Agenda item - 55 Frith Street, W1

55 Frith Street, W1

Meeting of Licensing Sub-Committee (2), Thursday 12th October, 2017 10.00 am (Item 7.)

App

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / West End Cumulative Impact Area

55 Frith Street, W1

New Premises Licence

17/07932/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 12^th October 2017

Membership: Councillor Tim Mitchell (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Tristan Fieldsend

Presenting Officer: Heidi Lawrence

Relevant Representations: Environmental Health, The Licensing Authority and The Soho Society.

Present: Mr James Burbridge and Mr Mouaiad Chbith (Applicants), Mr Anil Drayan (Environmental Health) and Mr David Sycamore (The Licensing Authority).

55 Frith Street, London, W1D 4SJ

17/07932/LIPN

Sales by Retail of Alcohol – On Sales

Monday to Saturday: 10:00 to 23:00

Sunday: 10:00 to 22:00

Amendments to application advised at hearing:

Following the Licensing Authority’s suggestion, the applicant agreed to amend sales of alcohol on Sundays from 12:00 to 22:00 hours.

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application by Street Food London Ltd for a new premises licence in respect of 55 Frith Street, London, W1D 4SJ.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the applicant had reduced the initial hours requested for the sale of alcohol. Following the reduction in hours and the agreement of conditions the Police had withdrawn their representation.

The applicant, Mr Burbridge, informed the Sub-Committee that a short lease had been taken out on the premises which would expire in July 2018. The restaurant had been set up to create a casual dining restaurant which would test concepts for healthy eating. The restaurant had been operating for three months and it was now hoped to supplement the food offer by allowing customers to consume a glass of wine with their meal. Conditions had been agreed with the Police and several of these had already been implemented.

Mr Drayan, representing Environmental Health (EH), explained that there had been initial concerns over the application. However, since the applicants had agreed to operate within core hours and removed the provision of recorded music from the licence EH were now generally satisfied with the application. It was suggested further conditions could be added to the licence to ensure the application promoted the licensing objectives and these had been circulated to the Sub-Committee. Mr Drayan was of the opinion however that the premises was operating contrary to its planning permission. The premises currently had A1 use but if the proposed conditions were accepted this would constitute A3 use therefore putting it into conflict with planning enforcement and policy. It had been noted that the entire building which the premises was located within did have planning permission to include a restaurant. The applicants had been advised that this matter needed clarifying with the owners of the building when any extension to the lease was considered. The applicants had also been informed that they could apply for temporary permission to use the premises under A3 use if the premises was within a certain size.

Mr Drayan informed the Sub-Committee that there was also the potential for odour nuisance. Under its previous operation the premises had an extract above the door level but immediately below residential windows which had the potential to cause nuisance. The operation however was simply to reheat food brought to the premises from a different location therefore no additional conditions to those already proposed were suggested. The Sub-Committee noted that the toilet provision was considered acceptable.

Another concern raised by Mr Drayan was that the Council’s model restaurant condition had been agreed between the Police and the applicant. This could cause operational issues though as this would prevent the applicant from selling food for takeaway. Currently food was sold to customers allowing them to take it away and consume it in their offices. The condition may therefore require amending which EH would be satisfied with. Mr Burbridge clarified that boxed salads or wrapped sandwiches were served to local office workers who could then take them away to consume at their desks.

In summary, Mr Drayan stated that if the applicant was willing to accept the conditions proposed then EH would find the application acceptable.

Mr Sycamore, representing the Licensing Authority, confirmed that two areas of concern remained. Firstly, the premises was located in a Cumulative Impact Area (CIA), and the Sub-Committee had to be satisfied permitting an additional twenty-five people into the CIA would not add to add to cumulative impact. Secondly, it was proposed to allow the sale of alcohol on Sundays from 10:00 hours. This was considered excessive and the Licensing Authority would prefer this to be changed to 12:00 hours. Mr Burbridge confirmed that this could be amended as alcohol was currently only sold from 12:00 hours.

After careful consideration the Sub-Committee agreed to grant the application without any prejudice to the planning permission outlined by EH. The conditions proposed by the Police and EH and agreed by the applicant were considered balanced and proportionate and would ensure the licensing objectives were promoted. With respect to imposing the model restaurant condition on the licence its intent was to prevent people from eating food on the street. This was clearly not the style of operation being proposed by the applicant as food would be served in closed containers and consumed by office workers at their desks. It was therefore considered appropriate to keep the model condition, unamended, on the licence. The nature of the operation, the small size of the premises and the fact sales of alcohol were within core hours would ensure it would not add to cumulative impact in the area. Having heard all the evidence, the Sub-Committee was satisfied that the premises would uphold and promote the licensing objectives and therefore granted the application accordingly.

Hours Premises Are Open to the Public

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 23:59

Sunday: 10:00 to 22:00

Amendments to application advised at hearing:

Following the Licensing Authority’s suggestion, the applicant agreed to amend the hours the premises are open to the public on Sundays from 12:00 to 22:00 hours.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted the application, see reasons for decision in Section 1.

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 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.

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. 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.

11. 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.

12. 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.

13. 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 more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

15. 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.

16. A Challenge 21 or 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. 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

(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.

18. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

19. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

20. All relevant staff will receive refresher training on relevant alcohol laws and the licence holder's policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who is authorised to make a sale of alcohol, including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on reasonable request to a police officer or a relevant officer of a responsible authority.

21. The maximum number of persons permitted on the premises at any one time (excluding staff) shall not exceed 25.

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

23.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.

24. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

25. 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.

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

28. 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.

29. 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.

30. 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.

Supporting documents:

55 Frith Street, item 7. PDF 412 KB