Agenda item

Paddington Barges Opposite Hammersmith And City Line Entrance to Paddington Station, Adjacent to Bishop's Bridge Road, Paddington Central

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Hyde Park Ward / not in cumulative impact area

Paddington Barges Opposite Hammersmith And City Line Entrance to Paddington Station, Adjacent to Bishop's Bridge Road, Paddington Central, W2

New

17/04082/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 29th June 2017

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:  Environmental Health, Licensing Authority and 2 Amenity Societies

 

Present:  Mr Alun Thomas (Solicitor, Representing the Applicant), Ms Prue Freeman (Owner, Applicant Company), Mr Dave Nevitt (Environmental Health), Mr Steve Rowe (Licensing Authority) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing South East Bayswater Residents’ Association (‘SEBRA’) and Paddington Waterways and Maida Vale Society (‘PWMVS’).

 

Paddington Barges Opposite Hammersmith And City Line Entrance to Paddington Station, Adjacent to Bishop’s Bridge Road, Paddington Central, W2

17/04082/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Saturday:                            23:00 to 23:30

 

 

 

Amendments to application advised at hearing:

 

 

Mr Thomas informed the Sub-Committee that late night refreshment had been withdrawn following discussions with the objectors to the application.

 

 

 

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

 

 

Licensable activities were sought on two barges which would be permanently moored next to each other on the Grand Union Canal.  The Sub-Committee was informed prior to hearing the case that there had been significant discussions between Mr Thomas, the Applicant’s Representative, Mr Brown, representing SEBRA and PWMVS, Mr Zamit of SEBRA and Ms Virgo of the PWMVS.  A number of proposed conditions had been agreed.

 

Mr Thomas advised that Ms Freeman owns three other premises in London with two being in the borough.  Ms Freeman stated that her Daisy Green concept was an Australian one involving healthy lifestyle including coffee, brunch and healthy lunches.  Her premises in the Nova development in Victoria also involved early evening, dinner and associated drinks options.  The Paddington Barges application included a restaurant boat and a café boat.  The café boat with bar would have a business centre with exhibition tables and interactive devices such as ipads.     

 

Mr Thomas said that the concerns of the objectors were whether the premises were a restaurant, a bar or something in between.  He wished to clarify in response to Mr Zamit’s concerns that his client did not want the barges to become a vertical drinking establishment.  He also made the point that the premises were not located in one of the Council’s designated cumulative impact areas.

 

Ms Freeman provided the information that there would be a staircase fixed between the café boat and the restaurant boat and if one reached the top deck it was possible to cross the gangplank between the two boats.  The top decks of the barges, which were open to the elements, would only be used in the summer months.

 

Mr Thomas stated that the Applicant had agreed with the objectors that the terminal hour for on and off sales of alcohol had been reduced to 23:00 Monday to Saturday and 22:30 on Sunday.  Mr Thomas informed the Sub-Committee that late night refreshment had been withdrawn following discussions with the objectors to the application.  He was seeking that the hours the premises are open to the public took into account an additional 30 minutes’ drinking up time after the sale of alcohol ceased.  The proposed closing times were therefore 23:30 Monday to Saturday and 23:00 on Sundays.

 

Mr Thomas referred to the updated proposed conditions agreed with the objectors.  These included that the licensable activities would be ancillary to the main function of the premises as a Daisy Green café.  The aim was to prevent it being taken over by a drink led franchise.  A revised version of the Council’s Model Condition 38 had been proposed with alcohol on the lower deck of the restaurant boat only being supplied to a seated customer having a table meal.  The total capacity for the two barges would be 60 excluding staff.  It was clarified to the Sub-Committee that the tables and chairs which would be removed or rendered unusable by 21:00 hours Sunday to Wednesday and 22:30 hours Thursday to Saturday were on the top deck of the barges.

