Agenda item
Rose Bakery, 18 - 21 Haymarket, London, SW1Y 4DQ
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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7. |
St James’s Ward / Cumulative Impact Area |
Rose Bakery 18 - 21 Haymarket London SW1Y 4DQ |
New Premises Licence |
18/05160/LIPN |
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: Licensing Authority
Present: Neil McCann (Chell-Joelson Law), Dover Street Market International (Dsmi) Limited (Applicant), Roxsana Haq and Steve Rowe (Licensing Authority)
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Rose Bakery, 18-21 Haymarket, SW1Y 4DQ (“The Premises”) 18/05160/LIPN |
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1. |
Sale by Retail of Alcohol – On Sales
Monday to Saturday: 11:00 to 19:40 Sunday: 12:00 to 19:40
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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 Dover Street Market International (Dsmi) Limited, (“the Applicant”) for a New Premises licence in respect of Rose Bakery,18-21 Haymarket, SW1Y 4DQ.
The Presenting Officer provided an outline of the application to the Sub-Committee. She confirmed that the Metropolitan Police Force and Environmental Health had withdrawn their representation as conditions had been agreed with the Applicant. The Licensing Authority had maintained their representation as the Premises are located in the West End 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 McCann (Applicant’s Representative) stated that this was an application for a new premises licence for the Sale by Retail of Alcohol on the Premises from Monday to Saturday 11:00 to 19:40 and Sunday 12:00 to 19:40.
The Sub-Committee heard that the Premises was an existing upmarket café within a retail unit and that it only traded when the retail unit was open. The Bakery has no direct street access. Rose Bakery was also located in overseas branches of Dover Street Markets. Mr McCann circulated a sample menu and photographs of the cafe to the Sub-Committee and confirmed that conditions had been agreed with both the Police and Environmental Health. The Sub-Committee further heard that the Premises was mainly a retail shop and therefore would not add to the cumulative impact within the cumulative impact area and that alcohol would be sold ancillary to a table meal. In addition, Mr McCann advised that the Applicant was happy to add Model Condition 39 to the licence, which states that ‘the supply of alcohol shall be by waiter or waitress service only’.
Roxsana Haq and Steve Rowe (Licensing Authority) confirmed that the Premises was located in a cumulative impact area and as such Policy PB2 needed to be considered. It was acknowledged that this was mainly a retail shop and that the addition of Model Condition 39 would be a benefit on the licence, however, it was for the Sub-Committee to decide if the application had demonstrated that it could be considered an exception to policy.
The Sub-Committee considered that this was mainly a retail shop and that there was no evidence to demonstrate that the Applicant would not promote the licensing objectives. The Sub-Committee further noted that conditions had been agreed with both the Police and Environmental Health and that there had also been no residential representations. The Sub-Committee after careful consideration of the matter decided to grant the application. The Sub-Committee considered the conditions imposed on the Premises Licence to be appropriate and proportionate and will help promote the licensing objectives.
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3. |
Opening Hours of the premises
Monday to Saturday: 11:00 to 20:00 Sunday: 12:00 to 20:00
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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 application was granted, the reason for the decision is detailed in section 1.
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Conditions attached to the Licence
Mandatory Conditions
1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.
2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.
3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—
(a) a holographic mark, or
(b) an ultraviolet feature.
7. The responsible person must ensure that—
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
8(ii) For the purposes of the condition set out in paragraph 8(i) above -
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) "permitted price" is the price found by applying the formula -
P = D+(DxV)
Where -
(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(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.
9. 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 driving licence, passport or proof of age card with PASS Logo.
10. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23:00 and 08:00 hours on the following day.
11. All waste shall be properly present and placed out for collection no earlier than 30 minutes before the scheduled collection time.
12. 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.
13. The premises shall 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.
14. 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.
15. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where the alcohol is sold or supplied for consumption on the premises.
16. 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 alcohol
h. Any visit by a relevant authority or emergency service
17. There shall be no self-service of spirits on the premises save for spirit mixtures loss than 5.5% ABV.
18. No super strength beers, lagers, cider or spirit mixtures of 5.5% ABV or above shall be sold at the premises, save for premium brands.
19. 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.
20. The sale of alcohol shall be ancillary to the use of the premises as a high-end bakery and café.
21. Alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises.
22. Condition 9 of Annex A provided with the application shall be amended to read ‘There shall be no self-service of alcohol’.
23. The supply of alcohol shall be by waiter and waitress service only.
Supporting documents:
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