Late Material Agenda Supplement for Licensing Sub-Committee, 28/06

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Late Material Agenda Supplement for Licensing Sub-Committee, 28/06 LICENSING SUB-COMMITTEE 28 JUNE 2016 LATE MATERIAL Double Tree by Hilton, 1 Skerne Road, Kingston upon Thames KT2 5FL - Appendix A The following material has been received since the publication of the agenda for this meeting: Submission from applicant Positioning Document from applicant Dispersal Policy from applicant Conditions agreed with RBK Trading Standards IN THE MATTER OF: A PROPOSED HOTEL DOUBLE TREE BY HILTON AT 1 SKERNE ROAD, KINGSTON UPON THAMES HEARING: 28TH JUNE 2016 SUBMISSION ON BEHALF OF REQ OPCO (KINGSTON) LTD APPLICANT WRITTEN SUBMISSION ON BEHALF OF THE APPLICANT 1. This is an application for the grant of a Premises Licence pursuant to Section 17 of the Licensing Act 2003 for a new Hotel to be known as Double Tree by Hilton and it is proposed to have 146 guest bedrooms. Planning Permission was granted in 2008 for the Hotel including “conference banqueting and meeting rooms” as part of a major redevelopment of the area. 2. The proposed site is to operate as a full service Hotel managed by Interstate Hotels and Resorts Europe (the largest hotel management globally managing over 500 hotels and resorts). It is proposed that the Hotel will form part of the world wide Hilton organisation. Hilton is one of the largest Hotel operators in the world. There are currently 450 Double Tree by Hilton Hotels. There are approximately 30 Hotels across England, Wales and Scotland. At the present time, the closest Doubletree by Hiltons geographically to Kingston upon Thames are in Chelsea and Heathrow Airport. The development therefore proposes the introduction of this major and internationally known Hotel brand to Kingston upon Thames. 3. One matter referred to in various representations is a “roof terrace bar” and a “sky bar”. These are not part of the application for the Premises Licence and have never formed part of this application. The upper floors are dedicated to bedrooms. As such, the nearest residents likely to be affected or potentially affected by the operation will be those residents who are staying in the Hotel itself who are a paramount concern to the hotel. The hotel itself has soundproofing measures to insulate residents of the hotel from external noise, such as the nearby railway line. Such sound attenuation measures are effectively two way, preventing possible noise from with the premises escaping externally. 4. As the Hotel will be part of the Hilton organisation, the Hotel will benefit from the Hilton “global distribution system” to attract national and international visitors to Kingston upon Thames. The Hilton brand is one of the most recognised brands in the world. The aim is to appeal to all markets and attract business and leisure visitors to Kingston upon Thames. In addition the hotel will create (85) new jobs with a career structure for new employees 5. This development will be a 4 star Hotel with commensurate facilities including dining facilities on the ground floor from breakfast through to snacks, afternoon teas and a full restaurant service on offer to customers. This is to be named “Hawkers” after the historic link to the Aviation industry. As well as the restaurant there will be ground floor lounge bar area and in addition at first floor meeting rooms and a function suite area (which has no external windows overlooking any properties). 6. Attached at Appendix 1 of this is a document “Double Tree by Hilton” positioning document. This expands upon the proposal at site. 7. In addition, the intention is to draw on the Hilton International brand to bring customers to the hotel and to Kingston. The expectation based on research is that the geographical origin of business will be approximately 33% international and 67% national drawing from potential corporate business as detailed in the positioning document. The ability to provide the licensable activities requested will be paramount to the chances of success in that regard. This includes not only facilities for residents but for those who will be attending conferences and meetings and evening events. 8. At present there would appear to be no similar Hotel offering within the Kingston upon Thames Licensing Authority area. The main existing Hotels are as follows :- A. Holiday Inn Kingston South – outside the Licensing Authority area with 116 bedrooms (licensed to a terminal hour of 02.00). This is the only similar large brand 4 star Hotel in the vicinity. B. Premier Inn Kingston – developed and built in 2015. It does not have similar proposed conference facilities and has no gym facility. The terminal hour for licensable activities to non-residents is 00.30. C. Travelodge – 2 within Kingston: Kingston Central and Kingston. Limited facilities, budget Hotel. Travelodge 9. These are the main larger Hotels but we submit that none within the area of the Licensing Authority currently offer the facilities as proposed by this Hotel. REPRESENTATIONS. 