 

The Sub-Committee was addressed by Mr Brown.  Mr Brown explained that the Amenity Societies’ representations had originally been submitted because it was felt there had been insufficient detail in the application.  Mr Brown commented that it was the understanding of the objectors following discussions with Mr Thomas prior to the hearing that the closing time would be the same as the terminal hours for on and off sales of alcohol and there would be no drinking up time.  Mr Zamit had been very firm on this point and it was the view of the objectors that the Applicant had agreed this.  Ms Virgo had left the meeting as her concerns had been addressed including in relation to the closing times.

 

Mr Brown welcomed the maximum capacity of 60 excluding staff.  He was however on behalf of Mr Zamit requesting a capacity for the top deck tables and chairs.  He appreciated that this was dependent on circumstances but asked that there was a roughly even split across the two barges (this would not need to take the form of a condition).  Mr Brown also sought an indication from the Applicant that the café boat would be a food led premises.  He accepted that the Daisy Green model elsewhere is food led.  Mr Brown requested that deliveries took place from 08:00 to 20:00.  He added that rubbish collections until 23:00 were acceptable to the Amenity Societies as they understood the Applicant’s concerns that rats could be attracted if the rubbish was not collected at a later hour.

 

The Sub-Committee heard from Mr Nevitt on behalf of Environmental Health.  He confirmed that the application was largely within Core Hours and had a capacity of 60 excluding staff, food was ancillary to alcohol in the restaurant boat and elsewhere there was a bar type element.  There would also be a seasonal opportunity for the Applicant to use the top deck.  He was now reasonably content with the application.  The works conditions would enable Environmental Health to carry out inspections, particularly in terms of ensuring public safety, when the boats were fully fitted out.  Mr Nevitt, in response to a question from the Sub-Committee, advised that the capacity was in keeping with the three toilets provided across the two boats and also what was appropriate in terms of the escape routes.  It was the preference of Mr Nevitt that there was a similar number across the two boats.

 

Mr Rowe stated that the Licensing Authority had originally made a representation because of lack of detail in the application.  There had now been helpful discussions between the parties.  It was for the Sub-Committee to decide the permitted hours.

 

Mr Thomas was given the opportunity to respond to the comments of the other parties.  He referred to the plans showing approximately 15 to 18 covers on the top deck and stated that this would be indicative of the numbers that would be located there.  He confirmed that it was the intention that the site would be food led.  In terms of deliveries, the Applicant did wish to have a later terminal hour than 20:00.  It was believed that no condition had been sought regarding deliveries in earlier discussions.  Mr Thomas added that he did not wish to be perceived as disingenuous in relation to the closing hours when an additional 30 minutes drinking up time was sought.

 

Mr Thomas was keen to emphasise that there would not be 60 people in the café area and on the top deck all consuming alcohol.  The intention was to balance out the numbers of people on the two barges.  It was his preference to avoid there being a condition that there was an even number of people on the two boats given the practicalities, including enforcement trying to count them.  Mr Brown commented that there were limits to enforcement but he was keen on their being indicative numbers for the upper and lower decks on the boats.  The Sub-Committee noted that customers would have to be seated when the upper deck was used and were not able to use the tables and chairs after 21:00 Sunday to Wednesday and 22:30 Thursday to Saturday.  Mr Nevitt advised that the top deck could be used for smokers, which was preferable to the towpath being used.  It was for the Applicant to manage that customers did not take alcohol up to the top deck after the tables and chairs had been removed or rendered unusable.

 

It was agreed that the Applicant would submit an amended set of plans to the Licensing Service which would include locations on what was set out on page 26 of the report and identify the top and lower deck and boats 1 (restaurant boat) and 2 (café boat) on what was set out on page 27 of the report. It was noted from the plans at page 27 that the restaurant boat was shown on the right-hand side of the page and the café/exhibition boat was shown on the left-hand side of the page. 

 

The Sub-Committee granted the application, considering that the application was likely to promote the licensing objectives including the measures agreed between the Applicant and the Responsible Authorities and Amenity Societies.  There were two additional amendments to conditions that the Sub-Committee took the view were important in order to promote the licensing objectives.  One was an addition to a condition so that not only would licensable activities be ancillary to the main function of the premises as a Daisy Green café but that they would be food led.  This was agreed by Mr Thomas. The Sub-Committee did not deem it necessary to take a more strict approach requiring the Applicant to ensure alcohol was ancillary to a substantial table meal throughout (and not just on the lower deck of the Restaurant Boat) with the premises being located outside of the cumulative impact areas.  A second amendment was that no consumption of alcohol would be allowed on the upper decks after the tables and chairs were removed or rendered unusable by 21:00 Sunday to Wednesday and 22:30 Thursday to Saturday.

 

The Sub-Committee noted that there had appeared to be a discussion between Mr Thomas and the objectors about the closing time in addition to the amended terminal hour for on and off sales and the Amenity Societies had been of the view that Mr Thomas had agreed their proposed closing time.  The Sub-Committee had read the concerns of Mr Zamit about the lateness of the hour and decided that the same terminal hour for on and off sales and the closing time was appropriate. 

 

The Sub-Committee attached conditions that deliveries would be between 08:00 and 20:00 and refuse collections between 08:00 and 23:00. 

 

2.

Sale by retail of alcohol (On and Off)

 

 

Monday to Thursday:                                         10:00 to 23:30

Friday to Saturday:                                             10:00 to 00:00

Sunday:                                                              12:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

Mr Thomas stated during the hearing that the Applicant had agreed with the objectors that the terminal hour for on and off sales of alcohol had been reduced to 23:00 Monday to Saturday.  The terminal hour for Sunday would remain as 22:30.

 

 

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

 

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

3.

Hours premises are open to the public

 

 

Monday to Thursday:                                         08:00 to 23:30

Friday to Saturday:                                             08:00 to 00:00

Sunday:                                                              08:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

Mr Thomas stated that the Applicant was seeking that the hours the premises are open to the public took into account an additional 30 minutes’ drinking up time after the sale of alcohol ceased.  The proposed closing times were therefore 23:30 Monday to Saturday and 23:00 on Sundays.

 

 

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

 

 

The Sub-Committee granted 08:00 to 23:00 Monday to Saturday and 08:00 to 22:30 on Sundays (see reasons for decision in Section 1).

 

4.

Seasonal variations / non-standard timings

 

 

Late Night Refreshment (Indoors)

 

On Sundays prior to Bank Holidays 23:00 to 23:30

 

Sale by retail of alcohol (On and Off)

 

On Sundays prior to Bank Holidays 12:00 to 00:00

 

Hours premises are open to the public

 

On Sundays prior to Bank Holidays 08:00 to 00:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Granted, 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;

 

(c)        "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

                       

(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 foodand non-intoxicatingbeverages, includingdrinking water, shallbe availablein allparts of thepremises wherealcohol issold orsupplied forconsumption onthe premises.

 

10.       Thelicensable activities authorisedby thislicence andprovided atthe premisesshall beancillary tothe main function ofthe premisesas a Daisy Green café, and be food led.

 

11.       There shallbe noself-service ofalcohol on thepremises.

 

12.       Allsales ofalcohol forconsumption offthe premisesshall bein sealedcontainers only.

 

13.       Thesupply of alcoholat the externalseating area on the upper deck of thepremises shallbe bywaiter orwaitress serviceto aperson seated.

 

14.       Thepremises shallinstall andmaintain a comprehensiveCCTV system asper theminimum requirementsof theWestminster PoliceLicensing Team.All entryand exitpoints willbe coveredenabling frontal identification ofevery personentering inany lightcondition. TheCCTV systemshall continuallyrecord whilstthe premisesis openfor licensableactivities andduring alltimes whencustomers remainon thepremises. Allrecordings shallbe storedfor aminimum periodof 31dayswith dateand timestamping. Viewingof recordingsshall bemade availableimmediately uponthe requestof Policeor authorisedofficer throughoutthe entire31-dayperiod.

