Agenda item - Rosa's Victoria, 25 Gillingham Street, SW1

Rosa's Victoria, 25 Gillingham Street, SW1

Meeting of Licensing Sub-Committee (1), Friday 16th June, 2017 10.00 am (Item 3.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Warwick Ward / not in cumulative impact area

Rosa's Victoria, 25 Gillingham Street, SW1

Variation of Premises Licence

17/03852/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 1

Friday 16th June 2017

Membership: Councillor Angela Harvey (Chairman), Councillor Tim Mitchell and Councillor Murad Gassanly

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Yolanda Wade

Relevant Representations: Environmental Health Service and 4 local residents.

Present: Mr Craig Baylis (Solicitor, Representing the Applicant), Mr Alex Moore (Managing Director) and Mr Ian Watson (Environmental Health).

Rosa’s Victoria, 25 Gillingham Street, SW1

17/03852/LIPV

Conditions being varied, added or removed

Condition on existing licence

Condition 16 – Outside tables and chairs shall be rendered unusable by 21:00 each day.

Proposed variation

Outside tables and chairs shall be rendered unusable by 22:30 each day.

Condition 30 – There shall be no external consumption of drinks after 20:30

There shall be no external consumption of drinks after 22:00.

Amendments to application advised at hearing:

Mr Baylis, representing the Applicant, advised during the hearing that it was no longer proposed to extend the hours in relation to conditions 16 and 30 on Sundays.

Decision (including reasons if different from those set out in report):

The Applicant was seeking to amend two conditions on the existing premises licence. One was to change when outside tables and chairs would be rendered unusable from 21:00 each day to 22:30 each day and the other was to extend the latest time when the external consumption of drinks could take place from 20:30 until 22:00. Mr Baylis, representing the Applicant advised at the hearing that it was no longer proposed to extend the hours in relation to these conditions on Sundays.

A local resident, Dr Al-Kaisy, had originally submitted a written representation objecting to the application. He had then submitted a further written representation the evening prior to the meeting which included a photograph of the premises, showing that he lived immediately next door. Mr Baylis was asked whether he was content for the late submission to be considered by the Sub-Committee and he replied that he had no objection.

It was noted that the representation from the Licensing Authority had been withdrawn.

Mr Baylis stated that Rosa’s Victoria is a Thai restaurant where alcohol is ancillary to substantial table meals. The premises had been trading for just over a year. There were currently six external chairs in Gillingham Street and a further ten on Wilton Street. He added that there had been no complaints received at the premises. The premises had also operated until the hours sought in the current application on 12-13 May, 18-20 May and 25-27 May as a result of three temporary event notices and there had been no complaints in relation to these.

Mr Baylis responded to some of the objections in the written representations. He made the point that Dr Al-Kaisy had commented that ‘to introduce alcohol to the equation is a recipe for disaster. Undoubtedly this will increase the level of noise, and also antisocial behaviour’’. Mr Baylis wished to draw Members’ attention to the fact that alcohol was already permitted at the premises, including in the outside area. It was ancillary to a substantial table meal. It was also the case contrary to Dr Al-Kaisy’s representation that Rosa’s Victoria already had tables outside on Gillingham Street.

Mr Baylis referred to residents’ experiencing problems as a result of the smoking area for Tozi restaurant on Gillingham Street and also potentially the pub opposite Rosa’s Victoria rather than activities at Rosa’s Victoria raising any issues.

In response to a question from the Sub-Committee, Mr Baylis informed Members that the Applicant complied with the conditions on the existing premises licence that there was waiter or waitress service in the outside area. A condition was also being proposed by the Applicant for the current application that a member of staff would be required to ensure that patrons at the tables and chairs outside keep noise to a minimum. He added that there was already a member of staff carrying out this function in the outside area currently.

Mr Watson, on behalf of Environmental Health, confirmed that there had been no noise complaints received by the Council’s Noise Team for the premises. He advised that there was no requirement for the Applicant to have a tables and chairs licence as the tables and chairs are not located on the public highway. Environmental Health had not put forward any additional conditions as the proposed extended hours for the use of the tables and chairs outside were in keeping with the hours that were often permitted for tables and chairs use. He referred to the Applicant having withdrawn any extension of hours for the use of the tables and chairs on Sundays. Mr Watson was of the view that this was a moderate application and he did not have any objections to it.

