Agenda item
Host Coffee, 31 Henrietta Street, WC2
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
St James’s Ward / West End Cumulative Impact Area |
Host Coffee, 31 Henrietta Street, WC2 |
New Premises Licence |
17/08902/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 5h October 2017
Membership: Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health, The Licensing Authority, the Metropolitan Police and One Local Resident.
Present: Mr Max Thomas and Mr Marco Johntruck (Applicants), Mr Anil Drayan (Environmental Health), Mr David Sycamore (Licensing Authority), PC Michael Day (Metropolitan Police) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing one local resident).
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Host Coffee, 31 Henrietta Street, London, WC2E 8NA (“The Premises”) 17/08902/LIPN |
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1. |
Sale by Retail of Alcohol – On Sales
Monday to Wednesday: 12:00 to 20:00 Thursday to Saturday: 12:00 to 21:00 Sunday: 12:00 to 19:00
Sale by Retail of Alcohol – Off sales
Monday to Wednesday: 11:00 to 21:00 Thursday to Saturday: 11:00 to 22:00 Sunday: 11:00 to 19:00
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Amendments to application advised at hearing:
During the hearing, Mr Thomas confirmed that all sales of alcohol for consumption on the premises would terminate no later than 20.00 hours, meaning that the sale of alcohol for consumption on the premises would be restricted to 11.00 to 20.00 on Monday to Saturday and 11.00 to 19.00 on Sunday.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Host Coffee London LLP for a new Premises licence in respect of 31 Henrietta Street, London, WC2E 8NA.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the applicant had withdrawn the provision of recorded music from the application as their intention was to only provide background music.
The Sub-Committee asked the applicant if imposing a full restaurant condition on the licence would be accepted. Mr Thomas explained that the premises did not operate as a restaurant. It was new style of retail concept which operated primarily as a coffee shop where customers would also be able to buy a selection of coffee beans. It was planned to now extend this offer to other specialised produce which the customer would be able to consume on the premises and if they liked it they could then purchase it to cook/prepare in their own home. The application had been submitted as it was now intended to allow customers to purchase and consume alcoholic drinks with their food. The restaurant condition did not suit the style of operation they were hoping to run. It would require customers to be seated with waiter/waitress service and alcohol to be ancillary to food. This premises was regarded as a retail premises selling products which would be available for consumption by customers who would then be able to purchase these specialised products. Any customers eating at the premises where already shown to their seats by staff and none of the crockery used was disposable. The intention of the premises was to create a calm and amenable retail environment. There would be one large table situated in the premises providing seating for six people and this could be booked by those customers wanting a more restaurant style experience. It was important for the applicant to have the ability to provide on-sales of alcohol and these would be controlled by the conditions proposed. The premises was very small and taking into account the nature of the operation it was not expected that it would have an impact on the local area. Service was designed to provide customers with almost instantaneous food as there wasn’t a large capacity for cooking food at the premises. The food would be prepared at the bar area and then brought to the customer before being served with a drink if they had ordered one.
The Sub-Committee noted that the premises was located in a Cumulative Impact Area (CIA) and there was a policy presumption against granting a licence for on-sales of alcohol. Mr Thomas confirmed that the premises would not be a drink-led establishment but rather a retail premises with customers being required to purchase food with any alcohol purchased for consumption on site.
Mr Drayan, representing Environmental Health (EH), highlighted that the applicants’ menu stated that wine would be served in 125ml measures. Mr Drayan had explained to the applicant that their proposed style of operation would constitute an on-sale which would be contrary to the council’s Licensing Policy. The applicant was also seeking to allow customers to sample a maximum of three wines each measuring 10ml and this was considered acceptable. Mr Drayan advised that EH had proposed a restaurant condition restricting the sale of alcohol for consumption on the premises to six people. The applicant had been advised that if the premises operated a restaurant condition the premises would no longer be classified as A1 use, it was acknowledged this was more a planning issue but the applicant had to be aware. Therefore, EH had designed their proposed conditions in such a way which would allow the applicant to provide some on-sales as they wanted to provide food with the consumption of alcohol and also would provide tasters to promote the retail side of their business. If the conditions were granted it could then be expected that Planning Enforcement would still regard it as a retail premises. EH advised that their proposed conditions were designed to replace those proposed by the applicant.
Mr Thomas confirmed that most of EH’s proposed conditions were acceptable however there was concern that limiting the number of customers able to consume alcohol on the premises to six would be commercially very limiting. However, the applicant was keen for the premises to be classified for A1 use and therefore they would be willing to compromise and accept the condition.
