Agenda item - Picpoul, Ground Floor and Basement, 12 New Quebec Street, London, W1H 7RF

Picpoul, Ground Floor and Basement, 12 New Quebec Street, London, W1H 7RF

Meeting of Licensing Sub-Committee (4), Thursday 12th July, 2018 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Bryanston and Dorset Square Ward / Not in cumulative impact area

Picpoul

Ground Floor and Basement

12 New Quebec Street

London

W1H 7RF

New Premises Licence

18/05043/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.4

Thursday 12^th 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: Environmental Health and one local resident

Present: Ms Maria Guida (Solicitor, representing the Applicant); Ms Sylvia Kontek (on behalf of the Applicant company) andAnil Drayan (Environmental Health)

Picpoul, Ground Floor and Basement, 12 New Quebec Street, London, W1H 7RF (“The Premises”) 18/05043/LIPN (Bryanston and Dorset Square / not in Cumulative Impact Area)

Regulated Entertainment

Playing of recorded music (indoors)

Monday to Friday: 07:00 to 23:30

Saturday: 08:00 to 00:00

Sunday: 08:00 to 22:30

Seasonal variations / Non-Standard Timings:

None

Amendments to application advised at hearing:

None

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

The Sub-Committee considered an application by Margaux Ltd for a new premises licence in respect ofGround Floor and Basement, 12 New Quebec Street, London, W1H 7RF(“The Premises”). The Licensing Officer provided an outline of the application to the Sub-Committee, confirming that the Environmental Health had maintained it objections. One resident representation had been made, however the resident was not in attendance.

Ms Guida, advised the Sub-Committee that it had before it an application for a new premises licence for a premises proposing to operate as a high-class seafood inspired all day brasserie and oyster bar with 93 covers. The Applicant currently has two successful restaurants in Kensington and Chelsea. The premises had previously operated as a restaurant with a premises licence, the existing premises licence was suspended on 26 August 2015 for non-payment of the annual fee.

Ms Guida discussed the local resident representation, highlighting her concern about the noise from existing restaurants. Ms Guida advised the Sub-Committee that this may emanate from the outside seating areas, but mentioned that a proposed condition for this licence was that the outside table and chairs are rendered unusable after 22:30. It was felt that this might go some way to alleviating some of the resident’s concerns. The Sub-Committee sought clarification on the ownership of the forecourt. It was confirmed by Ms Guida that this was privately owned.

Ms Guida confirmed that the Applicant had accepted the Environmental Health conditions, subject to deliveries being allowed to take place from 06:30 in small vans. Capacity figures of 100 has been agreed with no more than 16 seated in the external area. The Sub-Committee then heard from Mr Anil Drayan from Environmental Health, who had concerns regarding condition 16. Mr Drayan asked that the condition be amended to reflect an x and “to be determined on completion” for the capacity in the basement area. There was a brief discussion on the size of the small delivery vans and the number of daily deliveries.

The Sub-Committee noted that the applicant had agreed to operate as a restaurant in accordance with the Council’s model condition 66 and had agreed most of the conditions proposed by the police and the environmental health service. The hours for the sale of alcohol were well within core hours apart from the commencement hour on Sunday. The Licensing Sub-Committee had regard to the representation from the local resident and noted her concerns relating to noise that she thought would be created, primarily at night, by those departing the restaurant. However, the Sub-Committee was of the view that the application was a proportionate one in the circumstances and was satisfied that the conditions agreed would promote the licensing objectives. The application was accordingly granted.

Late Night Refreshment (Indoors)

Monday to Saturday: 23:00 to 00:00

Seasonal variations / Non-Standard Timings:

The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the application as amended (see reasons for decision in Section 1).

Sale by retail of Alcohol (On and off sales)

Monday to Saturday: 10:00 to 22:30

Sunday: 10:00 to 22:00

Seasonal variations / Non-Standard Timings:

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the application as amended (see reasons for decision in Section 1).

Hours Premises are open to the public

Monday to Friday: 07:00 to 00:00

Saturday: 08:00 to 00:00

Sunday: 08:00 to 22:30

Seasonal variations / Non-Standard Timings:

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the application as amended (see reasons for decision in 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 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;

(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 Consistent with the Operating Schedule

9. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

10. 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.

11. 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.

12. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

13. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

14. The number of persons permitted at the premises at any one time (excluding staff) shall not exceed 100 persons with a local restriction of:

· X in the basement (to be determined on completion when the condition shall be appropriately amended by the Licensing Authority)

· 16 seated in the external area

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

16. All outside tables and chairs shall be rendered unusable by 22.30 each day.

17. 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.

18. 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.

19. 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 22.30 Monday-Saturday and 22.00hrs on Sundays, 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.

20. Notwithstanding condition 19, alcohol may be supplied and consumed prior to their meal in the area on the ground floor shown hatched on the plan, by up to a maximum at any one time, of 16 persons dining at the premises.

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

22. 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.

23. 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

(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.

24. Save for customers who are seated within the outside area, 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.

25. There shall be no self-service of alcohol.

26. 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.

27. 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.

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

29. No collections of waste or recycling materials (including bottles) shall take place between 23:00 hours and 08:00 hours on the following day, unless the collection is permitted in accordance with the times specified on the Council’s website for Commercial Waste collection.

30. No deliveries to the premises shall take place between 23:00 and 06:30 on the following day.

31. All deliveries to the premises that take place between 06:30 and 08:30 shall be in small vehicles not exceeding the size of a transit van.

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

33. 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 Premises Licence by the Licensing Authority. If there are minor changes to the layout during the course of construction new plans shall be submitted when requesting removal of this condition.

Supporting documents:

LSC Report - Picpoul, 12 New Quebec Street, item 3. PDF 508 KB