 

15.       Astaff memberfrom thepremises who isconversant withthe operationof theCCTV systemshall beon the premisesat alltimes whenthe premisesis open.This staffmember mustbe ableto providea Policeor authorised council officercopies ofrecent CCTVimages ordata withthe absoluteminimum ofdelay when requested.

 

16.       Alltables andchairs on the upper decks shall beremoved orrendered unusableby 21.00hours Sundayto Wednesdayand 22:30hours Thursdayto Saturday and no consumption of alcohol shall be permitted on the upper deck after these hours.

 

17.       Noticesshall beprominently displayedat allexits requestingpatrons torespect theneeds oflocal residentsand businessesand leavethe areaquietly.

 

18.       Thenumber ofpersons permittedin thepremises atany onetime (includingstaff) shallnot exceed 60 persons.

 

19.       Nonoise shallemanate fromthe premisesnor vibrationbe transmittedthrough thestructure ofthe premises which givesrise toa nuisance.

 

20.       Allwaste shallbe properlypresented andplaced out forcollection noearlier than30 minutesbefore the scheduled collectiontimes.

 

21.       Nowaste orrecyclable materials,including bottles,shall bemoved, removedfrom orplaced inoutside areas between 23.00hours and08.00 hourson thefollowing day.

 

22.       Nocollections ofwaste orrecycling materials(including bottles)from thepremises shalltake place between 23.00and 08.00on thefollowing day.

 

23.       Duringthe hoursof operationof thepremises, thelicence holder shallensure sufficientmeasures arein place toremove andprevent litteror wastearising or accumulatingfrom customersin thearea immediately outside thepremises andthat thisarea shallbe sweptand orwashed andlitter and sweepings collectedand storedin accordancewith theapproved refusestorage arrangementsby closeof business.

 

24.       AChallenge 21or Challenge25 proofof agescheme shallbe operatedat thepremises where theonly acceptable forms ofidentification arerecognised photographicidentification cards,such asa driving licence, passportor proofof agecard withthe PASSHologram.

 

25.       Arecord shallbe keptdetailing allrefused salesof alcohol.The recordshould includethe dateand timeof the refusedsale andthe nameof themember ofstaff whorefused thesale. Therecord shallbe available for inspection atthe premisesby thepolice oran authorisedofficer oftlhe City Councilat alltimes whilst the premisesisopen.

 

26.       Anincident logshall bekept atthe premises,and madeavailable onrequest toan authorisedofficer of the CityCouncil orthe Police.It mustbe completedwithin 24hours ofthe incidentand willrecord the following:

 

a.          allcrimes reportedto thevenue

b.          allejections ofpatrons

c.          anycomplaints receivedconcerning crimeand disorder

d.         anyincidents ofdisorder

e.          allseizures ofdrugs oroffensive weapons

f.           any faults in the CCTV system

g.         anyrefusal ofthe saleof alcohol

h.         anyvisit by arelevant authorityor emergencyservice.

 

27.       Nolicensable activitiesshall takeplace atthe premisesuntil thelicensing authorityare satisfiedthat the premisesare constructedor alteredin accordancewith theappropriate provisionsof theDistrict Surveyor'sAssociation- TechnicalStandards forPlaces ofEntertainment andthe reasonable requirements ofWestminster EnvironmentalHealth ConsultationTeam, atwhich timethis conditionshall be removedfrom thelicence bythe licensingauthority.

 

28.       On the lower deck of the restaurant boat marked ‘boat 1’ on the plan, the supply of alcohol shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

29.       Licensable activities shall only take place on the premises whilst is the barges are permanently moored at the location indicated on the licensed plans.

 

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

 

 

Supporting documents: