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Agenda item

Café Fiori, 42 Cranbourn Street, London, WC2H 7JH

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

St James’s Ward / Cumulative Impact Area

Café Fiori

42 Cranbourn Street

London

WC2H 7JH

Premises Licence

Variation

18/03438/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 5th July 2018

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Samantha Eaton

 

Relevant Representations:         Metropolitan Police, Licensing Authority, Ward Councillor and Heart of London Business.

 

Present: Jonathan Smith (Poppleston Allen), Ariel Levy (Licence Holder), PC Adam Deweltz (Metropolitan Police), Licensing Authority (Steve Rowe), Councillor Louise Hyams (St James’s Ward) and Robin Hibbert (Heart of London Business).

 

Café Fiori, 42 Cranbourn Street, London WC2H 7JH (“The Premises”) 18/03438/LIPV

1.

To remove condition 20 from the licence which prevents any takeaway service being provided to customers between 03:00 and 05:00 daily.  All hours, activities and other conditions to remain as existing.

 

 

Amendments to application advised at hearing:

 

The Applicant made the following amendments to the application at the Licensing Sub-Committee Hearing:

 

To remove condition 20 from the licence which prevents any takeaway service being provided to customers between 03:00 and 05:00 on a Saturday and Sunday and Bank Holiday Mondays.  All hours, activities and other conditions to remain as existing.

 

The Applicant agreed to employ two door supervisors between 03:00 hours and 05:00 hours on a Saturday and Sunday and Bank Holiday Mondays but only when hot food and drink was being sold off the Premises during these times.

 

 

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

 

The Sub-Committee considered an application by Mr Levy Meir (“the Applicant”) for a variation to the Premises licence in respect of 42 Cranbourn Street, London WC2H 7JH.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that representations against this application had been made by the Police and the Licensing Authority and that representations in support for the application had been made by Councillor Hyams (St James’s Ward) and Heart of London Business. The Premises was located in the Council’s West End designated cumulative impact area. 

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.

 

Mr Smith (Applicant’s Representative) advised that this was an application for a variation of a premises licence to remove Condition 20 from the licence which prevents any takeaway service being provided to customers between 03:00 and 05:00 on a Saturday and Sunday and Bank Holiday Mondays.  All hours, activities and other conditions on the licence were to remain the same.

 

Mr Smith advised that this was a family business which had been operating for the past 45 years in Leicester Square.  The Applicant was a member of the Heart of London Business Alliance which promoted a responsible night-time economy and the business actively promoted the Council’s Licensing objectives.

The Sub-Committee heard that there were no residential properties above the Premises and the Premises was located near Leicester Square Tube Station and the night buses.

 

Mr Smith advised that the Applicant had agreed to employ two door supervisors between 03:00 hours and 05:00 hours on a Saturday and Sunday and Bank Holiday Mondays when hot food and drink was being sold off the Premises and that only one door would be used during the extension of hours so that the takeaway service was easier to control.  In addition, he had enhanced the CCTV both inside and outside of the Premises along with introducing regular and extensive litter pick-ups in the vicinity of the Premises. 

 

The Licensing Authority had maintained their representation on policy grounds.  Policy FFP2 states that “the grant of variations or new licences for fast food premises in the Cumulative Impact Areas should be limited to exceptional circumstances” and it is therefore for the Sub-Committee to decide if the application had demonstrated that it could be considered an exception to policy.

 

The Police had maintained their representations on policy grounds but were somewhat reassured with the improved CCTV both inside and outside of the premises and the two door supervisors that would be present during 03:00 hours and 05:00 hours when hot food and drink was sold off the premises as this measure promoted the crime and disorder licensing objective. 

 

Both Councillor Louise Hyams and the Heart of London Business spoke in support of the application and advised that this was a good family-run business, which was a genuine part of the community working to improve industry standards and promote a responsible night-time economy. 

 

The Sub-Committee gave careful consideration to the application and decided to grant the application.  The Sub-Committee considered the application was an exception to policy because of the support from the local ward Councillor and the local BID, there was no history of crime and disorder at the Premises and the conditions offered by the Applicant would mitigate the overall impact in the cumulative impact area. The Applicant was clearly an established business in the local area who knew it well so was therefore well versed with the problems associated with crime and disorder and public nuisance and what effective measures needed to be put in place and taken in terms of its management of the Premises that would ultimately promote the licensing objectives.

The Sub-Committee further considered the conditions imposed on the Premises Licence to be appropriate and proportionate

 

 

Conditions attached to the Licence

 

Mandatory:

 

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 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.

 

Conditions reproducing the effect of conditions subject to which relevant existing licences have effect

 

Conditions relating to Late Night Refreshment

 

9.         This licence is subject to all the former regulations made by Westminster City Council prescribing standard conditions for annual night café licences, effective from 1 October 2001.

 

Conditions for Sale of Alcohol

 

10.       The maximum number of persons, including staff, to be present in the licensed premises shall not exceed the number specified from time to time by the proper officer of the London Fire and Civil Defence Authority. As to the ground floor 100 persons

 

11.       In that part of the premises hatched green on the deposited plan intoxicating liquor shall not be sold or supplied otherwise than to persons taking table meals there & for consumption by any such person as an ancillary to his meal.

