Agenda item - Claridges Hotel 47-57 Brook Street Mayfair W1

Claridges Hotel 47-57 Brook Street Mayfair W1

Meeting of Licensing Additional Papers, Thursday 10th May, 2018 10.00 am (Item 5.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / not in cumulative impact area

Claridges Hotel, 47-57 Brook Street, Mayfair, W1

Variation of a Premises Licence

18/03318/LIPV

Minutes:

TEMPORARY LICENSING COMMITTEE

Thursday 10^th May 2018

Membership: Councillor Tim Mitchell (Chairman) and Councillor Heather Acton

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Tristan Fieldsend

Presenting Officers:Heidi Lawrance

Relevant Representations: One Local Resident.

Present: Mr Mark Browning (Solicitor, representing the Applicant) and Mr Paul Jackson (General Manager, Representing the Applicant Company),

Claridges Hotel, 47-57 Brook Street, Mayfair, London, W1K 4HR 9NF (“The Premises”)

18/03318/LIPV

Layout Alteration

The variation application seeks to extend the area of the premises licence (known on the licence as The Brook Street Bar) to include the Davies Street External Area following the grant of planning permission.

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 Claridges Hotel Ltd for a variation of a premises licence in respect of Claridges Hotel, 47-57 Brook Street, Mayfair, London, W1K 4HR.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that following the agreement of conditions with the Applicant both the Police and Environmental Health (EH) had withdrawn their representations.

Mr Browning, representing the Applicant, explained that the reason for the application was that a planning application had been made to reintroduce an historic door at the Premises which led to an external garden area. It was confirmed that the planning application had been approved. The external area was located completely on the Premises and was not situated on the public highway with access to it provided through the hotel only. The bar area inside the hotel was licensed until 02:00 hours however following discussions with the Responsible Authorities the external areas would only be licensed until 23:00 hours. Hotel residents were located above this area so it was in the Applicant’s interests that no disturbance was created in this area.

Mr Browning provided details of where the resident was located who had submitted a representation regarding the application and the significant distance this was away from the Premises. Negotiations were currently ongoing with the resident and a meeting had been proposed to discuss the application, which the resident had not attended.

The Sub-Committee was advised by Mr Browning that an advantage of utilising the external garden was that it would provide an area for customers to smoke therefore ensuring they did not have to use the smoking area on Brook Street located on the public highway. The Sub-Committee was assured that there would be no provision of shisha in this particular area. It was submitted that the external area would contain significant levels of screening made up of additional screens and planting and this would provide a significant barrier between the external area and the street. The Premises operated an extensive recycling programme and it took very seriously its environmental impact. In response to a question from the Sub-Committee the Applicant confirmed that they would use their best endeavours to use pollutant absorbing planting.

The Sub-Committee requested further clarity on how the garden area would operate. Mr Browning explained that alcohol could be sold for consumption in the area until 23:00 with the tables and chairs rendered unusable from 23:30. Customers would typically sit at a table where they would be served their drinks by a waiter/waitress and no standing area would be provided to permit vertical drinking. A customer would be able to purchase a drink at the internal bar and then take it outside but this would not be encouraged. The Sub-Committee noted that a member of staff would greet customers upon entering the bar.

The Council’s Legal Adviser was interested to learn how the Applicant would appropriately control the external area. Mr Browning stated that it would not become a source of crime and disorder as access to the area was strictly controlled through the hotel. CCTV was also in place and appropriate conditions had been agreed with the Police and EH. The primary concern related to the hours and as such, they had reduced them to 23:00 hours. Hotel residents would be located above the garden area and therefore the Applicant would ensure that that the external area did not create any nuisance and disturb them.

The Council’s Policy Adviser requested further clarity on the wording of the condition relating to tables in the external area being “put out of use”. Mr Browning confirmed that to provide reassurance the condition could be amended so that no licensable activities would take place in the external area after 23:30 hours. With the Applicant’s agreement the Council’s Legal Adviser suggested the following additional condition be added to the licence, “There shall be no provision of late night refreshment, or the supply or consumption of alcohol in the external Brook Street external seating area after 23:30.”

After careful consideration the Sub-Committee agreed to grant the Application. It was noted that the Premises was not located within a Cumulative Impact Area and therefore there was no presumption against granting the licence. It was considered that appropriate conditions had been agreed with the Responsible Authorities which would help promote the licensing objectives. The Sub-Committee was also pleased to note that the sale by retail of alcohol in the external area would cease by 23:00 hours. It was considered that an appropriate degree of control would be in place in the external area as it could only be accessed through the hotel, CCTV would be in operation and customers would be greeted when entering the bar by a member of staff. A further condition would be added to the licence preventing the provision of late night refreshment, or the supply or consumption of alcohol in the external Brook Street external seating area after 23:30. This provided reassurance that the area would not become a source of disturbance. The style and operation of the Premises was also taken into account and the Sub-Committee was of the opinion that it would not become a drink-led venue.

