Agenda item
Burger & Lobster, Basement And Ground Floor, 6 Little Portland Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
West End Ward / not in cumulative impact area |
Burger & Lobster, Basement And Ground Floor, 6 Little Portland Street, W1 |
Variation of a Premises Licence |
17/05448/LIPV |
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: 1 local resident and 1 residents’ association.
Present: Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Mr Stuart Matthew (Applicant Company), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Yoram Blumann and Fitzrovia Neighbourhood Association) and Mr Yoram Blumann (local resident)
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Burger & Lobster, Basement And Ground Floor, 6 Little Portland Street, W1 17/05448/LIPV
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Conditions being varied, added or removed |
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Amendments to application advised at hearing: |
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See below.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the application, subject to conditions as set out below.
The original application was to allow the hatched area of the premises to be drink led up to 19.00 hours but for not more than 25 persons at any one time. Members of the Sub-Committee noted that there had been agreement between Mr O’Maoileoin, representing the Applicant and Mr Blumann, local resident. This had followed an e-mail being sent by Mr Brown, who was representing Mr Blumann and the Fitzrovia Neighbourhood Association, earlier in the week and discussions taking place between the parties on the morning of the hearing. As requested by Mr Blumann, Mr O’Maoileoin was offering to reduce the maximum number within the hatched bar area from 25 customers (in the proposed amendment to condition 17) to 20.
Mr Blumann had also had concerns about vertical drinking in the hatched bar area at weekends when the street and surrounding area was less busy than during weekdays. Mr O’Maoileoin offered that there would be no use of the bar on Sundays and that on Saturdays the supply of alcohol to customers would be by waiter or waitress service only to customers who are seated. Mr Brown and Mr Blumann confirmed that this was acceptable to them. The aspect of the Applicant’s proposed amendment to condition 29 would remain that ‘after 19:00 alcohol may only be supplied and consumed in the area hatched black by customers who are waiting to dine or who have dined’.
The Applicant had also agreed with Mr Blumann and Mr Brown that two of the Council’s model conditions would be attached to the premises licence. These were MC13 that ‘loudspeakers shall not be located in the entrance lobby or outside the premises building’ and MC24 that ‘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.
The Sub-Committee considered in granting the application that there had been no representations from the Responsible Authorities. The premises were located outside of the designated cumulative impact areas. There were also now no further objections from local residents. The Applicant had offered amendments to the proposed conditions and also two additional model conditions which promoted the licensing objectives. The intention of the existing condition 29 on the premises licence was to allow customers who were waiting to dine or who had already dined to consume alcohol in the area hatched black even though they would not be taking their table meal within that area. However, due to the drafting of that condition, its effect was to permit customers to have a drink without it being ancillary to food at all. The amendments offered by the Applicant provided some restrictions to the vertical drinking. The amended condition 17 attached by the Sub-Committee to the licence reflected that there would be a maximum of 20 customers in the hatched bar area at any one time. The amended condition 29 attached by the Sub-Committee to the licence reflected that ‘after 19:00 on Monday to Saturday in the area hatched black on the premises plan alcohol may only be supplied to and consumed by customers who are waiting to dine or have dined at the premises, and on Saturday the supply of alcohol to those customers shall be by waiter or waitress service only to customers who are seated’. The hatched area could be used for the consumption of alcohol without a meal before 19.00 apart from on a Sunday. On Saturdays the supply of alcohol to customers throughout the premises would be by waiter or waitress service and only to customers who are seated.
In the final version of the conditions attached to this decision, condition 29 has been moved and appears as a new condition 13. Conditions 11 to 13 now collectively reflect how the premises can be used for the sale of alcohol.
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Conditions attached to the Licence |
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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. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a 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. Viewings of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 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 are open. This staff member shall be able to provide a Police or authorised officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
11. Subject to conditions 12 and 13 below, the supply of alcohol at the premises shall only be by waiter or waitress service to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
12. Condition 11 does not apply to the area hatched black before 19.00 on Monday to Saturday.
13. Notwithstanding condition 11, after 19:00 on Monday to Saturday in the area hatched black on the premises plan alcohol may be supplied to and consumed by customers who are waiting to dine or have dined at the premises, and on Saturday the supply of alcohol to those customers shall be by waiter or waitress service only to customers who are seated.
14. 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 (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 or searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
15. When open to patrons for the purpose of licensable activities, at least one personal licence holder (or a person with a letter of delegation) to be present at the premises.
16. All staff involved in the sale of alcohol shall receive training by the premises licence holder in relation to licensing law and a record shall be kept at the premises.
17. Substantial food and non-intoxicating beverages shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
18. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 110 persons, with no more than 20 persons within the hatched bar area.
19. There shall be no striptease or nudity, and all persons shall be decently attired at all times.
20. No entertainment, performance, service, or exhibition involving nudity or sexual stimulation which would come within the definition of a sex establishment in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986 (whether or not locally adopted), shall be provided.
21. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
23. 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.
24. 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.
25. 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.
26. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
27. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.
28. 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.
29. There shall be no take-away of hot food or hot drinks after 23.00 hours.
30. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
31. 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.
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Supporting documents:
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