 

12.       Suitable beverages, other than intoxicating liquor including drinking water, shall be equally available for consumption with or otherwise as an ancillary to food supplied in the premises.

 

Conditions which reproduce the effect of any restriction imposed on the premises by specified enactments.

 

13.       (i)         Alcohol shall not be sold or supplied except during permitted hours.

 

In this condition, permitted hours means:

 

(a)        On weekdays, other than Christmas Day, Good Friday or New Year's Eve, 10.00 to 23.00.

(b)        On Sundays, other than Christmas Day or New Year's Eve, 12.00 noon to 22.30.

(c)        On Good Friday, 12.00 to 22.30.

(d)        On Christmas Day, 12.00 to 15.00 and 17.00 to 22.30.

(e)        On New Year's Eve, except on a Sunday, 10.00 to 23.00.

(f)         On New Year's Eve on a Sunday, 12.00 to 22.30.

(g)        On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 midnight on 31st December).

 

(ii)        Alcohol may be sold or supplied for one hour following the hours set out above and on Christmas day, between 15:00 and 19:00 to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

 

Monday to Saturday

 

(iii)      (a)         Alcohol may be sold or supplied until 1 a.m. in the morning following weekdays to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by that person in that part of the premises as an ancillary to his meal.

 

(b)        The alcohol must be sold or supplied at a time before (i) the provision of entertainment by persons present and performing or (ii) the provision of substantial refreshment, has ended. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

 

(c)        This condition does not authorise any sale or supply to any person admitted to the premises either after midnight or less than half an hour before the entertainment is due to end, except in accordance with condition number 7.ii above

 

NOTE - The above restrictions do not prohibit:

 

(a)        during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

 

(b)        during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

 

(c)        during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals; 

 

(d)        the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

 

(e)        the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

 

(f)         the sale of alcohol to a trader or registered club for the purposes of the trade or club;

 

(g)        the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

 

(h)        the taking of alcohol from the premises by a person residing there;

 

(i)         the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied;

 

(j)         the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

 

 

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

 

14.       No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

 

(a)        He is the child of the holder of the premises licence.

(b)        He resides in the premises, but is not employed there.

(c)        He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d)        The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

 

Annex 2 – Conditions consistent with the operating Schedule

 

15.       All emergency exits shall remain unlocked whilst the premises are open to the public.

 

16.       Capacity for Late Night Refreshment is 100 persons including staff.

 

17.       All waste to be properly presented and placed out for collection no earlier than 30 minutes before the schedule collection times

 

18.       The highway and public spaces in the vicinity of the premises are kept free of litter from the premises at all material times to the satisfaction of the Council.

 

Annex 3 – Conditions attached after a hearing by the licensing authority

 

19.       Live Music shall be limited to a maximum of two performers.

 

20.       There shall be no sale of hot food or hot drink for consumption off the premises  between 03:00 and 05:00 except on Saturday, Sunday and Bank Holiday Mondays. 

 

21.       After 23:00 hours all windows and doors to be kept closed except for the immediate access and egress of persons.

 

22.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

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

 

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

 

25.       No rubbish including bottles will be moved, removed or placed in outside areas between 2300 hours and 0800 hours.

 

26.       The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

27.       The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer.  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.  Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 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 are open to the public.  This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

 

29.       A direct telephone number for the manager at the premises shall be publicly available at all times when the premises is open.  This telephone number is to be made available to residents in the vicinity.

 

30.       All service of late night refreshment shall be by waiter or waitress service only and to seated customers.

 

31.       A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

 

32.       A log shall be kept detailing all refused sales of alcohol.  The log should include the date and time of the refused sale and the name of the member of staff who refused the sale.  The log shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises are open.

 

33.       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, which will record the following:

 

a.         all crimes reported to the venue

b.         all ejections of patrons

c.         any complaints received

d.         any incidents of disorder

e.         seizures of drugs or offensive weapons

f.          any faults in the CCTV system or searching equipment or scanning equipment

g.         any refusal of the sale of alcohol

h.         any visit by a relevant authority or emergency service.

 

34.       In the restaurant area children under 18 shall be accompanied by a responsible adult after 23:00 hours.

 

35        An enhancement of the existing CCTV system to include an additional camera outside, pointing towards Leicester Square covering the front

 

36        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 premise 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.

 

37        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 date with the absolute minimum of delay when requested.

 

38        Only one of the two entrance doors to the premises to be used between 03:00 and 05:00

 

39        Additional litter pick to take place between 04:30 and 05:00 between Café Firori and the two entrances to Leicester Square Tube on Charing Cross Road.

 

40        A minimum of 2 SIA licensed door supervisors shall be on duty at the premises between the hours of 03:00 and 05:00 whenever hot food and drink is being sold for consumption off the premises.

 

41        All staff engaged outside the entrance to the premises, or supervising or controlling queues shall wear high visibility yellow jackets or vests. 

 

Supporting documents: