LICENSING SUB-COMMITTEE

28 JUNE 2016

LATE MATERIAL

Double Tree by Hilton, 1 Skerne Road, 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 , Wales and . 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. The premises are primarily a Hotel for an Internationally respected brand with no significant history of issues of operation b. The amenity of their own residents is of paramount importance c. The design of the premises and facilities has been undertaken to avoid noise impact internally and externally d. The proposal and measures within the premises and outside the premises will prevent issues. e. The modified request for hours. f. No evidence can be produced to show the premises will have an adverse impact on the area. g. The function facility will be for organised functions and will not generally be utilised by members of the public. h. The brasserie and lounge bar “Hawkers” will provide quality facilities for residents and non residents

SUMMARY

18. It is submitted that the current application will not odd to the Cumulative Impact Policy. The premises are a Hotel with restaurant and bar facilities and function room facility as detailed. All of these aspects are vital to the success of the Hotel. It is submitted that the proposal satisfies the promotion of the licensing objectives and these premises will not add to any issues that may already exist in relation to existing premises and types of premises and Licences but will in fact provide the following:

 4 Star Hotel Brand.  Introduction of the Hilton Brand within the Kingston upon Thames area.  Provision of employment and career path.  Provision of hotel facilities of a type and style which is not already provided within the Kingston Upon Thames Licensing Authority area  The Hotel facility and the Hilton brand will provide inward commercial investment into the area.

John Gaunt & Partners June 2016

\. I

DouelnTRsp BY H I LTON

Where the little things mean everything.rM / \ ,'(,, Located in the heart of the Royal Borough of '1 London Kingston upon Thames, this fantastic ,'l new DoubleTree by Hilton hotel will be I I answering to a growing demand for upscale accommodation for Business and Leisure r, ì travellers visiting this popular riverside town. li ì I I Opening Autumn 2A1.6, this stunning property will be a hotel of choice for the ß I savvy business traveller who understands I ¡ and values true comfort, business iu Í convenience and assurance of quality and efficiency, as well as the leisure traveller who requires the combination of location, style and relaxation. Upscale First upscale hotel in Kingston Town Hotel Centre. Boasting an innovative, lndustrial - chic interior design.

Hawkers A unique destination Bar & bar and restaurant with outside seating. Offering Brasserie international cu isine. { ri A short distance from Hampton Court J Nea rby Attractions Palace, Richmond Park, Twickenham, Wimbledon. Set in the heart of Kingston upon Thames.

30 Minutes from Regular trains from Kingston to London Waterloo allow for quick and easy access t London into London.

Meeting & Dynamic space for Event up to 260 Theatre style with state of the art ClickShare Space Technology and AV equipment. Capital: London - Population: 65,LLL,143 - Language: English - Currency: GBp

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2 Minutes walk to the River Thames 10 Minutes drive to Hampton Court palace

5 Minutes walk to Kingston town centre 28 Minute Train journey to London Waterloo

5 Minutes walk from Kingston Train Station 10 Miles from London Heathrow Airport

8 Minutes walk from Cromwell Rd Bus Station 28 Miles from London Gatwick Airport \ I rt

-. London Heathrow Kingston Train Cromwell Road From the M25 Airport Station Bus Station exit at J9 e.4M /ts.13KM 0.3M 0.4 M (BA, American /O.4SKM /0.64KM Airlines, Delta, Qatar, From the M3 Quantas, Virgin etc) ex¡t at JL London Gatwick Airport 27.1M / 43.61 KM From the A3 join (Easyjet, British the 4308 Airways, Monarch, Ryanai4 Virgin etc) a Kingston Town Centre (0.3 Miles)

a River Thames (0.L Miles)

a The Bentall Centre (0.2 Míles)

a Rose Theatre (0.4 Miles)

a Hampton Court Palace (1.9 Miles)

a Ham House and Garden (2.4 Miles)

a Twickenham Stadium (a Miles)

a Wimbledon (4.3 Miles)

a Royal Botanical Gardens, Kew (4.a Miles) a Sandown Park Racecourse (4.8 Miles) a World of Adventures (5.6 Miles) a Central London (12 Miles) 146 Guest Rooms . 77 King Guest Rooms . L2 Twin Guest Rooms o J Queen Accessible Guest Rooms . 22 King Superior Room o $ Twin Superior Room . t4 King Corner Rooms o I Two Queen Beds Deluxe Room o I King Junior Suites King Gu

General Room Amenities . The signature Sweet Dreams@ sleep experience . 24SqM . Floor to ceiling windows . Air Conditioning . Complimentary Wifi . Tea & coffee making facilities . Walk in shower . 19 guest rooms with baths across room types . Exclusive toiletries . Dynamic work space . 43" Smart HDTV Ringl Twin Superior Rooms

. Premium WiFi . Espresso Coffee Machine

King Corner Room

. Private balcony with views of Kingston . 27SqM . Premium WiFi e{llhq* . Espresso Coffee Machine Two Queen Beds Deluxe Room

. 49" Smart HDTV . 31, Sq M . Premium WiFi . Two Queen sized beds . Espresso Coffee Machine . Fluffy bathrobe and slippers

King Junior Suites

. 49" Smart HDTV . 3LSqM . Premium Wifi . Espresso Coffee Machine . Contemporary lounge area . Fluffy bathrobe and slippers v t' A \ tlt it. t åtl' -( '1 ï li I 0 I i't i -/ -// /' j '1 --rI I t&fr ,t

The DoubleTree by Hilton London Kingston upon Thames will provide state of the art Precor equipment in its 24/7 Fitness Centre located on the second Floor for guest use only.

The surrounding area also provides stunning walking/jogging routes along the River Thames, in Hampton Court Park and up to Richmond park. Hawkers Bar and Brasserie {Ð

Our Hawkers Bar and Brasserie pays homage to Kingston's extensive contribution to the history of Aviation and is named after the 's chief test pilot, Harry Hawker. W¡th its It :J* lively atmosphere and modern design, Hawkers Bar I .{À I a and Brasserie will boast a trend-setting li:È. .+ * 'l'l I'nrF I menu with a -i:. - .i selection of contemporary dishes to complement íts 1. =--¡! ål* .t vast choice of local craft beers, spirits and wine. I

Whether you are gathering with friends and family Hawkers Bar and Brasserie for cocktails or enjoying our signature Afternoon Tea, our unique dining options offer a distinct an unforgettable experience as part of your visit to the DoubleTree by Hiton London Kingston upon Thames.

a Capacity - 160 a 06:00 - 22:O0 a lnternational Cuisine J, e ,lff Ix i I J. ü

The latest meeting and events facility in Kingston. A dynamic hotel venue with spaces well designed for up 260 theatre style in The Sopwith Suite.

Our contemporary and alternative town setting makes for a memorable wedding, social event, meeting or conference. Combining lndustrial-chic elegance with modern business conveniences and impeccable service, this well located hotel offers the perfect venue for all types of events.

The Sopwith Suite is ideal for unforgettable wedding receptions, and a choice of distinguished boardroom and meeting rooms with the latest clickshare Technology make for successful meetings. continued

The Sopw¡th Suite

. Max capac¡ty 260 Theatre Style . Can divide into 2 Meeting rooms . No Pillars I . State t of the art Audio Visual equipment -!l" î-- -4 . ,gÌí,iJri { ClickShare Technology t'tl- E[, æ* c /1-0 Square ù Metres . Ceiling Height 3.64 Metres . Fully controllable mood lighting

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. Max capacity 10 . State of the art Audio Visual equipment . ClickShare Technology . Modern Design . Fully controllable mood lighting . Natural Daylight

The Siddeley Meeting Room -4-'

iì . Max capacity 40 . Can divide into 2 Meeting rooms l,ì

ì I . State of the art Audio Visual equipment -.i . ClickShare Technology . Modern Design - r"---¡ il . Fully controllable mood lighting i ti r tÊ- . Natural Daylight Hollow Name Classroom Banquet Theatre Reception Conference Square Daylight

Sopwith Suite 72 L72 260 260 40 68 No

Sopwith 1 48 96 156 L56 36 48 No

Sopwith 2 24 36 68 68 36 36 No

Siddeley t2 20 32 40 18 20 Yes

Siddeley 1 10 1,6 L5 L0 Yes

Siddeley 2 1_0 1,6 15 10 Yes

Canbury 10 Yes Business Mix

E BAR I LNR/CNRIGOV ICMTG I ITlWhoIesaIe IGroup Geographical origin of business Potential Corporate Business Ð

Distance from the DoubleTree Kingston KEItrI We Ðelivet Unilever UK I

Northrop Grumman

ebay

Network Rail - &# - Uniîo¡ter G5K

BP Plc bp KBR -.Ê pwe 0 2 46 8 10 12 r Distance (Miles)

