Agenda item

Report of the Executive Director Supporting Communities

This is an application to vary a premises licence under section 34 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director, Supporting Communities detailing an application to vary a premises licensing under Section 34 of the Licensing Act 2003.

The Licensing Officer introduced the report and explained that the application was to extend the terminal hour for licensable activities in the basement of the premises to 2am from Mondays to Saturdays. The premises was located in the Seven Dials Cumulative Impact Special Policy Area.

Members noted that there was a written submission from an Interested Party who was not present. They noted the written submission.

Jack Speigler, the Applicant’s Representative, made the following points in his submission:

·       The premises was a 220-bed hotel. Their primary interest was in providing a quiet and restful environment for their guests and so they did not intend to operate the basement in a way that would cause noise or other nuisance.

·       The premises had been in operation since 2014 and was part of an international hospitality group.

·       The aim of the application was to align the hours of operation of the ground floor and basement.

·       No objections had been received from Responsible Authorities or residents’ associations.

·       They had been in discussion with the Covent Garden Community Association. They had also attempted to contact the Interested Party but she had not responded.

·       The premises was offering a condition which would state that there could not be a dance floor in the basement and which would state that, with the exception of the designated bar area, service of alcohol would be by waiter/waitress service.  

A member asked about the capacity of the ground floor and basement. The manager of the hotel, Murray Scott, said that the capacity on the ground floor was 200 people in three sections. The seated capacity in the basement was about 65-70 people, but could contain up to 120 people if they were standing.

Mr Scott was asked if any additional security would be required for the premises. He said that they had two SIA registered door supervisors on duty and also a floor manager who would supervise the space and help co-ordinate matters such as the departure of patrons.

Members asked why the variation was being applied for now. Mr Scott said the basement had previously been let to Soho House but that this lease had ended and they were now taking a new approach to the basement.

Mr Spiegler and Mr Scott assured Members that the intention was not to run the premises as a nightclub and so it would not cause the public nuisance or cumulative impact in the area that such a premises might.

Members noted the noise concerns raised by the Interested Party. The Applicant said that one noise incident had been from a live band on the ground floor, and so did not relate to the area the variation covered, and the other related to an old glass-crushing machine which had been generating too much noise and which was being serviced.

The representatives of the premises were asked if they adhered to the ‘Ask for Angela’ policy on women’s safety and they said that they did. 

Panel Decision and Reasons

Having heard from the Applicant and considered the written evidence from the Interested Party, Members deliberated on the application. They said that they were reassured by the application and the responses from the applicant that the premises was well-run. They were of the view that granting the application subject to the offered condition would not add to cumulative impact in the area.

They noted that there had been no objections from Responsible Authorities or from the residents’ associations in the area.

Members agreed that the premises had rebutted the presumption to refuse variation applications in a cumulative impact area and that the requested variation should be granted, subject to the existing conditions on the licence and the additional condition offered.

RESOLVED –

(i)              THAT the hours of operation of the basement be extended to:

a)       Supply of Alcohol (On Sales)

07:00 - 02:00 (Basement) - Monday to Saturday

The premises shall remain open to permit the sale of alcohol to hotel residents and their bona fide guests 24 hours per day

b)       Late Night Refreshment:

23:00 - 02:00 (Basement)  Monday to Saturday

c)       Recorded Music

07:00 - 02:00 (Basement) - Monday to Saturday

d)       Live Music

07:00 - 02:00 (Basement) - Monday to Saturday

e)       Films

07:00 - 02:00 (Basement) - Monday to Saturday

(ii)             THAT the following condition be added to the licence:

“In the basement:

a.       There shall be no dance floor.

b.       Except for the designated bar area hatched on the licence plan, the supply of alcohol shall be way by waiter/waitress service to seated customers only.”

ACTION: Executive Director, Supporting Communities