Agenda item - Royal Standard Cocktail Bar & Restaurant, 8 Sale Place, W2

Royal Standard Cocktail Bar & Restaurant, 8 Sale Place, W2

Meeting of Licensing Sub-Committee (1), Friday 16th June, 2017 10.00 am (Item 4.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Hyde Park Ward / not in cumulative impact area

Royal Standard Cocktail Bar & Restaurant, 8 Sale Place, W2

Variation of Premises Licence

17/03544/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: In support – 1 resident

Objecting - Environmental Health, 1 amenity society and 3 local residents.

Present: Mr Nigel Carter (Licensing Consultant, Representing the Applicant), Mr Arish Mustabi (Manager and leaseholder), Mr Ian Watson (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Zamit) and Mr John Zamit (Chairman, South East Bayswater Residents’ Association).

Royal Standard Cocktail Bar & Restaurant, 8 Sale Place, W2 17/03544/LIPV
1.	Late Night Refreshment – basement to be included within the licensable area (these hours are permitted for the ground floor as a result of the existing premises licence)
	Monday to Saturday: 23:00 to 23:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	There was an existing licence for the premises which permitted on the ground floor late night refreshment from 23:00 to 23:30 Monday to Saturday and on and off sales of alcohol from 10:00 to 23:00 Monday to Saturday and 12:00 to 22:30 on Sunday. Mr Carter, representing the Applicant, confirmed that his client sought to vary the application by adding the basement area to the licence for exactly the same licensable activities and hours as the ground floor. Mr Carter stated that the Applicant had agreed conditions with Environmental Health and the Police. The Police had subsequently withdrawn their representation. Mr Carter also wished to respond to some of the concerns expressed by residents in their written representations. Professor Henderson had suggested that the premises would now be opening on Sundays but the premises had in fact previously under the existing premises licence been permitted to open on Sundays. The current application was only seeking to add the basement to the licence for the same hours as on the ground floor. Mr Carter made the point that Mr Mustabi did not intend in the foreseeable future to open the premises on Sundays or Bank Holidays as he wished to spend quality time with his family then. The Applicant was also not extending the proposed hours to Core Hours at this stage. Mr Carter also wished to refute Mr Henderson’s view that the basement would operate as a music / drinking club. Mr Carter informed the Sub-Committee that Mr Mustabi intended to offer the basement as a meeting room during the daytime and for private functions during the evening as well as having additional capacity there on busy evenings. Any music would have to be routed through a noise limiter set by Environmental Health. A condition was also proposed by Environmental Health that seating would be provided in the basement to accommodate a minimum of 50 persons. Mr Carter said that his client appointed, as a voluntary undertaking, one SIA door staff at Royal Standard Cocktail Bar & Restaurant on Thursday and Friday evenings which were the two busiest nights at the premises. The role of the staff included ensuring that customers did not obstruct the footpath, did not cause a noise nuisance and were quiet when they left the premises. Customers would be directed towards Praed Street at the end of the evening. Mr Carter commented that it was pure conjecture in Ms May’s representation that ‘those visiting the bar who have consumed too much alcohol are likely to commit vandalism, litter our streets, urinate/defecate in the street, become aggressive and commit violent crimes’. He did not believe there was any evidence to support this as the premises had traded since 2016 and there had been no evidence of anti-social behaviour. Adding the basement to the licensed area, he stated, was unlikely to cause the problems Ms May suggested. There would not be any sports television coverage designed to attract football fans. Mr Carter was also of the view that the additional conditions being proposed addressed the key concerns raised by Mr Jordan and Mr Zamit on behalf of SEBRA in their respective representations. Mr Carter emphasised that in exchange for the basement being added to the premises licence, the Applicant had agreed an additional 24 conditions. Currently customers could be accommodated in the basement (although alcohol and late night refreshment could not be sold to patrons there) and were able to drink in both Sale Street and Star Street with no restrictions. However, the Applicant took the view that this had a detrimental effect on the business. The Applicant had agreed a condition with Environmental Health that there would be no patrons, seated or standing, in Star Street. There were currently 8 tables with 32 seats in total in the Applicant’s external area in Sale Street and it was proposed that there would be a maximum of 50 people seated or standing in this area. Mr Watson on behalf of Environmental Health referred to one of his proposed conditions being that ‘the emergency exit door from the basement room leading onto Star Street shall be maintained closed at all times that the public are on the premises except for emergency use’. There was access from the ground floor into the basement. The capacity based on the escape for the basement was 90 people. Mr Watson confirmed that based on residents’ concerns, he had agreed with the Applicant that the private forecourt on Sale Place would be limited to 50 patrons and that there would be no patrons in Sale Street. Other conditions agreed between Mr Watson and the Applicant included the model condition for Environmental Health to visit and set the noise limiter, doors and windows being kept closed at 22:00 and also restrictions on collections and deliveries. Mr Watson added that following agreement of the proposed conditions he was reasonably content with the application. Mr Watson advised the Sub-Committee that there had been one noise complaint to the Council’s Noise Team on 5 May 2017 in respect of the premises which had resulted from loud music being played. This had been because a fire door on the ground floor on Sale Place had been kept open which had led to noise escape upstairs. An Environmental Health officer had visited and no action was taken. The Sub-Committee was addressed by Mr Brown, representing Mr Zamit. He requested some amendments to Environmental Health’s proposed conditions. These included that seating in the basement should be ‘substantially laid out’ to tables and chairs accommodating a minimum of 50 persons, that all windows and external doors were kept closed after 21:00 rather than after 22:00 hours as agreed between Environmental Health and the Applicant, that at least 32 out of 50 people on the private forecourt on Sale Place be required to be seated and that were no deliveries between 20:00 and 08:00 the following day (Environmental Health and the Applicant had agreed no deliveries between 23:00 and 08:00). Mr Carter agreed these proposed amendments on behalf of his client, including being required to have the availability of seating in place for up to 32 out of 50 people following a further request from Mr Zamit who believed there were potential issues with vertical drinking. Mr Carter had had concerns about this proposal because if tables and chairs needed to be removed for any reason, it would limit the Applicant to 18 people outside. Mr Brown also requested that an additional condition was attached to the premises licence that no super-strength alcohol was sold in respect of the off-sales. Mr Zamit asked that the closing time in respect of the opening hours for the premises on Sundays was limited to 22:30. Mr Carter replied that his client would like the opportunity to provide 30 minutes’ drinking up time on Sundays. Mr Wroe advised that there was a condition on the existing premises licence that tables and chairs would be rendered unusable after 22:30. However, there was no condition on the licence limiting the use by patrons of the outside area. Mr Wroe asked whether it was the understanding of the parties that the outside area was not used after 22:30. Mr Zamit requested that the outside area was not used after 22:30. Mr Carter on behalf of his client offered 23:00. The Sub-Committee, in granting the application, noted the positive nature of the conversation at the hearing and that the Applicant had agreed a number of measures to promote the licensing objectives. Some of the conditions specifically related to the basement being added to the premises licence, such as the basement being substantially laid out to chairs with seating for approximately 50 people and others went beyond this. These included restricting the hours of deliveries and making seating available for up to 32 out of 50 people on the private forecourt in Sale Place. The Sub-Committee attached all the conditions to the premises licence that the Applicant had agreed could be amended at the request of Mr Brown and Mr Zamit. In addition, it was noted that the Applicant was also employing one SIA voluntarily on Thursdays and Fridays and was choosing not to operate on Sundays. The Sub-Committee took into account that currently there was no limit in terms of the hour when patrons could remain outside in the private forecourt in Sale Place. The Applicant was therefore making a concession in offering 23:00 as the latest time patrons could remain in this area. The Sub-Committee amended the time when tables and chairs could be rendered unusable to 23:00 rather than 22:30 on the existing licence because otherwise patrons would be able to remain outside and partake in vertical drinking for thirty minutes without tables and chairs being available. The Sub-Committee noted Mr Zamit’s request for the closing time for the premises to be 22:30 on Sundays which is in keeping with the Council’s Core Hours. However, the premises already permitted the Applicant to close the premises at 23:00 and the Applicant requested that this was not reduced. The closing time on Sundays therefore remained as 23:00.
2.	Sale by retail of alcohol (On and Off) – basement to be included within the licensable area (these hours are permitted for the ground floor as a result of the existing premises licence)
	Monday to Saturday: 10:00 to 23:00 Sunday: 12:00 to 22:30
	Amendments to application advised at hearing:
	There was a condition on the existing premises licence that there shall be no off sales after 22:00 and the Applicant was content for this to be in place for the basement as well as the ground floor.
	Decision (including reasons if different from those set out in report):
	Granted (taking into account that there would be no off sales after 22:00), subject to conditions as set out below.

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. 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 or Good Friday, 10:00 to 23:00;

(b) On Sundays, other than Christmas Day, 12.00 to 22.30:

(d) On Christmas Day, 12:00 to 15:00 and 19:00 to 22.30;

(e) 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).

NOTE - The above restrictions do not prohibit:

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

(b) 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 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.

10. The terminal hour for late night refreshment on New Year's Eve is extended to 05.00 on New Year's Day.

11. Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

(a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

(b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

This condition does not prevent payment being made by credit card, provided the customer is presented with an itemised bill showing the details of alcoholic drinks purchased.

12. There shall be no off sales after 22:00.

13. The outside area shall not be used for any purpose after 23:00 and tables and chairs located outside the premises shall be rendered unusable at this time.

14. 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 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 entire 31 day period.

15. 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 is 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.

16. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

17. 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.

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

19. 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) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system

(g) any refusal of the sale of alcohol

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

20. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

21. Whenever licensable activities are taking place with the basement, there shall be a member of staff present within basement area.

22. The number of persons permitted in the basement of the premises at any one time (excluding staff) shall not exceed 90 persons.

23. The basement shall be substantially laid out to tables and chairs with seating to be provided in the basement to accommodate a minimum of 50 persons.

24. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

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

26. All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

27. The emergency exit door from the basement room leading onto Star Street shall be maintained closed at all times that the public are on the premises except for emergency use.

28. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises, except for persons consuming alcohol outside the premises.

29. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises as off sales, except for premium beers and ciders supplied in glass bottles and with the prior written approval of the Police.

30. Patrons drinking outside the premises shall be restricted to the private forecourt on Sale Place and limited to 50 persons (seated or standing) with a minimum of 32 seats maintained in the outside area. Staff will be proactive in ensuring that the footpath is not obstructed. There will be no patrons, seated or standing, in Star Street.

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

32. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

33. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 on the following day.

34. No deliveries to the premises shall take place between 20.00 and 08.00 on the following day.

35. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

36. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

37. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.

38. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

39. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

Supporting documents:

Royal Standard Cocktail Bar & Restaurant 8 Sale Place W2, item 4. PDF 547 KB