I-.- NORT'''ROP TESCO GRU}f}JAA' - IIITI

--Ir- - --I To be recognised as the preferred choice for the business and leisure traveller, delivering excellent customer service and driving loyalty

To establish the Hotel as the premier banqueting and conference venue of choice within the Kingston Market

To establish Hawkers Bar and Brasserie both within the local market and on a wider level whilst raising awareness across all segments

Local, Hilton and lnterstate Sales team to secure RFp's ZOLT

To work with Hilton and lnterstate Sales team maximise business opportunities across all segments for Q4 20L6 by utilising the HARP tool.

To create long lasting local and global relationships to ensure the success of the DoubleTree by Hilton London Kingston upon Thames support visibility of Hotel to all potential RFp's, rooms, meetings, events & exhibitions

From commercial Activation meeting, agree critical path with Hilton eCommerce team

lnclude Hotel in relevant brand communications, Hot sheets HH Communications E-Newsletters etc

Maximise the PR for the Hawkers Bar and Brasserie with the brand preldunnelpost opening

support required with securing corporate, Government, Entertainment and Sports RFp,s for 2Ot7

Support required with focus on e4 - Christmas, Meetings and Events, Corporate and Group business

Double Tree by Hilton, Kingston upon Thames

DISPERSAL POLICY – END OF EVENING EVENTS (INCLUDING FUNCTIONS)

1. The staff at the hotel will operate the following procedures and systems, as required,

to ensure that the premises are operating in a responsible manner with regard to the

dispersal of patrons, particularly later in the evening and following organised

functions within the function room.

2. Reception and food & beverage staff shall be alert to the number of non-resident

patrons on the premises in the later evening.

3. Clear and legible notices shall be displayed at all exits requesting the public to respect

the needs of local residents to leave the premises and area quietly.

4. Supervision of the entrance lobby towards the end of the evening and terminal hour

for functions shall be maintained by dedicated hotel staff (reception staff) as long as

the premises are open to non-residents.

5. CCTV supervision will be provided to the entrance/exits at all times.

6. At the end of a function, hotel staff will be visible at exits of the hotel to ensure

appropriate behaviour by customers leaving the premises. 7. All members of staff involved in the provision of licensable activities will be aware of

the conditions applied at the Premises Licence, particularly those relating to the

terminal hours of the premises.

8. During the last 30 minutes of a function, the number of service points in relation to

the bar will be reduced with staff reallocated to collecting glasses and offering

customer service in the cloakroom to assist customer departure.

9. Volumes of music will be reduced gradually towards the end of functions to encourage

gradual dispersal of patrons from any later evening functions.

10. Appropriate announcements will be made towards the end of functions encouraging

guests to disperse gradually and to remind customers of consideration for

neighbours.

11. Staff will:-

a. Encourage customers to drink up and progress to exit the premises in an

orderly manner.

b. Draw attention to exiting customers to the notices and asking them to be

considerate to neighbours.

c. Ensure the removal of glass / bottles from any customers who attempts to

leave the premises carrying one.

d. Actively encourage customers not to assemble outside the premises.

e. Direct customers to nearest taxi ranks and/or call taxis for customers as

appropriate.

f. The external areas will be cleared of customers in accordance with conditions

on the Premises Licence.

Conditions agreed with the Council’s Trading Standards Officer – 24 June 2016

1. Where mini bars are in place and there are to be occupants that are to be underage children (under 18) then the mini bar facility would be removed from the room.

2. A “Challenge 21” policy shall operate at the premises at all times. All staff shall check the identification of all persons who appear to be less than 21 years old. This check shall be made by examining either passport, photographic driving licence, or PASS approved proof of age card. No other form of identification shall be acceptable.

3. A written refusal record shall be kept as part of the Incident Book in which a brief description of the person attempting the purchase of alcohol, the goods they attempted to purchase, the date / time of the attempted purchase, the reason for refusal & signature of the person refusing shall be recorded. The DPS shall check the refusal record monthly and sign /date the check. The record shall be produced to Police or Authorised Officers of the Council on request.

4. Signed and dated records to be kept of all staff training and such records made available for inspection by Police or an authorised officer of the Local Authority upon request.

5. All new members of staff to be trained regarding the sale of alcohol, and requirements of the Licensing Act 2003. Staff will receive refresher training at intervals of no more than 6 months.