Agenda item
Avery House, 1-3 Avery Row, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
West End Ward / not in cumulative impact area |
Avery House, 1-3 Avery Row, W1 |
Variation of a Premises Licence |
18/02645/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 26th April 2018
Membership: Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and Councillor Aziz Toki
Legal Adviser: Heidi Titcombe
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officers:Shannon Pring
Steve Rowe
Relevant Representations: Environmental Health and Six Local Residents
Present: Mr Alun Thomas (Solicitor, representing the Applicant), Mr Alanopolis (Applicant), Mr Dave Nevitt (Environmental Health), PC Toby Janes (Metropolitan Police), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Paul Robinson and Mr Robert Gray), Mr Paul Robinson, Mr Robert Gray and Mr Jean-Louis Bravard (representing the local resident Mrs Rachel Bravard)
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Avery House, 1-3 Avery Row, London, W1K 4AJ (“The Premises”) 18/02645/LIPV
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1. |
Playing of Recorded Music
Licensable Area
Seasonal Variations/Non-Standard Timings:
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Amendments to application advised at hearing:
The applicant advised that no music would played on the external terrace area.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Lemonthree Ltd for a variation of a premises licence in respect of Avery House, 1-3 Avery Row, London, W1K 4AJ.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Mr Thomas, representing the applicant, confirmed that the Premises had been granted its existing licence in 2017. The permitted licensable activities were restricted to core hours with the opening hour thirty minutes beyond this. Discussions had been held with the local resident, Mr Robinson, and the Sub-Committee was advised that the resident was of the opinion that the variation application was being submitted too early as there was only a limited operational history of the Premises. Mr Thomas explained that the reason why it was being applied for was because a nearby development was due to commence works shortly and it was expected that the noisy works to be undertaken would have a significant impact on the Premises trade. It was recognised that this was not a reason to grant the application but was an explanation why the applicant wished to seek ways of increasing the income of the Premises at an early stage of its operation.
Mr Alanopolis, the applicant, explained that the food concept was Mediterranean with an Asian influence. It was a fine dining restaurant where the expected spend per person was approximately £100. The Premises functioned as a restaurant and was not a nightclub.
Mr Thomas highlighted that this was not a casual dining restaurant and customers would be expected to stay for between two to three hours. Several amendments were offered if the Sub-Committee was minded to grant the application. These included limiting the sale of alcohol to core hours after which the full model restaurant condition would apply. In addition, the provision of off sales of alcohol would be withdrawn if the external terrace area was included within the licenced area.
In response to a question from the Sub-Committee Mr Thomas clarified that if the external terrace was included in the licenced area it would become part of the restaurant and be restricted by the same conditions as those placed on the first floor. The sale of alcohol would only be permitted in this area up to 23:00 hours after which it would be used by customers wishing to smoke. It had a capacity of twelve and the terrace was actually shielded from Avery Row by the Premises building itself. This meant there were no residents overlooking the terrace and it would result in customers not having to smoke on the public highway. There would also be an SIA door supervisor on duty to assist with the dispersal of customers.
The Sub-Committee requested further clarification on which floors of the Premises would operate as a restaurant. Mr Thomas explained that the second floor would not, however the ground and first floors would operate as a restaurant at all times. The second floor had a holding bar but if the application for the extension in hours was granted this would operate under the full restaurant condition after 23:00 hours.
Mr Thomas detailed the change in hours sought for the sale of alcohol, which was to extend the terminal hour to 01:00 hours from Thursday to Saturday. The Sub-Committee noted that if the application was granted the applicant would withdraw the provision of regulated entertainment from the licence and would be content for a noise limiter condition to be added. The Premises building was also equipped with double-glazing to prevent any noise outbreaks and there would be no music played on the terrace area.
In response to questions from the Sub-Committee Mr Thomas confirmed that there was a capacity of sixty customers on each floor totalling a maximum capacity of one-hundred and eighty. No licensable activities would take place on the basement floor.
Mr Nevitt, representing Environmental Health (EH), confirmed that the overall capacity of the Premises was one-hundred and eighty. Concerning the external terrace there were no residents overlooking the area and EH was content with the restrictions and amendments offered by the applicant. The hours sought were also considered not excessive, especially as the Premises was not located in a Cumulative Impact Area (CIA). However, EH’s representation was maintained on the grounds that there was only a limited operational history of the Premises and a number of residents were concerned with the application. The amendments offered by the applicant were helpful and satisfied most of the concerns raised by EH, particularly with regard to regulated entertainment.
PC Janes, representing the Metropolitan Police, was satisfied that the amendments offered addressed the concerns raised in terms of crime and disorder. The police’s representation was maintained however as there was a lack of operational history of the Premises and therefore its future impact was currently unknown.
Mr Brown from the Westminster Citizens Advice Bureau, representing two local residents, explained that constructive discussions had been held with the applicant. The hours requested were still opposed however as residents felt that the opening hours currently permitted which consisted of core hours plus thirty minutes were already generous. Residents were of the opinion that permitting the extension in hours would change the character of Avery Row, which was pedestrianised and currently very quiet. Other licenced premises located in close proximity had hours that were consistent with what was already granted for this Premises. In terms of the terrace, allowing smokers to use it instead of using the public highway was welcomed as long as the area did not permit the consumption of alcohol on it after 23:00 hours. A key aspect of the application centred on the matter of dispersal. The hours sought would result in significant numbers of people leaving the Premises at 01:00 hours at the weekends. When the original application was submitted residents were broadly content with the hours permitted. The restaurant had not started operating yet though and so it had no current footprint. The application before the Sub-Committee to extend the hours was therefore considered very premature and inappropriate in the current circumstances.
Mr Robinson, a local resident, explained that he had lived in Avery Row for ten years. He had not objected to the original application and had welcomed a restaurant in to the area. The variation before the Sub-Committee was seeking to extend its current hours, which were already very generous, until the early hours of the morning. Avery Row was a pedestrianised area and a significant number of people dispersing from the Premises at 01:00 hours would have a detrimental impact on the area. The sound proofing measures undertaken by the applicant were welcomed however the hours sought were of concern.
Mr Gray, a local resident, expressed concern over the extended hours sought. Avery Row was very quiet after 23:00 hours and any noise generated did reverberate in the area. The potential dispersal of customers at 01:00 would create disturbance to residents. The improvement of the area was welcomed but the hours requested were deemed excessive for the location.
Mr Bravard, representing the local resident Mrs Bravard, expressed concern over the use of the external terrace area and the potential for noise disturbance. Deliveries and waste collections early in the morning could be disturbing.
Mr Thomas confirmed that the servicing of the premises had already been addressed with the original application where the relevant model conditions had been applied to the licence. In terms of dispersal, it was planned to mitigate this by requiring smokers to use the terrace instead of the public highway. In addition, when customers left the Premises at least one SIA door supervisor would be on duty to direct customers away from residential properties and toward Grosvenor Street. To provide further reassurance talks could be held with taxi firms to ensure that they dropped off and picked up customers at an agreed point away from residential properties. The applicant was also content for a signage condition to be applied to the conditions requesting customers to leave the Premises quietly. The Premises would comply with a very strict management plan. With regards to the Council’s Statement of Licensing Policy (SLP) the Premises was located outside a CIA and therefore policy RNT1 applied. This required the Sub-Committee to deal with the application on its merits and recognised that restaurants had little association with crime and disorder particularly before 01:00 hours.
The Sub-Committee carefully considered the application and all the evidence provided. The Sub-Committee considered it very important that dialogue between all the parties had commenced and that this should continue to ensure residents and the applicant worked together to protect and enhance the area around Avery Row whilst ensuring the success of the restaurant. In making its decision on the variation the Sub-Committee looked very closely at what had already been granted and what was being sought. The extension in hours was considered and the Sub-Committee was of the opinion that extending the opening hours for the sale of alcohol until 01:00 Thursday to Saturday was not appropriate for the local area. It was considered the proposed extension in hours would have a detrimental impact on residents and undermine the licensing objectives. Avery Row was a pedestrianised area and the dispersal of customers at 01:00 hours had the potential to become a source of disturbance. The premises had not yet started operating and as such, there was no footprint of what impact the current hours would have. The application to extend the hours was considered premature and as such, this aspect of the application was refused. In refusing this aspect of the application, the Sub-Committee did not consider it was appropriate and proportionate to impose any further conditions on the licence regarding the use of a noise limiter or the addition of an extra SIA staff.
With regards to the application to the external terrace within the licensed area, the Sub-Committee decided that including the terrace within the licenced area was appropriate and as such, agreed this aspect of the application. The area was not overlooked by any residential properties and its use as a smoking area would prevent customers from using the public highway instead. It was also noted that no music would be played in this area, its capacity would be restricted to twelve people and no drinking would be permitted in the terrace after 23:00 hours all of which was reflected in the conditions now attached to the licence. This alleviated the concerns initially raised and provided the Sub-Committee with reassurance that the terrace would not become a source of nuisance. As the terrace would be included in the licensable area, the Sub-Committee welcomed the applicant’s agreement to remove the provision of off sales from the licence and off sales were therefore removed as part of this Decision. The other minor changes to the Premises layout were also agreed and a further condition would be added to the licence preventing any licensable activities from taking place in the basement area. The Committee considered these permitted changes are appropriate and proportionate to promote the licensing objectives.
The Sub-Committee therefore agreed to partly grant the application, permitting the changes in layout but refusing the proposed extension in the hours requested.
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2. |
Late Night Refreshment
Licensable Area
Seasonal Variations
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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 refused the application; the reason for the decision is detailed in section 1.
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3. |
Sale by Retail of Alcohol – On and Off Sales
Licensable Area
Seasonal Variations
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Amendments to application advised at hearing:
The basement floor would be withdrawn from the licensable area and no alcohol would be permitted on the external terrace after 23:00 hours. The provision of off sales would be also withdrawn if the Sub-Committee was minded to extend the licensed area to include the terrace.
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Decision (including reasons if different from those set out in report):
The Sub-Committee refused the application; the reason for the decision is detailed in section 1.
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4. |
Hours Premises are Open to the Public
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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 refused the application; the reason for the decision is detailed in section 1.
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8. |
Layout Alteration
The Applicant is seeking to vary the premises layout as follows:
a) Minor changes to fixed furniture layout; b) Include the 1st floor area hatched black within the licenced area; c) On the second floor, removal of storeroom and re-location of bar servery; d) Other minor changes as reflected on drawing numbers 500-503; and e) The addition of sofas.
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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
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
Ground and First Floor Only:
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.
All Floors:
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.
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. 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:
· Ground Floor – 60 persons · First Floor (excluding terrace) – 60 persons · First Floor Terrace – 12 persons · Second Floor – 60 persons
There shall be no more than 180 persons on the premises at any one time.
17. No deliveries to the premises shall take place between (22.00) 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 (22.00) 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 (22.00) 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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
22. A Challenge 21 or 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.
23. 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 Licence by the licensing authority.
24. Save for the external terrace(s) shown on the deposited plan, 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.
25. No licensable activities shall be permitted in the basement.
26. 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.
27. No music shall be played on the terrace at any time.
28. No licensable activities shall be
permitted on the first floor terrace from 23:00 until the premises
opens to the public.
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Supporting documents:
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