My Sycamore, representing the Licensing Authority, confirmed that if the applicant accepted the conditions proposed by EH that would address any Licensing Policy concerns. Clarification was requested on what the terminal hour for the sale of alcohol was because if the applicant agreed for it to 20:00 hours this would be recognised as not potentially adding to cumulative impact in the area. In response Mr Thomas agreed that the sale of alcohol would cease at 20:00 hours.
PC Day, representing the Metropolitan Police, confirmed that their representation was maintained as the application was located in a CIA and was contrary to the Council’s Licensing Policy. It was confirmed that the conditions proposed by EH were considered appropriate.
The Council’s Policy Adviser requested clarification on the proposed hours for off sales. Mr Thomas confirmed that this would remain as applied for but in practice the premises would probably close at 20:00 hours.
Mr Brown, from the Westminster Citizens Advice Bureau, advised that the resident he was representing welcomed the addition of a coffee shop into the area. Concern remained however over customers smoking outside the premises. The resident’s flat provided a convenient place for smokers to congregate and it was requested that a condition be added to the licence requiring any customers of the premises wishing to smoke to be directed to exit to the right hand side of the premises. The resident was seeking reassurance from the applicant that this issue would be addressed.
Mr Thomas expressed concern that EH’s conditions required no deliveries to take place at the premises between 23:00 and 08:00 hours as it was felt this could create difficulties when opening at 07:00. Currently deliveries occurred on evenings or early mornings carried out by smaller vehicles which did not produce excessive noise. All delivery drivers were requested to not play music or keep their engines idling when making a delivery and it was felt this was the right balance for the area. Due to these restrictions there had been no complaints raised by residents.
After careful consideration the Sub-Committee agreed to grant the application. It was considered most of the conditions proposed by EH were appropriate and would help ensure the licensing objectives were upheld and promoted. Proposed condition 14 concerning deliveries was removed however as it was decided this limitation would not be required having taken into account the restrictions imposed by the applicants, the hours of operation at the premises and its style of operation. The applicant was already receiving deliveries early in the morning and had put considerable thought into ensuring they should not create any noise disturbance to local residents and therefore the condition would not be placed on the licence. Proposed condition 3 requiring food for takeaway to be not provided for immediate consumption was also removed as it was not considered necessary due to the style of the operation and as it was felt including it could create confusion. Proposed condition 10 was also taken out as it was acknowledged that the premises was a retail establishment and restricting the number of customers allowed to enter a shop was not considered appropriate. The Sub-Committee was of the opinion the necessary level of control required would be better serviced through implementing proposed condition 2. The Sub-Committee was therefore satisfied that the licence was appropriately conditioned. It was also noted that the provision of recorded music had been withdrawn from the application. The Sub-Committee was of the opinion the hours limiting the sale of alcohol for consumption to 20:00 would not add to cumulative impact in the local area and the premises would promote the licensing objectives. The Sub-Committee wished the applicant all the best for the future.
The Sub-Committee recognised that customers smoking outside the premises could be an issue for local residents. Rather than imposing a further condition on the licence it was decided that the formal decision should note that the Sub-Committee expected the applicant to direct smokers to the right when exiting the premises to smoke.
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2. |
Hours Premises Are Open to the Public
Monday to Wednesday: 07:30 to 21:00 Thursday to Friday: 07:30 to 22:00 Saturday: 08.30 to 22.00 Sunday: 10:00 to 19:00
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The application was granted, the reason for the decision is detailed in section 1.
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Conditions attached to the Licence |
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Mandatory Conditions
(2) In this paragraph, an irresponsible promotion means nay 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 in 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.
Conditions consistent with the operating schedule
9. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a delicatessen and shop
10. The sale of alcohol for consumption on the premises shall be limited to a maximum of 6 persons at any one time and:
(i) where such customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only, (iii) where food is provided 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 and, (iv) where alcohol shall not be sold or supplied, for consumption on the premises 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.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
Notwithstanding this condition customers are be permitted to consume a maximum of 3 separate product samples of 10ml each for tasting purposes only.
11. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
12. Off sales of alcohol shall be restricted to wines, sparkling wines and Japanese sake
13. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
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 preceding 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 are 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 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.
17. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
19. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 08:00 hours on the following day or as specified on the Council’s website for Commercial Waste collection times for the street.
20. 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 washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
21. 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.
22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
23. 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.
24. 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.
25. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Premises Licence by the Licensing Authority. If there are minor changes to the layout during the course of construction new plans shall be submitted when requesting removal of this condition.
26. The consumption of alcohol on the premises shall cease at 20:30.
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Supporting documents:
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