The Sub-Committee was pleased to note that no shisha would be provided at the Premises and the Applicant would use their best endeavours to ensure the planting used for screening in the external area would be pollution absorbent.

The Sub-Committee carefully considered the concerns expressed by the local resident 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 promote the licensing objectives and therefore granted the application accordingly.

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 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.

Conditions Reproducing the Effect of Conditions Subject to which Relevant Existing Licences Have Effect

10. This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.

11. On New Year's Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day).

12. Notwithstanding the provisions of Rule of Management No. 6 the premises may remain open for the purposes of this licence from 11pm on each of the days Monday to Saturday to 1am on the day following.

13. The entertainment to be provided under this licence shall be restricted to live bands and discotheque with ancillary dancing. The entertainment shall be provided by a maximum of twelve performers.

14. The number of persons accommodated at any one time (excluding staff) in the first floor restaurant shall not exceed 30; Ground Floor Lounge, 100; Ground Floor Restaurant, 120; and Brook Street Bar, 70.

Conditions which Reproduce the Effect of any Restriction Imposed on the use of the Premises by Specified Enactments

15. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

(a) He is the child of the holder of the premises licence.

(b) He resides in the premises, but is not employed there.

(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

16. If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of the premises licence (or the holder of the club premises certificate):

(a) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,

(b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and

17. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

Conditions Consistent with the Operating Schedule

18. There shall be no entry or re-entry to the Brook Street Bar via the Brook Street Entrance after 0100.

19. No windows to the Brook Street Bar nor the entrance from Brook Street into the Brook Street Bar shall be fixed open after 2300.

20. Films shall be permitted on New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day.

The two shops in the bottom left hand corner (leading off the Lobby) of the Ground Floor

21. No permanent bar shall be constructed in the shops.

22. Consumption of alcohol in the shops shall only be part of pre-booked event.

Conditions Attached after a Hearing by the Licensing Authority

Ground Floor Lounge, Restaurant and Bar: Monday to Saturday Only

23. (a) Subject to the following paragraphs, the permitted hours on Monday to

Saturday shall commence at 07:30 (12.00 on Christmas Day and Good Friday) and extend until 01:00 on the morning following, except that -

(i) the permitted hours shall end at 00:00 midnight on any day on which music and dancing is not provided after midnight; and

(ii) on any day that music and dancing end between 00:00 midnight and 01:00, the permitted hours shall end when the music and dancing end;

(b) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

(c)The permitted hours on New Year's Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00:00 on New Year's Eve.

NOTE - The above restrictions do not prohibit:

(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(e) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty's naval, military or air forces;

(g) the taking of alcohol from the premises by a person residing there;

(h) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(i) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

Other Areas and on Sundays in the Ground Floor Lounge, Restaurant and Bar

24. (i) Alcohol shall not be sold, supplied, consumed in or taken from the premises

except during permitted hours.

In this condition, permitted hours means:

(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve, 07:30 to 23:00

(b) On Sundays, other than Christmas Day or New Year's Eve, 07:30 to 22:30

(d) On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30

(e) On New Year's Eve, except on a Sunday, 07:30 to 23:00

(f) On New Year's Eve on a Sunday, 07:30 to 22:30

(g) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

(ii) Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year's Eve), and on Christmas Day, between 15.00 and 19.00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

NOTE - The above restrictions do not prohibit:

(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(f) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(h) the taking of alcohol from the premises by a person residing there;

(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

25. The service of alcohol (restricted to wines and champagnes and no other alcoholic beverages) is permitted between 07:30 and 10:00am during "Champagne Breakfasts", served by a waiter or waitress to seated customers. The service of such alcohol will be ancillary to the supply of food.

26. On no more than 15 occasions per year and following 10 days' prior notice to the Police and Licensing Authority (or such lesser time as may be agreed with the Police) the hours for the provision of licensable activities currently provided at the premises may be extended to such a time as agreed with the Police. The police having the power to veto such application.

27. 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 outside table area shall be covered by external CCTV. 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.

28. 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

29. 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) Any faults in the CCTV system, searching equipment or scanning equipment

(f) Any refusal of the sale of alcohol

(g) Any visit by a relevant authority or emergency service.

30. Service to the external tables shall cease at 23:00 hours and the tables put out of use by 23:30 hours daily.

31. There shall be no provision of late night refreshment, or the supply or consumption of alcohol in the external Brook Street external seating area after 23:30.

Supporting documents:

Claridges Hotel 47-57 Brook Street Mayfair W1, item 5. PDF 272 KB