Agenda item
Unit 1A, 4 Swiss Court, Leicester Square
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
St James’s Ward / West End Cumulative Impact Area |
Unit 1A, 4 Swiss Court, Leicester Square |
New Premises Licence |
18/01575/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 Officer: Shannon Pring
Steve Rowe
Relevant Representations: The Licensing Authority
Present: Ms Heather Oliver (Barrister, representing the Applicant), Mr Nirmal Sethi and Mr Odera (representing the Applicant Company)
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Unit 1A, 4 Swiss Court, Leicester Square (“The Premises”) 18/01575/LIPN
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1. |
Regulated Entertainment - 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:
12:00 to 00:00 on Sundays immediately prior to Bank Holidays.
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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 Devyani International (UK) PVT Ltd for a new premises licence in respect of Unit 1A, 4 Swiss Court, Leicester Square.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Metropolitan Police and Environmental Health (EH) had withdrawn their representations following the agreement of conditions with the Applicant.
As part of the application, the Applicant proposed that alcohol would be served ancillary to customers taking a table meal. However, the Council’s Legal Adviser explained that the Applicant had not applied for the provision of late night refreshment which would allow hot food to be served after 23:00 hours. This meant that the Applicant could not comply with the proposed condition that alcohol would be served ancillary to a table meal. Ms Oliver, representing the Applicant, asked for the Sub-Committee to grant the hours for the sale of alcohol on the basis that the Applicant understood that they would not be able to use the licence until such time as the Applicant applied for a variation requesting permission for late night refreshment to comply with the condition.
Ms Oliver explained that only the first floor would be licensed and any references in the application to a bar were describing a tea bar, as the concept of the Premises centered on the sale of tea. The representation from the Licensing Authority was policy based as the Premises was located within a Cumulative Impact Area (CIA), however the Sub-Committee was advised that the Premises would not impact on the local area. The restaurant would be ancillary to the shop and access to the licensed area would be through the retail area. The Applicant had operated a concession in Harrods’s for fifteen years and it was planned for this Premises to become their flagship store. A similar licensed premises had just opened in Brompton Road, London which operated in the same way with the licensed area functioning as a high-end restaurant with alcohol restricted to a few select wines. No beers would be available and no alcohol would be on display. Sales of alcohol would be ancillary to customers taking a table meal and advertising of the restaurant would be limited.
Ms Oliver confirmed that following constructive discussions with the responsible authorities’ agreement had been reached as to the appropriate type of conditions which should be attached to the licence. Customers would be required to be seated when alcohol was supplied; no vertical drinking would be permitted, and this should provide reassurance that the Premises would not be alcohol-led or create any issues in relation to the CIA. The capacity of the restaurant was very limited, as a maximum of eighty persons would be permitted, all of which had to be seated, and the customers were unlikely to be intoxicated. Security staff would operate in the retail area and would provide appropriate control of the Premises by ensuring only restaurant customers entered the licensed area. It was not envisaged that there would be any issues around the dispersal of customers due to the location and its extensive transport links.
Ms Gadd, representing the Licensing Authority, confirmed that their representation was maintained as the application was for a new premises licence located in a CIA. Encouraging discussions had taken place with the Applicant regarding the policies and procedures to be introduced at the Premises. Ms Gadd was pleased to note that the Applicant had accepted conditions, which would lessen the impact of the Premises on the CIA, however the Sub-Committee had to decide if it was satisfied that an exception to the Council’s Statement of Licensing Policy (SLP) had been established.
The Council’s Policy Adviser explained that with regards to the conditions, proposed by the Applicant and the Responsible Authorities (in agreement with the Applicant) including in relation to the model restaurant condition, there were some duplications which would need amendment. Ms Oliver confirmed that any duplicates could be deleted and was content for model condition 66 (restaurant) to be attached to the licence.
In carefully considering the application, the Sub-Committee noted that the Premises was located within a CIA and it had to assess if the application was likely to add to cumulative impact in the local area. The Sub-Committee recognised that the Premises would operate as a restaurant within core hours and that many significant conditions, had been previously agreed with the Responsible Authorities (before they had withdrawn their representations) and which would be attached to the licence to ensure that it did not become an alcohol-led operation. These conditions included the adoption of the full model restaurant condition ensuring alcohol would be sold ancillary to customers taking a table meal; the supply of alcohol would be by waiter/waitress service and the consumption of alcohol would be to customers seated only. It was also noted that licensable activities would only be permitted on the first floor and as such, this would be conditioned appropriately. These conditions provided the Sub-Committee with reassurance that the Premises could be considered an exception to policy; that it would be appropriately controlled and would therefore not add to cumulative impact in the local area. With the agreement of the Applicant, a number of duplicate conditions were removed from the licence. Several other conditions were also removed, as the Sub-Committee did not consider they were appropriate and proportionate to be added to the licence, by virtue of the style and nature of operation at the Premises.
In reaching its decision, the Sub-Committee gave careful consideration to the concerns expressed by the Licensing Authority but the Sub-Committee was satisfied that, the Premises would not add to cumulative impact and the application could be granted as an exception to the policy. The Sub-Committee also concluded that the conditions attached to the licence were appropriate and proportionate in the circumstances to promote the licensing objectives. The application was therefore granted accordingly.
The Sub-Committee noted that the provision of late night refreshment had not been applied for and therefore the applicant would be unable to sell alcohol to the hours granted. As such, the applicant would have to submit a variation application seeking to permit the provision of late night refreshment in order to do so.
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2. |
Sale by Retail of 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:
12:00 to 00:00 on Sundays immediately prior to Bank Holidays.
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Amendments to application advised at hearing:
The Sub-Committee granted the hours requested for the sale by retail of alcohol but recognised that the applicant would have to submit a variation application requesting the provision of late night refreshment in order to permit the later hours sought, as there is a condition attached to the licence that alcohol has to be served ancillary to a table meal.
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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 Wednesday: 10:00 to 23:30 Thursday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations/Non-Standard Timings:
12:00 to 00:00 on Sundays immediately prior to Bank Holidays.
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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 supervisor will be on the
premises at all times when alcohol is being served. 10. 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. 11. There shall be no self-service of alcohol.
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. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
20. 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 unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
21. 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 unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
22. 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.
23. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
24. 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.
25. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
26. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
27. The number of persons accommodated at the premises at any one time (excluding staff) shall not exceed 80 persons (subject to final inspection on completion).
28. 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. If there are minor changes during the course of construction new plans shall be submitted with the application to remove this condition.
29. Licensable activities shall only be permitted to be provided on the first floor only.
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Supporting documents:
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