Agenda item - 57 Broadwick Street, W1

57 Broadwick Street, W1

Meeting of Licensing Sub-Committee (2), Thursday 29th June, 2017 10.00 am (Item 4.)

App

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / West End Cumulative Impact Area

57 Broadwick Street, W1

New

17/05023/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: Licensing Authority and 1 local resident

Present: Mr Alun Thomas (Solicitor, Representing the Applicant), Mr Rob Kirk (Portfolio Executive) and Mr Steve Rowe (Licensing Authority).

Declaration: Councillors Tim Mitchell and Louise Hyams declared that they know Shaftesbury representatives, including directors in their capacity as councillors for St James’s Ward. They had not discussed the application with any staff of Shaftesbury.

57 Broadwick Street, W1 17/05023/LIPN
1.	Late Night Refreshment (Indoors)
	Monday to Saturday: 23:00 to 00:30 Sunday: 23:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee heard from Mr Thomas, representing the Applicant. He confirmed that Shaftesbury was applying as the landlord (it owned 300 restaurants) prior to announcing the tenant who would be operating the premises. The tenant was likely to be known in the next two months. Mr Thomas advised that Shaftesbury had strict lease terms and took a hard line on operators who breached them. Mr Kirk provided the additional information that the premises had previously been Jaeger House. It was now being redeveloped as retail, offices, flats and the ground floor restaurant which was now being applied for. The commercial element of the redevelopment, the retail and restaurant, was due to be completed in the next couple of months. Shaftesbury saw this location as a great link between Carnaby and Soho. There would be 24/7 security based in Kingly Court. There were 50 CCTV cameras which would cover Carnaby and extend to this location as part of the redevelopment. He added that Shaftesbury took a healthy interest in how all of its premises were being operated. The tenants needed to work in harmony with any residents and office occupiers in and around the premises. Mr Thomas expressed the view that the application set the tone for the tenant. Whilst the future tenant operator would be able to apply for a change of layout, they would not be able to make significant changes to the conditions on the licence. He informed the Sub-Committee that he had met with Mrs Liz Callingham who spoke on behalf of local residents, her concerns had been addressed and she had not made a representation. Mr Kirk commented that he had met Dr Gill who is a committee member for the residents association at Stirling Court and he was maintaining his representation. Mr Thomas referred to the fact that the proposed conditions included that the maximum capacity at the premises would be 150 excluding staff (there was no outside seating). Whilst he recognised that the proposed hours went beyond the Council’s Core Hours policy in the West End Cumulative Impact Area, he made the point that there was a lower risk of crime in relation to restaurants. The Applicant had agreed the Council’s full restaurant condition, MC66. He made the case that Shaftesbury’s operation, including safety arrangements, meant that the application did not add to cumulative impact. He also drew Members’ attention to the fact that Environmental Health and the Police had withdrawn their representations. The Sub-Committee heard from Mr Rowe on behalf of the Licensing Authority. He maintained his representation due to up to 150 people dispersing into the West End Cumulative Impact Area beyond Core Hours. Mr Thomas wished to emphasise that the application was not contrary to policy and that the Applicant was not required to provide exceptional circumstances as to why the application should be granted. The Applicant was required to demonstrate why the application for a restaurant would not add to cumulative impact. In response to a question from the Sub-Committee, Mr Rowe confirmed that he would have withdrawn his representation had the application been in keeping with the Council’s Core Hours policy. Mr Kirk advised that there would be no deliveries of food or drink from the premises by external delivery companies. Mr Thomas brought to Members’ attention that the actual address of the premises is 55 and 57 Broadwick Street. The Sub-Committee, in reaching a decision, noted that the Council’s policy is that applications for restaurants in the West End Cumulative Impact Area are to be considered on their merits. Applications for restaurants beyond the Council’s Core Hours policy are not contrary to policy. However, there was a stricter approach in the Council’s policy to restaurants in the cumulative impact areas, including it being for the Sub-Committee to determine whether the applications added to cumulative impact. The Sub-Committee noted that in respect of the 57 Broadwick Street application, no operator had as yet been identified for the premises. It was not possible currently to assess the exact nature of the operation and the Sub-Committee was therefore not able to be satisfied that the application would not add to cumulative impact, especially for hours beyond the core hours. The Sub-Committee granted Core Hours for licensable activities (the commencement hours were the same as applied for in respect of late night refreshment and on sales and the terminal hour for Core Hours is 23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday). The times granted in terms of the commencement hours the premises were open to the public were 08:00 Monday to Saturday and 10:00 on Sunday. The Sub-Committee considered that there was the option for the Applicant to again seek the hours applied for when an operator was identified.
2.	Sale by retail of alcohol (On)
	Monday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 23:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted Core Hours (Monday to Thursday 10:00 to 23:30, Friday and Saturday 10:00 to midnight and Sunday 12:00 to 22:30), subject to conditions as set out below (see reasons for decision in Section 1).
3.	Hours premises are open to the public
	Monday to Saturday: 07:30 to 00:30 Sunday: 07:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted Monday to Thursday 08:00 to 23:30, Friday and Saturday 08:00 to midnight and Sunday 10:00 to 23:30, subject to conditions as set out below.
4.	Seasonal variations / non-standard timings
	Late Night Refreshment (Indoors) These hours to be extended until 00:30 on Sundays preceding Bank Holiday Mondays. Sale by retail of alcohol (On) These hours to be extended until 00:00 on Sundays preceding Bank Holiday Mondays. Hours premises are open to the public These hours to be extended until 00:30 on Sundays preceding Bank Holiday Mondays. Late Night Refreshment (Indoors), Sale by retail of alcohol (On) & Hours premises are open to the public The hours to be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day.
	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;

(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. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry 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.

10. 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.

11. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

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

13. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

14. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (07.00) hours on the following day.

15. 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.

16. 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.

17. A Challenge 21 or Challenge 25 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.

18. 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

c) any complaints received concerning crime and disorder

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.

19. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.

20. The premises shall only operate as a restaurant

i. in which customers are shown to their table,

ii. where the supply of alcohol is by waiter or waitress service only,

iii. 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,

iv. which do not provide any take away service of food or drink for immediate consumption,

v. which do not provide any take away service of food or drink after 23.00, and

vi. where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

21. No licensable activities shall take place at the premises until the works have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.

22. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

23. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 150 persons.

Supporting documents:

57 Broadwick Street W1, item 4. PDF 702 KB