Agenda item - CHICK'N, 134 Baker Street, W1

CHICK'N, 134 Baker Street, W1

Meeting of Licensing Sub-Committee (3), Thursday 10th August, 2017 10.00 am (Item 5.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Marylebone High Street Ward /

not in cumulative impact area

CHICK'N, 134 Baker Street, W1

New Premises Licence

17/06233/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

Membership: Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Heidi Lawrance

Relevant Persons Objecting: Environmental Health, Metropolitan Police and 1 local resident.

Present: Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Paul Lester (Applicant Company). Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police)

CHICK’N, 134 Baker Street, W1 17/06233/LIPN
1.	Late Night Refreshment (Indoors and Outdoors)
	Monday to Sunday 23:00 to 23:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Mr Lester, in response to a question from the Sub-Committee, clarified that it was now intended to open the premises at 07:00 rather than 06:00 in order to serve breakfasts. Mr Spiegler, representing the Applicant, advised that all of the conditions proposed by Environmental Health had been agreed by his client. The Applicant had also put forward the condition that alcohol would be ancillary to a table meal. He was requesting that aspects of the Council’s model restaurant condition, MC66, were not applied to the premises licence because they were not in keeping with the style of premises envisaged and it would have a serious impact on the business operation. It was not intended, for instance, that there would be waiter or waitress service. Mr Spiegler placed emphasis on the establishment not being located in one of the Council’s designated cumulative impact areas. Mr Spiegler also requested that the Police’s proposed condition that there would be no further entry to customers after 23:30 and all customers would be off the premises by midnight was not attached to the premises licence. It was his understanding that the Police was content with the conditions proposed by Environmental Health but had also requested this additional condition. Mr Spiegler stated that the hours applied for were broadly consistent with the Council’s Core Hours policy although there was an additional hour applied for on Sundays beyond Core Hours. He referred to there being no objections specifically on the hours applied for, including on Sundays. He also sought to address the matters raised by the local resident, Mr Spruzen, in his objection to the application. The Applicant had proposed Model Condition 42 which put an onus on the operator 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’. Mr Lester had also written to Mr Spruzen about the state of the art extract system being used which would prevent food odours emanating from the premises. The Applicant had offered Model Condition 87 that ‘no fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated’. Mrs Fabbricatore confirmed that all of Environmental Health’s proposed conditions had been agreed by the Applicant. She had maintained her representation in order to assist the Sub-Committee and the local resident in the event he had been in attendance at the hearing. PC Lewis stated that the Police had requested the condition that there would be no further entry to customers after 23:30 and all customers would be off the premises by midnight because of the added risk that intoxicated football supporters might attempt to enter the premises later in the evening. He did not have any specific concerns about the operation of the premises. In response to a question from Mr Wroe, Mr Spiegler agreed that there should be a condition that any alcohol sold in the external area where there were tables and chairs would be ancillary to a table meal in the event that the Sub-Committee was minded to grant the application. The Sub-Committee decided to grant the application, subject to conditions as set out below. Members noted that the establishment is located outside of the Council’s designated cumulative impact areas. Alcohol would be ancillary to food and the Sub-Committee decided that it was appropriate and would not cause the Applicant any difficulties in terms of the style of the operation if the alcohol was ancillary to a substantial table meal. The Sub-Committee took the view that the Applicant would be able to operate the premises for the hours applied for and promote the licensing objectives. The Applicant had agreed conditions which promoted the licensing objectives, including those proposed by Environmental Health. Members had given some thought to whether to keep Sunday operations within Core Hours but had decided against this, particularly as there had been no representations objecting to this aspect. Members decided against attaching the Police condition as the operator would not be providing any licensable activities after 23:30 and were required to ensure that all customers would be off the premises by midnight. In the event of any problems the Police and the Applicant would be able to discuss alternative arrangements. The Applicant accepted that the external area was not to be conditioned as being part of the premises. It was agreed that the Applicant would submit new plans reflecting that the external area would be excluded from being part of the premises. All sales of alcohol to the outside area would be off-sales and subject to a condition that the consumption of the alcohol is ancillary to the taking of a substantial table meal. A capacity was put on the ground floor of 24 persons (excluding staff). The original condition proposed had included the external area.
2.	Sale by retail of alcohol (On and Off)
	Monday to Sunday 10:00 to 23:30
	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 (see reasons for decision in Section 1).
3.	Hours premises are open to the public
	Monday to Sunday 06:00 to 00:00
	Amendments to application advised at hearing:
	Mr Lester clarified to the Sub-Committee that it was now intended to open the premises to the public at 07:00 rather than 06:00 in order to serve breakfasts.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted the application including the amended commencement hour, 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 supply of alcohol at the premises shall only be to a person taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

10. 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.

11. The sale and supply of alcohol for consumption off the premises shall be restricted to (i) sales of alcohol in a sealed container ancillary to a takeaway meal or (ii) sales of alcohol for consumption by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal.

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 and 08:00 hours on the following day.

15. 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 sweeping collected and stored in accordance with the approved refuse storage arrangements by close of business.

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. 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.

18. 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.

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, which 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. Before the premises opens to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the LFEPA, Environmental Health Consultation Team, the Police and the Licensing Authority.

21. The Licence will have no effect until the works shown on the plans appended to the application (or subsequently substituted plans) have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

22. There shall be no self-service of alcohol.

23. The number of persons consuming alcohol on the ground floor (excluding staff) shall not exceed 24 persons.

24. All outside tables and chairs shall be rendered unusable by 23.00 each day.

25. 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.

26. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

27. A 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.

Supporting documents:

Chick'n 134 Baker Street W1 Redacted, item 5. PDF 3 MB