Agenda item
Rambla, 64 Dean 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 / West End Cumulative Impact Area |
Rambla, 64 Dean Street, W1 |
New Premises Licence |
17/08963/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 5th 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 Lawrence
Relevant Representations: The Metropolitan Police and the Licensing Authority.
Present: Mr Alun Thomas (Solicitor, Representing the Applicant), PC Michael Day (The Metropolitan Police) and Mr David Sycamore (The Licensing Authority).
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Rambla, 64 Dean Street, London, W1D 4QQ 17/08963/LIPN
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1. |
Recorded Music - Indoors
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on new year’s Day.
On Sundays immediately prior to Bank Holidays to 00:00.
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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 Sub-Committee considered an application by Sabrosa Creatividad Holdings Limited for a new premises licence in respect of 64 Dean Street, London, W1D 4QQ.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that Environmental Health (EH) had withdrawn their representation following discussions with the applicant.
Mr Thomas, representing the applicant, explained that the restaurant was currently open and operating under Temporary Event Notices (TENs). The restaurant had a sharing concept however all meals could be considered substantial. The applicant operated two other restaurants, both located in Maiden Lane, and these contained ‘drinking up’ hours once alcohol had ceased being served. The application before the Sub-Committee was also requesting that the premises remain open for thirty minutes longer than the terminal hours requested for the sale of alcohol. This was in line with the planning permission granted and would also allow the more gradual dispersal of customers. The capacity of the premises was 40 persons excluding staff.
Mr Thomas acknowledged that the premises was located within a Cumulative Impact Area (CIA) however it should be considered policy compliant. The premises would not add to cumulative impact as the Council’s Licensing Policy recognised that restaurants had less of an impact on levels of crime and disorder and could therefore be treated differently to pubs and bars. In terms of the opening hours the sale of alcohol would be in line with the core hours’ policy and because it was a restaurant allowing it to stay open for just an extra thirty minutes would not add to cumulative impact. The hours had been requested due to the nature of the operation; the positive effect they would have on the dispersal of customers and also to help make it financially viable.
The Licensing Authority represented by Mr David Sycamore maintained its representation based on policy concerns and the Sub-Committee had to decide whether forty extra people in a CIA would add to cumulative impact.
PC Day, representing the Metropolitan Police, informed the Sub-Committee that the conditions proposed by the applicant were considered acceptable. The applicant’s other two premises on Maiden Lane had ‘drinking up’ hours and it was felt this had helped with dispersal in the area. It was therefore confirmed that the Police would have no objections to allowing the premises to remain open for an additional thirty minutes beyond core hours. PC Day suggested that a condition be added to the licence requiring the applicant to become a member of the local Business/Pub Watch. The Council’s Policy Adviser read out the relevant model condition 63 and Mr Thomas confirmed his applicant would be willing to accept the condition minus the requirement to become a member of the local radio scheme.
After careful consideration the Sub-Committee agreed to grant the application. It was noted the opening hours requested were thirty minutes beyond core hours however the premises would operate as a restaurant which the Councils Licensing Policy did consider to have less impact on an area than either pubs or bars. No residential representations had been received and EH had withdrawn their representation following discussions with the applicant. The conditions proposed were considered appropriate and were stringent enough to ensure the premises would not add to cumulative impact. The small size of the restaurant was also noted. Having heard all the evidence, the Sub-Committee was satisfied that the premises would uphold and promote the licensing objectives and granted the application accordingly.
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2. |
Late Night Refreshment - Indoors
Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on new year’s Day.
On Sundays immediately prior to Bank Holidays to 00:00.
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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 Sub-Committee granted the application (see reasons for decision in Section 1).
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3. |
Sales of Retail by Alcohol – On Sales
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on new year’s Day.
On Sundays immediately prior to Bank Holidays to 00:00.
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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 Sub-Committee granted the application (see reasons for decision in Section 1).
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4. |
Hours Premises Are Open to the Public
Monday to Thursday: 10:00 to 00:00 Friday to Saturday: 10:00 to 00:30 Sunday: 12:00 to 23:00
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
On Sundays immediately prior to Bank Holidays to 00:30.
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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 Sub-Committee granted the application (see reasons for decision in Section 1).
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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 subparagraph 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.
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Conditions Consistent with the Operating Schedule
9. 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.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied 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 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 entire 31-day period.
12. 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.
14. 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.
15. 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.
16. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 40 persons.
17. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.
18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
19. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
20. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.
21. 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.
22. 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.
24. As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local Pubwatch or other local crime reduction scheme approved by the police.
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Supporting documents:
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