Agenda item
Henrietta Street Hotel, 15 Henrietta Street, 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 |
Henrietta Street Hotel, 15 Henrietta Street, WC2 |
Variation of a Premises Licence |
18/00408/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 22nd March 2018
Membership: Councillor Angela Harvey (Chairman), Councillor Murad Gassanly and Councillor Rita Begum
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Yolanda Wade
Relevant Representations: The Licensing Authority and Environmental Health
Present: Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Pierre Charles Cros (Applicant), Miss Daisy Gadd and Mr Steve Rowe (Licensing Authority) and PC Toby Janes (Metropolitan Police).
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Henrietta Street Hotel, 15 Henrietta Street, London, WC2E 8QG (“The Premises”) 18/00408/LIPV
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1. |
Regulated Entertainment
RESIDENTS: Monday to Sunday 00:00 to 00:00
NON RESIDENTS/GUESTS:
Licensable Area
Seasonal Variations
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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 Experimental Worldwide Ltd for a variation of a premises licence in respect of Henrietta Street Hotel, 15 Henrietta Street, London, WC2E 8QG
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that Environmental Health (EH) had withdrawn their representation following the agreement of conditions with the Applicant.
Mr Spiegler, representing the Applicant, summarised the current licence in operation across all three floors of the Premises. The lower ground floor had a capacity of fifty persons and permitted vertical drinking without a food provision. The ground floor was subject to the model restaurant condition and it was not proposed to change this element of the licence. Finally, the first floor was also subject to the full restaurant model condition with a capacity of thirty persons. The permitted hours for licensable activities for hotel residents was twenty-four hours. The application before the Sub-Committee however was seeking to increase the hours for non-hotel residents/guests by one hour from midnight to 01:00 hours seven days a week. In exchange it was sought to remove the lower ground floor from the licenced area and its fifty capacity and allow a bar use on the first floor with a capacity of thirty persons. The Sub-Committee was advised that this proposed change would then reduce the number of persons located within the Cumulative Impact Area (CIA).
Mr Spiegler explained that a condition had been agreed with the Covent Garden Community Association restricting the use of the bar area on the rear first floor to a maximum of ten persons after 00:00 with the sale of alcohol to be only by waiter/waitress service to seated customers only. EH had proposed some tidying up of the conditions and the applicant was content to accept these. It was highlighted that no residential representations had been received and the representations received from the Licensing Authority and the Police were both policy based. No concerns over the promotion of the licensing objectives had been raised.
Mr Cros, the Applicant, highlighted how Experimental Worldwide Ltd were very experienced in operating late night licences and currently operated five hotels/bars across London and Paris. One of these bars was located in Soho and no issues had arisen during its operation. Mr Cros was aware of potential noise issues from such establishments and every effort was made to ensuring local residents, including their own hotel guests, would not be adversely affected. The Sub-Committee was advised that staff were trained to a high level to provide the proper management of such premises and ensure the licensing objectives were promoted. Mr Cros provided details of the Premises plan and highlighted that the bar on the rear first floor area was not directly accessible from the street and could therefore be fully controlled.
Mr Spiegler addressed some of the policy considerations associated with the application. Paragraph 2.4.7 of the City Council’s Statement of Licensing Policy (SLP) recognised that decreases in the capacity of a premises might be considered an exception to policy and was a proven method of promoting the licensing objectives. The hotels policy also recognised that a bar in a hotel with no direct access to the street did not have the same level of impact as a standard bar. Policy section RNT2 of the SLP also highlighted that after 01:00 hours a bar was more likely to impact on the CIA, this application was proposing to close the bar area at 01:00.
Mr Spiegler stressed that overall the application would not impact on the licensing objectives. It was hoped the Sub-Committee had been reassured by the evidence that the proposals would not disturb local residents, or their own customers, by decreasing the capacity of the venue, demonstrating the application was an exception to policy and that it would not add to cumulative impact.
Miss Gadd, representing the Licensing Authority, recognised that the application was seeking an additional hour for the sale of alcohol for non-residents to 01:00. Under policy PB2 of the Council’s SLP it was the Licensing Authority’s policy to refuse applications in a CIA which varied hours beyond core hours. However, the removal of the bar area on the lower ground floor could possibly be considered an exception under paragraph 2.4.7 of the SLP. The Sub-Committee therefore had to decide if the application would promote the licensing objectives and not add to cumulative impact.
PC Janes confirmed that the Metropolitan Police’s representation was maintained as the application was seeking an additional hour beyond core hours for the sale of alcohol in a public bar. It was noted that there would be an overall reduction in the capacity of the Premises however there would be an actual increase during the additional hour sought. A condition had been accepted by the applicant for the sale of alcohol at the rear first floor bar after 00:00 to be by waiter/waitress service. This satisfied the Police’s concerns relating to the crime and disorder licensing objective.
In response to a question from the Sub-Committee Mr Cros confirmed that the hotel had eighteen rooms of which four were located on the first floor.
The Sub-Committee carefully considered the application and after having regard to all the evidence provided agreed on balance to grant the application. It was recognised that the Premises was located within a CIA and was seeking to permit the sale of alcohol from the rear ground floor bar until 01:00 which was in excess of core hours. On balance however, members were of the opinion that the applicant had demonstrated that the application could be considered an exception to paragraphs 2.4.7 and 2.4.16 of the Council’s SLP. The removal of the lower ground floor as a licensable area resulted in an overall reduced capacity at the Premises and as stated by the Police addressed any concerns over crime and disorder. There was also no direct access to the bar from the street and this provided reassurances to the Sub-Committee that the area would be sufficiently controlled. The fact it was also a hotel bar, which was considered within the SLP as having less of an impact in a CIA than a standard bar, was noted along with the condition that there would be no external advertising of the bar area. The agreement of the condition to restrict the use of the bar situated within the rear first floor to a maximum of ten persons seated and served by waiter/waitress service only was welcomed. The experience the applicant had of operating licenced premises and ensuring there was no disturbance to local residents reassured the Sub-Committee its impact would be minimal. A slight concern was raised over the number of customers permitted to smoke outside the Premises and with the applicant’s agreement this was limited to a maximum of ten persons at any one time.
The Sub-Committee requested that to avoid any confusion a new set of plans be submitted by the Applicant clearly demonstrating where the licensable areas were located.
The Sub-Committee carefully considered the concerns expressed by the Licensing Authority and the Police and took the view that the conditions proposed to be appropriate and proportionate in the circumstances. After careful consideration the Sub-Committee was satisfied that the Premises would not add to cumulative impact and would promote the licensing objectives and therefore granted the application accordingly.
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2. |
Late Night Refreshment – Indoors
Licensable Area
Seasonal Variations
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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 application was granted, the reason for the decision is detailed in section 1.
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3. |
Sale by Retail of Alcohol – On Sales
Licensable Area
Seasonal Variations
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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 application was granted, the reason for the decision is detailed in section 1.
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4. |
Hours Premises are Open to the Public
Licensable Area
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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 application was granted, the reason for the decision is detailed in section 1.
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5. |
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 application was granted, the reason for the decision is detailed 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.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate. |
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Conditions attached after a hearing by the Licensing Authority
10. Alcohol may only be supplied to:
a) Hotel residents and their bona fide guests with a maximum of 4 guests per adult resident at any time; or b) Persons on the ground and rear first floors which shall operate as a restaurant:
(i) in which customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only, (iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, (iv) which do not provide any take away service of food or drink for immediate consumption, (v) which do not provide any take away service of food or drink after 23:00 and (vi) where alcohol shall or be sold or supplied, otherwise than for consumption by persons who are seated in the restaurant and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals; or
c) Persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted. A register of persons attending the event shall be kept at the premises and made available for immediate inspection by police or an authorised officer of the Council.
d) Except for a minimum of ten persons, after 00:00 the sale of alcohol in the rear first floor bar area shall only be by waiter/waitress service to seated persons only and shall vacate the premises by 01:00.
11. There shall be no external advertising of the bar on the rear first floor that is visible from the street.
12. 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 preceding 31-day period.
13. 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 are 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.
14. 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.
15. A Challenge 21 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport or proof of age card with the PASS Hologram.
16. 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, which will record the following:
(a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received regarding crime 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.
17. The entrance lobby will be supervised by staff 24 hours a day.
18. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which give rise to a nuisance.
19. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of the local residents and businesses and leave the area quietly.
20. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the need of local residents and use the area quietly.
21. 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.
22. 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.
23. 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.
24. The premises licence holder shall ensure that any patrons 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.
25. 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.
26. With the exception of within hotel rooms, 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.
27. 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.
28. No collection of waste or recycling materials (including bottle) from the premises shall take place between 23:00 and 07:00 on the following day.
29. No deliveries to the premises shall take place between 23:00 and 07:00 on the following day.
30. All waste if to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
31. All external emergency exit doors shall be fitted with sensor alarms and visible indicators to alert staff when the doors have been opened.
32. 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.
33. 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.
34. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
35. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
36. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
37. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
38. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall 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, shall be non-combustible.
39. The certificates listed below shall be submitted to the Licensing Authority upon written request.
a. Any permanent or temporary emergency lighting battery or system b. Any permanent or temporary electrical installation c. Any permanent or temporary emergency warning system
40. (a) For the avoidance of doubt there shall be no licensable activities on the lower ground floor area of the premises.
(b) The number of persons permitted within the premises at any one time (excluding staff) shall not exceed:
· 30 on the rear first floor · 60 on the ground floor
41. The Licence will have no effect in respect of the ground to fifth floors until the works shown on the plans in respect of the ground to fifth floors appended to the application (or subsequently substituted plans) have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.
42. The Licence will have no effect in respect of the lower ground floor until the works shown on the plans in respect of the lower ground floor appended to the application (or subsequently substituted plans) have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.
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Supporting documents:
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