Mr Wroe asked about condition 12 on the existing premises licence where a capacity for the basement had not been resolved and also whether there was a capacity for the external area only. The overall capacity for the internal and external areas was 60. Mr Watson recommended that the basement capacity was determined by Environmental Health and Mr Alan Lynagh when the works were being assessed as required in the works condition. Mr Baylis responded in relation to the question regarding a capacity for the external area that he was content for the outside area to be limited to a maximum of 16 people.

Mr Baylis had no objection to the ‘no striptease or nudity’ conditions on the existing premises licence being updated in line with the Council’s model condition MC44.

The Sub-Committee appreciated that some concerns had been expressed by local residents in their written representations but also noted that the four residents concerned had expressed issues about Tozi on the other side of the road and had not provided any specific issues regarding the existing operation from Rosa’s. In reaching a decision to grant the application, the Sub-Committee noted that Environmental Health’s concerns had been addressed and there had been no recorded noise complaints. The proposed hours for the use of the tables and chairs were not being increased on Sundays. Alcohol consumed outside would continue to be ancillary to substantial table meals and would continue to be served by waiter and waitress. A member of staff would keep an eye on patrons at the tables and chairs outside to ensure that noise was kept to a minimum. The Applicant had agreed that there would be a maximum of 16 people outside. The Sub-Committee decided that there would be no more than 8 people at tables and chairs in Gillingham Street with the remaining maximum of 8 in Wilton Street.

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 sub-paragraph 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.

Additional Conditions

9. 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.

10. A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

11. There shall be no supply of draught beer.

12. The maximum number of persons accommodated at any one time in the basement shall not exceed such number (excluding staff) as may be agreed with the District Surveyor at which time the licensing authority shall replace this condition with a condition setting out the agreed capacity.

13. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance

14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.

15. Patrons temporarily leaving the premises shall not be permitted to take drinks outside with them, save for persons seated in the external seating area.

16. Outside tables and chairs shall be rendered unusable by 21.00 on Sunday and by 22.30 on Monday to Saturday.

17. 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.

18. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.

19. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

20. 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

(d) any incidents of disorder

(e) seizures of drugs or offensive weapons

(f) any refusal of the sale of alcohol

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

21. 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

22. The premises shall install and maintain a CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

23. 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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

24. The premises, including the external area, shall only operate as a restaurant:

(i) In which customers are shown to their table,

(ii) 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.

(iii) where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

25. The supply of alcohol shall be by waiter or waitress service only.

26. There shall be no off sales of alcohol, except as detailed below:-

'Sales of alcohol for consumption off the premises shall only be supplied with and ancillary to a take away meal when delivered to the customer's home address by trained delivery drivers or by customers attending in person for take away meals'.

27. The external consumption of drinks is limited to seated patrons of the premises consuming food purchased or supplied on the premises.

28. There shall be no more than 16 people in the external area at any one time and no more than 8 people in the Gillingham Street part of the external area at any one time.

29. There shall be no external consumption of drinks after 20.30 hours on Sunday and after 22.00 hours on Monday to Saturday.

30. All windows and doors on Gillingham Street shall remain closed except for the immediate access and egress of patrons or for emergency access or evacuation.

31. All deliveries and collections shall be made to and from the Wilton Road doors with none via the door on the corner of Wilton Road and Gillingham Street.

32. There shall be no deliveries or collections to or from the premises between 2200 and 0800.

33. Except in the case of emergency access or evacuation, access to and egress from the premises after 2300 shall only be via the Wilton Road doors with none after 2300 via the door on the corner of Wilton Road and Gillingham Street.

34. No rubbish from the premises, including bottles, shall be moved, removed, placed or maintained in Gillingham Street or Wilton Road between 2000 and 0700.

35. The number of persons permitted any one time (excluding staff) shall not exceed 60 persons for the internal and external areas.

36. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

37. Age verification i.e. challenge 21 must be made at the point of sale and at the point of delivery for all off sales of alcohol

38. A member of staff shall be instructed to ensure that patrons at the tables and chairs outside keep noise to a minimum.

Supporting documents: