Agenda item - Unit 4 - Happy Bar And Grill, Trocadero, 13 Coventry Street, W1

Unit 4 - Happy Bar And Grill, Trocadero, 13 Coventry Street, W1

Meeting of Licensing Sub-Committee (1), Thursday 2nd November, 2017 10.00 am (Item 6.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / West End Cumulative Impact Area

Unit 4 – Happy Bar And Grill, Trocadero, 13 Coventry Street, W1

New Premises Licence

17/08106/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 2nd November 2017

Membership: Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Shamim Talukder

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Daisy Gadd

Relevant Representations: Licensing Authority.

Present: Ms Lana Tricker (Solicitor, Representing the Applicant), Mr Ivan Popov (On behalf of the Applicant - son of owner) and Mr David Sycamore (Licensing Authority)

Unit 4 – Happy Bar And Grill, Trocadero, 13 Coventry Street, W1 17/08106/LIPN
1.	Late Night Refreshment (Indoors)
	Monday to Saturday 23:00 to 01:00. Sunday 23:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee heard from Ms Tricker, representing the Applicant. She informed the Sub-Committee that off-sales of alcohol had been withdrawn from the application. Ms Tricker also referred to the premises operating in keeping with the Council’s model restaurant condition, MC66. The food provided included chicken seafood, pasta and meat. There was a holding bar at the premises. However, alcohol could only be consumed there prior to a meal. There would be no vertical drinking and no regulated entertainment at the premises. Ms Tricker stated that there were few residents in the vicinity of the premises and that no residents had objected to the application. The Applicant as a tenant would be required to minimise any noise due to user clauses in the lease. There would be hotel bedrooms on the upper floor. The Applicant had agreed proposed conditions with Environmental Health and the Metropolitan Police and the two Responsible Authorities had subsequently withdrawn their representations. The remaining representation was from the Licensing Authority. Ms Tricker said that one of the proposed conditions Environmental Health had agreed with the Applicant was a capacity of 430 for the premises. Ms Tricker made the point that the proposed terminal hour of 01:00 Monday to Saturday and midnight on Sunday was sought for the restaurant in the West End Cumulative Impact Area in order to accommodate customers post theatre as well as prior to a performance. She mentioned the Council’s policy on restaurants, including that it was recognised that restaurants have little association with crime and disorder. Also, the Police had not maintained their representation. The Sub-Committee asked for clarification regarding the proposed numbers in the holding bar area. Ms Tricker replied that the requested number was 25 people which she added was less than 5% of the total capacity. It was possible to have a meal at the bar area. The concept was to give diners some flexibility. Ms Tricker commented that customers were likely to leave when the meal was finished. This she believed would mean that there would be a gradual dispersal of customers so that they would not all leave at 01:00. Ms Tricker also expressed the view that the application would not add to cumulative impact. It was the Applicant’s aim to attract people who were already within the Cumulative Impact Area, including post theatre customers. They would be sitting down at Happy Bar And Grill and would be located in a contained environment. The Sub-Committee was addressed by Mr Sycamore on behalf of the Licensing Authority. He stated that the Applicant’s decision to withdraw off-sales had alleviated some of the Licensing Authority’s concerns. However, the proposed hours were outside of the Council’s Core Hours policy and he was very much of the view that the application would add to cumulative impact. The capacity would be 430 people at premises that were not already licensed. There would therefore be a high footfall. Mr Sycamore believed that a particular clientele could well travel to the West End Cumulative Impact Area specifically to visit Happy Bar And Grill. It was not necessarily the case that the premises would only attract customers who were already within the Cumulative Impact Area. Mr Sycamore recommended that the use of the holding bar ceased no later than Core Hours as customers were likely to be seated by this time. Ms Tricker was given an opportunity to respond to Mr Sycamore’s comments. She disagreed with his submission in respect of the premises attracting a specific clientele which would bring people into the West End Cumulative Impact Area. She advised that her client was prepared to close the holding bar at Core Hours in the event the application was granted. Ms Tricker and Mr Popov spoke about how the premises would operate. There was an open market area where there was a display of food. Food would not be sold there. There would be two hosts in the restaurant. It would be known from the booking sheet how many people were in the holding bar area. Customers would either be able to walk in to the premises and be served or book a table. A higher ratio of customers walking in without a booking was likely to take place at lunchtime. Mr Popov informed the Sub-Committee that the average turnaround time for customers at the Applicant’s various premises was 52 minutes. It was not expected that customers would be in the holding bar for more than 10 minutes. The Applicant showed the Sub-Committee during the hearing a number of pictures of what was proposed at Trocadero and also pictures of other premises owned by the Applicant at different locations, including in Bulgaria. The Sub-Committee considered that this was a large new premises in the heart of the West End Cumulative Impact Area. The Applicant had agreed the Council’s MC66 condition with the Responsible Authorities. The Sub-Committee noted that off sales had been withdrawn. The Council’s policy is that applications for hours within Core Hours as set out in the policy will generally be granted, subject to not being contrary to other policies in the Statement of Licensing Policy. The Sub-Committee was satisfied that the Applicant could operate Happy Bar And Grill within Core Hours (a terminal hour of 23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday) without undermining the licensing objectives. This included the 25 people in the holding bar as the Council’s policy accepts that customers should be able to have a drink prior to having a meal. The Applicant was however also required in respect of Policy RNT2 to demonstrate that the application would not add to cumulative impact. The Sub-Committee considered that the combination of a large capacity of 430 at the new premises and a quick turnaround of customers (the Applicant stated that each customer stayed on average 52 minutes at the premises) produced the likely effect, in the event the application was granted in full, of a substantial number of people being in the Cumulative Impact Area and leaving the premises in the early hours of the morning. This would add to cumulative impact. The Sub-Committee therefore granted Core Hours for the closing time and for licensable activities except for on-sales commencing at 10:00 on Sundays (rather than midday). The Applicant would be permitted to open at 08:00 each day as applied for.
2.	Sale by retail of alcohol (On and Off)
	Monday to Saturday 08:00 to 01:00. Sunday 08:00 to 00:00
	Amendments to application advised at hearing:
	Ms Tricker, representing the Applicant, informed the Sub-Committee that off-sales of alcohol had been withdrawn from the application. See reasons for decision in Section 1.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted Core Hours for on-sales except that they would commence at 10:00 on Sundays (rather than midday).
3.	Hours premises are open to the public
	Monday to Saturday 08:00 to 01:00. Sunday 08:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted Core Hours for the closing time. The Applicant would be permitted to open at 08:00 each day as applied for.
4.	Seasonal variations / Non-standard timings
	Late Night Refreshment (Indoors), Sale by retail of alcohol (On and Off) and Hours premises are open to the public End of permitted hours on New Year’s Eve to start of permitted hours on New Year’s Day.
	Amendments to application advised at hearing:
	Ms Tricker, representing the Applicant, informed the Sub-Committee that off-sales of alcohol had been withdrawn from the application.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted this aspect of the application as applied for. Off-sales had been withdrawn.

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 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. Notwithstanding condition 9, alcohol may be supplied and consumed prior to their meal in the bar area (shown hatched on the plan), by up to a maximum at any one time, of 25 persons dining at 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 preceding 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.

13. 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.

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. 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.

15. 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.

16. The reception desk shall be manned at all times the premises is in operation.

17. 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.

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

19. 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.

20. 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.

21. No water or recyclable materials, including bottles, shall be moved, removed from or placed in areas outside the Trocadero between 23.00 hours and 07.00 hours on the following day.

22. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.

23. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 on the following day.

24. 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 sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business. Smoking related litter shall be cleared by the premises regularly during trade and at the end of the day’s trade.

25. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year’s Eve through to the commencement time for those activities on New Year’s Day.

26. The Licence will have no effect until the Licensing Authority are satisfied that the premises are constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition will be removed from the Licence.

27. Prior to the licence taking effect, 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.

28. On New Year’s Eve, A minimum of 2 SIA licensed door supervisors shall be on duty from 2200 hours at the premises, at all times whilst it is open for business

29. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. The maximum capacity that can be determined is 430 persons (excluding staff).

Supporting documents:

Unit 4 Happy Bar and Grill Trocadero 13 Coventry Street W1, item 6. PDF 1 MB