Agenda item
52 Rupert Street & 2 Tisbury Court, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
West End Ward / West End Cumulative Impact Area |
52 Rupert Street & 2 Tisbury Court, W1 |
New Premises Licence |
18/02747/LIPN |
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: The Licensing Authority, Environmental Health and Two Local Residents.
Present: Mr Charles Denny (Agent, representing the Applicant), Mr Yutong Feng (Applicant), Miss Daisy Gadd (Licensing Authority) and Mr Dave Nevitt (Environmental health)
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52 Rupert Street and 2 Tisbury Court, London, W1D 6DS (“The Premises”) 18/02747/LIPN
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1. |
Late Night Refreshment - Indoors
Thursday to Saturday: 23:00 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 Pocha Ltd for a new premises licence in respect of 52 Rupert Street and 2 Tisbury Court, London, W1D 6DS.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Mr Denny, representing the applicant, described the Premises as providing a modern, new style of dining. It was a very small venue with a maximum capacity for only ten customers. The dining area was located at the rear of the Premises with just one large L-shaped table provided as seating. A member of staff would show customers to their table and alcohol would only be served to those customers seated and dining. The Premises would also operate within core hours.
The Council’s Policy Adviser requested clarification over the hatched area on the plans designating where the licensed area would be located. Mr Denny displayed a revised plan of the Premises, which highlighted that only the rear area would be licensed. Appropriate signage would be displayed informing customers where they would be able to consume alcohol.
The applicant proposed to sell alcohol until 23:30 hours on Monday to Wednesdays. However, the applicant also agreed to a condition that any alcohol served would be ancillary to food. If the applicant wanted to sell alcohol ancillary to hot food after 23:00 hours, the applicant would have needed to apply for permission for the provision of late night refreshment (LNR) on Monday to Wednesday as part of the application. The Council’s Legal Adviser pointed out that as the applicant had not applied for LNR for Monday to Wednesday as part of his application, the Sub-Committee had no ability to add this to the application at this stage. The applicant could apply for LNR as a separate variation application at a later stage. Mr Denny confirmed that the applicant was content for the application to be amended so that the hours sought for the sale of alcohol would be restricted to 23:00 hours on Monday to Wednesdays in order to comply with the ancillary food condition.
Mr Nevitt, representing Environmental Health (EH), expressed concern over two aspects of the application. Firstly, the Premises was located in a Cumulative Impact Area (CIA), which indicated that applications should be refused where the premises would not be operating to comply with the model restaurant condition(MC66) in full. What the applicant was seeking, in this instance, fell short of being able to comply with condition MC66. However, the Applicant was prepared to accept model condition 38, which required the supply of alcohol to be sold to a person seated, taking a table meal and for consumption by such a person as ancillary to their meal. Secondly, further clarity was required on how some of the proposed conditions would operate.
The Sub-Committee was interested to learn if the applicant would accept the conditions proposed by EH. Mr Denny confirmed that the applicant was prepared to accept all the conditions proposed by EH, apart from two. Firstly, Mr Denny submitted that a condition preventing any sales of draught beer or spirits was too restrictive as the applicant wanted to sell Japanese sake and whisky. The Applicant was happy not to sell beer but wanted to be able to sell spirits. Secondly, the condition requiring the Premises plans to be checked by EH before it was allowed to be open to the public was not appropriate as the applicant hoped to have the plans signed off beforehand.
In response to a question from the Sub-Committee Mr Nevitt confirmed that EH was content with the conditions being offered by the applicant as they ensured the premises would operate as a restaurant and in light of the small nature of the premises, the variations to the conditions suggested by Mr Denny would not be a cause for any concern in relation to the promotion of the licensing objectives.
To avoid any confusion over the location of the licensable area the applicant was instructed to submit a new set of Premises plans showing the hatched area, which clearly highlighted where the sale and consumption of alcohol would be permitted.
The Sub-Committee gave
careful regard to the concerns expressed by the Licensing
Authority, Environmental Health and the two local residents. It
recognised that the Premises was located in a Cumulative Impact
Area. However, due to its very low
capacity the Sub-Committee decided the application would not add to
cumulative impact and could be granted as an exception to policy.
