Agenda item

Ground Floor and Basement, 92 York Street, London, W1H 1QY



Ward /

Cumulative Impact Area

Site Name and Address


Licensing Reference Number


Bryanston and Dorset Square Ward / Not in cumulative impact area

Ground Floor and Basement

92 York Street



New Premises Licence





Thursday 12th July 2018


Membership:            Councillor Karen Scarborough (Chairman) and Councillor Louise Hyams.  Councillor Aziz Toki stood down for this item as he was unwell). 


Legal Adviser:           Barry Panto

Committee Officer:   Kisi Smith-Charlemagne

Presenting Officer:   Shannon Pring


Relevant Representations:     One local resident


Present: Mr Igor Stopnikov (Director) Greg Lawniczak (General Store Manager)


Ground Floor and Basement 92 York Street, London, W1H 1QY (“The Premises”) 18/04281/LIPN (Bryanston and Dorset Square Ward/ not in Cumulative Impact Area)



Sale by retail of Alcohol (Off sales)


Monday to Saturday: 09:00 to 21:00

Sunday: 10:00 to 21:00


Seasonal variations / Non-Standard Timings:





Amendments to application advised at hearing:





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


The Sub-Committee considered an application by Attilus Services Limited for a new premises licence in respect of Ground Floor and Basement 92 York Street, London, W1H 1QY (“The Premises”).  The Licensing Officer provided an outline of the application to the Sub-Committee, confirming that Environmental Health had not made a representation due to the applicant accepting all of their proposed conditions.  The Licensing officer also explained that the local resident objector was not in attendance.


Mr Igor Stopnikov advised that the Sub-Committee had before it an application for a new premises licence for a premises that it took ownership of in June 2017. The premises has been refurbished and will operate as a shop with eating area on ground floor and a small office in the basement.  It is intended that the shop will sell Caviar and other food items. Mr Stopnikov informed the Sub-Committee the he wished to supplement food sales with the sale of alcohol off the premises, of champagne, premium bottled beer, and possibly Russian vodka. 


Mr Stopnikov advised that the ground floor has an area of 350 square feet and the basement is exactly the same size. Mr Stopnikov sought sale by retail of alcohol Monday to Saturday 09:00-21:00 and Sunday 10:00-21:00. The nature of the premises is fish farming and fish distribution, specialising in caviar, farmed in European and distributed in Europe and the UK. He explained that the company traded online and this premises was the first shop in London.  Mr Greg Lawniczak explained that there would be 3 small tables and 9-10 chairs situated within the ground floor retail area but there would be no sale of alcohol for consumption on the premises.


The Sub-Committee clarified that all the Environmental Health conditions regarding off sales after 10:00 had been agreed.  Mr Stopnikov confirmed that this was correct and advised that they will also be selling non-alcoholic drinks such as coffee and water.  Mr Stopnikov advised that he was considering the possibility of selling specialty wines in the future.


The Sub-Committee noted that proposed operating hours for these premises was well within core hours and that conditions had been agreed with environmental health which had satisfied their concerns. However, the Sub-Committee also had regard to the resident’s concerns relating to the prevention of public nuisance, advising the Sub-Committee that there are already several establishments with an alcohol license in the immediate vicinity, some of which already cause noise and disruption. 


The Licensing Sub-Committee was of the view that the conditions proposed by both the applicant and Environmental Health were appropriate and proportionate in the circumstances and that the application would promote the licensing objectives. It did not think that these premises were likely to contribute further to any nuisance that the local resident was allegedly experiencing from other establishments in the area and did not think that the hours proposed were outside the sociable hours for this type of premises. The Sub-Committee therefore granted the application accordingly.



Hours Premises are open to the public


Monday to Sunday: 09:00 to 21:00


Seasonal variations / Non-Standard Timings:





Amendments to application advised at hearing:





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


The Sub-Committee granted the application (for reasons see section 1).





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 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.


5(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.


5(ii)     For the purposes of the condition set out in paragraph 5(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.


5(iii).   Where the permitted price given by Paragraph 5(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.


5(iv).     (1)    Sub-paragraph 5(iv)(2) below applies where the permitted price given by Paragraph 5(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 Consistent with the Operating Schedule



6.         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.


7.         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.


8.         All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.


9.         No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.


10.      No more than 10% or 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.


11.      There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.


12.      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.


13.      A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record 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 is open.


14.      No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.





Supporting documents: