Agenda item
Assembly Hotel, Basement And Ground Floor Part, Alhambra House, 27-31 Charing Cross Road, WC2
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
St James’s Ward / West End Cumulative Impact Area |
Assembly Hotel, Basement And Ground Floor Part, Alhambra House, 27-31 Charing Cross Road, WC2 |
New Premises Licence |
18/00655/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 19th April 2018
Membership: Councillor Peter Freeman (Chairman), Councillor Susie Burbridge and Councillor Murad Gassanly
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrance
Relevant Representations: The Licensing Authority, The Metropolitan Police, Environmental Health, The Burleigh Mansions Residents’ Association, The Covent Garden Community Association and Three Local Residents
Present: Ms Lisa Sharkey (Solicitor, representing the Applicant), Mr Jasdeep Sodhi (Hotel Manager), Mr Graham Marskell (Managing Director of Bespoke Hotels), PC Sandy Russell (Metropolitan Police), Mr Ian Watson (Environmental Health), Miss Daisy Gadd (Licensing Authority) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing the Covent garden Community Association and one local resident)
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Assembly Hotel, Basement and Ground Floor Part, Alhambra House, 27-31 Charing Cross Road, WC2H 0AU (“The Premises”) 18/00655/LIPN
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1. |
Recorded Music - Indoors
Monday to Thursday: 10:00 to 00:00 Friday to Saturday: 10:00 to 01:00 Sunday: 10:00 to 22:30
Seasonal Variations/Non-Standard Timings:
Recorded music may be provided from time to time in the 10th floor bar and restaurant. The music will be amplified. There shall be no music played in the 10th floor external terrace.
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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 Alhambra House (London) Hotel Ltd for a new premises licence in respect of the Assembly hotel, Basement and Ground Floor Part, Alhambra House, 27-31 Charing Cross Road, London, WC2H 0AU.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Ms Sharkey, representing the Applicant, advised the Sub-Committee that a constructive meeting had taken place with local residents to discuss the nature of the application. As such, the Applicant had taken on board the views of local residents and therefore amended the hours and proposed several amendments to the proposed conditions. Following the meeting, a further amendment had been proposed by residents, which the applicant had agreed to, and these amendments were then circulated to all parties at the meeting with the Sub-Committee’s agreement. Ms Sharkey advised the Sub-Committee of several of these amendments which included:
Ms Sharkey provided further details of the conditions proposed by the applicant and those by the Police. One of the Police’s proposed conditions required customers to use polycarbonate-drinking vessels on the external terrace area. The Sub-Committee was advised that this was not necessary, as the terrace had no views as a six-foot wall bordered it and therefore the use of glass posed no risks to residents. It was a small area with a capacity of twelve people and no seating would be provided. The area would primarily be used for customers who wanted to smoke. PC Russell confirmed that the Police were content for customers to take their drinks on to the terrace area.
The Sub-Committee noted that the Premises would operate as a hotel with 121 bedrooms over 9 floors. The tenth floor included a restaurant and bar with an external terrace. When customers entered the hotel lobby, they would have to pass by the reception area and supervised to access the lifts, which provided a high degree of control on the tenth floor. All customers would have to be seated in the restaurant except for a maximum of ten who would be permitted to stand in the bar area. The Sub-Committee was advised that the proposed conditions offered were very stringent and had been formulated in consultation with local residents.
The Applicant acknowledged that the application was seeking to sell alcohol in a Cumulative Impact Area (CIA) beyond core hours. However, it was hoped that the application could be considered an exception to the Council’s Statement of Licensing Policy (SLP) as in return for granting it two licences would be surrendered. These licences permitted alcohol and regulated entertainment until 03:00 hours, seven days a week (except Sunday until 00:30 hours on one of the licences). The licences were granted to nightclub premises with a total capacity of 1,700. The application before the Sub-Committee was a completely different style of operation and would result in a reduction in capacity in a CIA.
PC Russell, representing the Police, had originally expressed concern over the vertical drinking element of the application however, the conditions agreed with local residents were considered acceptable and would thus help promote the licensing objectives.
Mr Watson, representing Environmental Health (EH) explained that the main concern over the application had centred on the use of the external terrace in relation to local residents and the potential public nuisance this could cause. A number of residents lived in close proximity to the terrace and therefore the applicant’s proposals to remove regulated entertainment from this area and reduce its hours of operation were considered appropriate and provided a high level of protection for residents. The terrace was also bordered by a substantial brick wall, which would offer further protection to residents.
Miss Gadd, representing the Licensing Authority, advised that the application currently had to be considered under PB2 of the City Council’s SLP. A condition had been proposed to ensure substantial food was available at the Premises but alcohol did not remain ancillary to taking a table meal. It was therefore proposed that the restaurant model condition be added to the licence. Under the City Council’s SLP the application would be recommended for refusal but the Sub-Committee had to decide if the Applicant had proven that it could be considered an exception to policy.
Mr Brown from the Westminster Citizens Advice Bureau, representing the Covent Garden Community Association (CGCA) and a local resident, was encouraged with the level of engagement by the Applicant with local residents. It was submitted that the Applicant had been very helpful and receptive to the amendments put forward by CGCA and local residents. One further change was requested and this was that the condition introducing a capacity of 100 on the tenth floor include the external terrace area. The Applicant confirmed they were happy for the condition to be amended and therefore as such Mr Brown advised he was content with the application.
After careful consideration, the Sub-Committee agreed to grant the application. The Sub-Committee was pleased to note that constructive discussions had taken place between the Applicant and local residents following which a set of amended conditions had been agreed upon which all parties were satisfied with. The Sub-Committee did have regard to these conditions and considered them appropriate in ensuring the licensing objectives would be promoted. Concern had been raised over the external terrace, however the withdrawal of regulated entertainment from this area, the fact no seating would be provided, the hours proposed for its use and its very small capacity provided reassurance that it would not become a source of nuisance or disturbance to local residents which would undermine the public nuisance licensing objective. It was therefore also considered not necessary to include a condition requiring polycarbonate-drinking vessels to be used in this area.
The Sub-Committee was of the opinion that the Applicant was able to demonstrate that there were exceptional grounds for granting the application having regard to the West End Cumulative Impact Policy. The Sub-Committee accepted the applicant’s offer to surrender the two premises licences 15/02410/LIPT and 14/11478/LIDPSR as an appropriate and proportionate measure because overall this would have the expected benefit of reducing numbers within the CIA. The Sub-Committee also noted that the Premises would not operate as a nightclub and addressed the concerns raised by the Police in relation to the potential for crime and disorder within the area.
The Sub-Committee did have careful regard to the concerns expressed by the Licensing Authority, the Police and Environmental Health but considered the conditions proposed and agreed with local residents to be appropriate and proportionate in the circumstances. After careful consideration the Sub-Committee was satisfied that, the Premises could be considered an exception to policy, would not add to cumulative impact and would therefore promote the licensing objectives. The Sub-Committee therefore granted the application accordingly.
The Sub-Committee considered that the conditions imposed on the Premises Licence are appropriate and proportionate that would help the promote the licensing objectives
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2. |
Late Night Refreshment – Indoors
Monday to Thursday: 23:00 to 00:00 Friday to Saturday: 23:00 to 01:00
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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. |
Sale by Retail of Alcohol – On Sales
Monday to Thursday: 10:00 to 00:00 Friday to Saturday: 10:00 to 01:00 Sunday: 10:00 to 22:30
Seasonal Variations/Non-Standard Timings:
For residents and bona fide guests (maximum of 4) the supply of alcohol will not be restricted and shall be permissible 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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4. |
Hours Premises are Open to the Public
Monday to Thursday: 10:00 to 00:00 Friday to Saturday: 10:00 to 01:00 Sunday: 10:00 to 22:30
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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. Premises Licences 15/02410/LIPT and 14/11478/LIDPSR 1–4 Leicester Square which allow licensable activities until 03:00 hours with a combined capacity of 1,770 will be surrendered, subject to the grant of this application together with two further premises licences for Hotel indigo, 1-4 Leicester Square, London, WC2H 7NA and Trocadero Hotel, Skybar and Restaurant [Planning address – 13 Coventry Street, London W1D 7AB. Postal address to be subject to formal street naming process but main access to the Hotel will be from Shaftesbury Avenue]. The licences to be surrendered before the opening of the Trocadero Hotel at which time the Licensing Authority shall remove this condition.
10. The number of persons accommodated at any one time in the 10th floor bar and restaurant shall be 100 (excluding staff) to include the Terrace area of the Premises. (Informative: This condition is subject to amendment following determination by the District Surveyor in accordance with condition 44.)
11. The supply of alcohol in the 10th floor bar and restaurant shall be by waiter or waitress service only.
12. Licensable activities authorised under this licence shall remain ancillary to the main use of the premises as a hotel.
13. The sale of alcohol on the 10th floor shall predominantly be to persons who are dining; to hotel residents and their guests or to persons attending a pre-booked function. The premises shall not operate as a nightclub and there shall be no facilities for dancing provided.
14. Other than to persons who are dining; attending a pre-booked function or hotel residents and their guests, new admissions to the 10th floor bar and restaurant shall not be permitted after 23:00 hours.
15. The sale of alcohol to the guest of a resident after, 00:00 hours Monday to Thursday; 01:00 Friday and Saturday and 22:30 on Sunday, shall only be permitted if the resident is present. If the resident has retired to bed or left the hotel then the sale shall be declined.
16. With the exception of the external terrace (maximum of 12) and a maximum of 10 customers who may be stood at the bar, all customers shall be seated.
17. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the 10th floor bar and restaurant where alcohol is sold or supplied for consumption on the premises.
18. Substantial food shall be in the form of substantial table meals that are prepared upon the premises and are served and consumed at a table using non-disposable crockery. Other than to hotel residents and guests as part of room service then food and drink shall not be provided as part of any takeaway service.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to a table meal.
19. Admission to the 10th floor licensed area from the street by members of the public shall be through the hotel reception area only and which shall be supervised at all times by a SIA registered member of door staff.
20. A minimum of 90 seats shall be provided within the 10th floor licensed area.
21. Notwithstanding the permitted hours, alcohol may be supplied to persons residing in the premises for consumption by such persons and their bona fide guests at any time without restriction.
22. There shall be at least one SIA registered member of door staff on duty within the hotel reception at all times. There shall be a further SIA registered member of door staff on duty on the 10th floor as from 18:00 hours whilst the premises are open for licensable activities From 17:00 hours, a member of staff shall be located in the ground floor reception area to greet and direct patrons to the 10th floor bar and restaurant.
23. 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.
24. 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 premise is open for licensable activities. 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.
25. 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 system, f) any refusal of the sale of alcohol, g) any visit by a relevant authority or emergency service.
26. A Challenge 21 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.
27. There will be no self-service of alcohol except for in the guest bedrooms.
28. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises directly off the street.
29. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway. No glass containers shall be taken outside of the building by customers at any time.
30. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
31. Loudspeakers shall not be located in the entrance lobby or outside the premises building, including the 10th floor terrace.
32. All doors leading to the external terrace and windows on the 10th floor shall be maintained closed after other than for access and egress. The windows on the 10th floor shall remain closed at all times.
33. The premises licence holder shall ensure that any patrons using the external terrace do so in an orderly manner.
34. The 10th floor terrace shall not be used prior to 07:00 nor after 23:00 hours Monday to Saturday and prior to 08:00 nor after 22:30 hours Sundays, bank holidays and public holidays regardless as to whether licensable activities are being provided. There shall be no seating on the terrace.
35. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, hall at all material times be maintained in good condition and full working order.
36. 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.
37. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
38. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
39. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
40. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
41. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
42. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
43. No deliveries or collections will take place between 23:00 and 08:00 the following day with the exception of fresh produce, linen and newspapers. Any deliveries or collections which take place between 23:00 and 08:00 will abide by the TfL Code of Practice for quitter deliveries (December 2017 or subsequent edition).
44. No licensable activities shall take place at the premises until the capacity of the 10th floor has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined.
45. 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.
46. Before the premises open to the public the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority. This condition shall be removed by the Licensing team once satisfied.
47. The premises shall join the local Pubwatch or other local crime reductions scheme approved by the Police and radio scheme, if required.
48. For any pre-booked event or occasion when a guest list is in operation, only a Director, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager will be authorised to add additional names to the guest list. Any additions less than 48 hours before the pre-booked event or occasion must be legibly entered on the list and signed for by the Director, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager. This list will be kept for a period of 28 days following the event and will be made available immediately for inspection upon request by a Police Officer or Council Officer.
49. Any externally promoted events held at the venue shall by notified to the Metropolitan Police Service. A form 696 (or equivalent) will be completed and submitted within 14 days prior to the event, or such less time as agreed with the Police. When carrying out the risk assessment for the event and holding the event, the premises will take into account any reasonable advice received from the Westminster Police Licensing Team and the Central Clubs/Promoters Police Team who receive the Form 696 (or equivalent) and upon reasonable request by Police the venue will not run the event.
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Supporting documents:
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