It was noted that the applicant could not agree to the full
restaurant condition, so the Sub-Committee attached model condition
38 to the licence, which included various elements of condition
MC66 which was considered appropriate and proportionate to promote
the licensing objectives. This included ensuring the sale of
alcohol was only sold to a person who was seated, taking a
substantial table meal and for consumption by such a person as
ancillary to their meal. This provided reassurance that the
Premises would not become a drink-led venue. In addition, due to
the food-led nature of the Premises the sale of spirits would be
permitted although it was agreed to prevent any sales of draught
beer. The applicant had proposed a number of conditions in the
operating schedule, some of which had been duplicated by the
conditions proposed by EH. The
Sub-Committee therefore decided to delete conditions 10, 11, 13,
15, 21, 24 and 27 as proposed by the applicant and which appear at
pages 43 and 44 of the committee papers. The Sub-Committee decided it was not appropriate
to attach a condition requiring the Premises plans to be checked by
EH before the premises could open as it was considered that the
proposed condition 12 requiring that a suitable fire risk
assessment and emergency plan be carried out, would satisfactorily
to address the concerns raised. The Sub-Committee considered the
conditions proposed by EH, except conditions numbered 16 and 17, in
their representation dated 18 April 2018 were appropriate and
proportionate to promote the licensing objectives and were
therefore attached to the licence.
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2. |
Sale by Retail of Alcohol – On Sales
Monday to Wednesday: 10:00 to 23:00 Thursday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations/Non-Standard Timings:
Sundays immediately prior to Bank Holidays: Midday to Midnight
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Amendments to application advised at hearing:
The applicant confirmed that the hours for the sale of alcohol would be aligned with core hours and therefore Thursday hours would be amended to between 10:00 and 23:30 hours.
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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. |
Hours Premises Are Open to the Public
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:
Sundays immediately prior to Bank Holidays: Midday to Midnight
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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. All staff shall be suitable trained for their job function for the premises. The training shall be written into a programme ongoing and under constant review and shall be made available to a relevant responsible authority when called upon.
10. The premises shall uphold a zero tolerance policy in relation to illegal drugs.
11. All exit routes and public areas shall be kept unobstructed, shall have non-slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.
12. The premises licence holder shall ensure that a suitable fire risk assessment and emergency plan is in place at all times.
13. An adequate and appropriate supply of first aid equipment and materials shall be available on the premises.
14. Arrangements shall be put in place to ensure that waste collections shall not collect refuse between 19:00 and 07:00.
15. Signage requesting customers to be respectful of others when entering or leaving the premises shall be installed in a prominent position by the premises’ exit.
16. Patrons smoking outside the premises shall be monitored regularly to ensure the potential for noise nuisance is controlled.
17. The management shall ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
18. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are the following recognised photographic identification cards: a driving licence, a passport, a military identification card or a Proof of Age card carrying a ‘PASS’ logo.
19. There shall be no children unaccompanied by a responsible adult on the premises after 21:00.
20. All children under the age of 12 years shall be accompanied by an adult whilst on the premises. Conditions proposed by the Local Authority
21. There shall be no self-service of alcohol.
22. In the hatched area as marked on the submitted plan, the supply of alcohol shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.
23. There shall be no sales and consumption of alcohol in the non-hatched area of the premises at any time.
24. There shall be no consumption of hot food or hot drinks in the non-hatched area after 23:00 hours.
25. No draught beer shall be sold at the premises
26. There shall be no take away supply of hot food or hot drink after 23:00 hours
27. 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.
28. 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
29. 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:
30. 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
31. The main entrance door shall be kept closed after 21:00 hours except for the immediate access and egress of persons.
32. Notices shall be prominently displayed at the exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly
33. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times
34. The number of persons permitted in the hatched area as marked on the submitted plan for the supply and consumption of alcohol at any one time (excluding staff) shall not exceed 10 persons
35. 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.
36. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided
37. No licensable activities shall take place at the premises until the premises have 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
38. 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
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Supporting documents:
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