10. There have been representations from residents mainly to the rear of the premises on Henry Macaulay Avenue which will have no direct access or link to the hotel for residents or customers. There are representations from the Police and the Environmental Health Officer. It appears the application is not opposed in principle but the Responsible Authorities requested more restrictive hours and additional conditions for any premises licence granted. to seek to address these concerns the Applicant proposes to modify the application in the following terms: a. Request for the proposed terminal hour to be reduced so that the terminal hour for all licensable activities will be midnight within the restaurant / lounge bar area for non-residents b. A terminal hour of 01.00am for those persons attending a pre-booked function or pre-booked event (such as a wedding, Corporate dinners, functions, corporate events, etc.) on a Friday or Saturday evening throughout the year and each evening throughout December.(For other days of the week (Sunday to Thursday) the terminal hour would be Midnight for the function area except in December). CONDITIONS 11. Conditions have been requested by the police and EHO in addition to those as detailed in the application lodged with the Licensing Authority. With the exception of the requested reduced hours referred to in the representations from the police and EHO (which are not agreed) we would comment as follows:- - Police conditions as detailed in their letter of representation dated 6th June and numbered (1) to (5) are agreed - Environmental Health Officer conditions requested in their representation are agreed (numbers 1,2,3,5, and 6) with the exception of the restriction on hours for licensable activities detailed at condition number 4 which is not agreed. THE LAW The Licensing Objectives. 12. Central to the statutory regime are the four licensing objectives which are the only relevant areas for consideration in licensing applications. They are as follows: - Prevention of crime and disorder. - Public safety - Prevention of public nuisance. - Protection of children from harm. It is submitted that the application and the additional conditions will promote the licensing objectives. The Guidance 13. Under Section 182, the Secretary of State is required to issue Guidance to Licensing Authorities on the discharge of their functions under the Licensing Act. 14. Whilst the requirement to have regard to the Guidance is binding on Licensing Authorities, paragraph 1.9 of the Guidance recognises that : “This Guidance cannot anticipate every possible scenario or set of circumstances that may arise and, as long as Licensing Authorities have properly understood this Guidance, they may depart from it if they have good reason to do so and can provide full reasons. Departure from this Guidance could give rise to an Appeal or Judicial Review and the reasons given will then be a key consideration for the Courts when considering the lawfulness and merits of any decision taken”. The current application falls within the Kingston Cumulative policy area. The Guidance deals with Cumulative impact policies at paragraphs 13.20- 13.39. In particular paragraph 13.36 states as follows; “ A special policy should never be absolute. Statements of licensing policy should always allow for the circumstances of each application to be considered properly and for applications that are unlikely to add to the cumulative impact on the licensing objectives to be granted………..The impact can be expected to be different for premises with different styles and characteristics. For example a large nightclub or high capacity public house might add to problems of cumulative impact, a small restaurant or a theatre may not. If the licensing authority decides that an application should be refused it will still need to show that the grant of the application would undermine the promotion of one of the licensing objectives and that appropriate conditions would be ineffective in preventing the problems involved.” 15. The Licensing Authority adopted a Cumulative Impact Policy on 13th October, 2011 and this is covered by paragraphs 61 – 69 in the licensing policy document. 16. In addition at Annex 3 of the licensing policy there is specific reference to the cumulative impact policy which states as follows; “”The adoption of a special policy on cumulative impact creates a rebuttable presumption that applications for new premises licences or club premises certificates…made by premises within the defined area will be refused unless the applicant can demonstrate to the satisfaction of the licensing authority that there will be no negative cumulative on the licensing objectives.” 17. Whilst it is accepted that the premises fall within a Cumulative Impact Policy area, the Cumulative Impact Policy area itself covers a large area and all applications for New Premises Licences such as for Nightclubs, Pubs, Bars etc. It is submitted that the current application in its current form will not add to the Cumulative Impact Policy if it is granted because in summary;- a.
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