open to non-residents.
24. To comply with the reasonable requirements of the fire officer from time to time.
25. The premises will have adequate safety and fire fighting equipment,and such equipment will be maintained in good operational order.
26. Spillages and breakages will be removed as soon as possible to reduce the risk to patrons and staff.
27. Toughened glasses will be used in the premises where appropriate.
28. Fire Exits and means of escape shall be kept clear and in good operational condition.
29. Where appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.
30. Patrons will be encouraged by staff to leave quietly and respect the interests of the occupiers of any nearby noise sensitive premises, Where appropriate the licensee or a suitable staff member will monitor patrons leaving at the closing time.
31. Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties.
32. Contact numbers for local taxi firm(s) shall be kept at the premises and made available to patrons requiring a taxi.
33. No films or videos of any description will be shown so that they can be viewed by persons under the age of any applicable BBFC/Local Authority certification.
34. Children under the age of 16 shall not be permitted to enter the premises after 21:00 unless dining with an adult or attending a pre booked function or resident in the hotel.
35. There shall be adequate controls in place including staff training to safeguard against the sale of alcohol to persons under 18 years.
36. The premises supervisor or appointed staff member shall ensure that when children are admitted to the premises their presence is not inconsistent with the style of operation of the premises at that time and the licensable activities that are being carried out.
37. Policies in relation to children shall be adequately communicated to patrons by staff or through appropriate signage.
39. 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) any faults in the CCTV (f) any visit by a relevant authority or emergency service.
40. 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.
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Supporting documents:
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