Agenda item - 9A IRVING STREET, LONDON, WC2H 7AT

9A IRVING STREET, LONDON, WC2H 7AT

Meeting of Licensing Sub-Committee (3), Thursday 19th July, 2018 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward /

West End Cumulative Impact Area

9A Irving Street, London, WC2H 7AT

Variation

18/03647/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 19^th July 2018

Membership: Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Rita Begum

Legal Adviser: Barry Panto

Committee Officer: Kisi Smith-Charlemagne

Presenting Officer: Samantha Eaton

Relevant Representations: Licensing Authority and 2 local residents (one in support and one opposing the application)

Present: Ms Lana Tricker (Solicitor, representing the Applicant, 9A And Ant Limited0, Andy Jones (Director on behalf of the Applicant Company) and Ms Daisy Gadd (Licensing Authority)

9A Irving Street, London, WC2H 7AT (St James’s Ward/ West End Cumulative Impact Area) (“The Premises”) 18/03647/LIPV

Current

Late Night Refreshment:

None

Proposed

Late Night Refreshment (Indoor and Outdoor)

Ground Floor Restaurant, Basement and External seating area

Monday to Thursday: 23:00 to 00:00

Friday to Saturday: 23:00 to 01:00

Sunday: 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 refreshments 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 considered an application by 9A and Ant Limited, for a premises licence variation in respect of 9A Irving Street, London WC2H 7AT. The Licensing Officer provided an outline of the application to the Sub-Committee.

Ms Tricker representing the Applicant, advised the Sub-Committee that this was an application for a premises licences variation. The premises operates as an Italian restaurant. The Applicant sought extended terminal hours for the sale of alcohol for an additional one hour on Monday to Thursday and an additional two hours on Friday to Sunday. In addition, the applicant was seeking Late Night Refreshment for the same extended hours. Ms Tricker explained that the hours requested were within the hours already permitted under the table chairs licence. One resident and the Licensing Authority objected to the variation, raising concerns regarding the outside seating area and hours which were beyond the core hours.

Ms Tricker advised the Sub-Committee that her client is operating the full restaurant model condition 66 and trades on the ground floor, basement and external seating area. Ms Tricker described the layout using the submitted plan of the premises. Ms Tricker explained that menus and photographs for the premises had been submitted and advised that the restaurant has seating throughout with table waitress service. The premises has planning permission until 01:00 for the table and chairs outside and a table and chairs license to 01:00, Monday to Sunday.

Ms Tricker advised that her client was seeking to match the terminal hours with the planning permission. It was advised that the Applicant would not be attracting new people to the area, but capturing the customers already in the area. The premises is currently trading under the table and chairs license for non-licensable activities. The restaurant was described as small with a capacity of 30, open for breakfast, lunch and dinner within the CIA. Ms Tricker discussed the noise in the surrounding area, advising that many of the surrounding premises operated terminal hours until 01:00 and 05:00 and the variation would not add to CIA.

Ms Tricker advised that the Application is supported by a resident that lives directly above the restaurant, she also informed the Sub-Committee that WCC policy advises that restaurants have little association with crime, disorder and nuisance. Ms Tricker advised that the premises had received no complaints, there was no regulated entertainment submitted as part of this application and neither Environmental Health nor the Police had objected to the application. Mr Tricker addressed dispersal, advising that there are numerous taxis from the location.

The Sub-Committee queried how long the restaurant had been operating and Mr Jones confirmed that it had been open since December 2017. The Sub-Committee queried the table and chairs licence and its end date in August 2018. Mr Jones advised the Sub-Committee that he must apply for the table and chairs licence every year and he was currently in the process of applying for a new licence. Mr Jones explained that they trade to 01:00 but do not sell alcohol beyond the hours permitted on the current licence. He had operated a number of TEN’s and was able to sell alcohol on those occasions. Mr Jones advised that there are eight tables and sixteen chairs; and that he runs a very small restaurant, surrounded by many Italian restaurants which have much later licenses. Mr Jones explained that he had not previously applied for a variation to match his table and chairs licence, because his priority had been to get the restaurant up and running first. Now that the restaurant is established, the time was right to seek the extension.

The Sub-Committee then heard from Daisy Gadd representing the Licensing Authority. Ms Gadd advised that the LA would be maintaining their objection based on policy. Ms Gadd explained that the application sought to exceed WCC core hours as defined in the WCC policy. Ms Gadd advised the Sub Committee that one of the main reason for objecting to the application was to allow the applicant to show how the extended house would not impact on the CIA. Ms Gadd advised that through discussions the applicant had shown an awareness to the premises location within the CIA, as per the WCC restaurant policy and have attempted to demonstrate that they will not add to the CIA. Ms Gadd advised that it would be for members to decide if they agreed that the variation application would not add to cumulative impact.

The Sub-Committee carefully considered all the evidence and decided to grant the variation application. The Sub-Committee felt that due to the existing opening hours, size and nature of the premises that the variation of the licence would not add to the CIA and would maintain the licensing objectives. Although the extension of hours sought was until 1 am on Friday and Saturday nights it was recognised that such hours were not exceptional in the immediate area surrounding Leicester Square. The Sub-Committee also agreed to remove the existing condition 23 from the licence as it was not appropriate in the circumstances. Existing condition was also deleted as it referred to consumption off the premises and the licence only permitted on-sales. For the avoidance of doubt, the sales to the external seating area constituted on-sales as the external area had (unusually) been included within the ambit of the licensed premises.

Current

Sale by Retail of Alcohol (On sales)

Ground Floor Restaurant, Basement and External seating area

Monday to Saturday: 12:00 to 23:00

Sunday: 12:00 to 22:00

Proposed

Sale by Retail of Alcohol (On sales, off sales or both): On sales

Ground Floor Restaurant, Basement and External seating area

Monday to Thursday: 12:00 to 00:00

Friday to Saturday: 12:00 to 01:00

Sunday: 12:00 to 00:00

Seasonal variations/Non-Standard Timings:

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

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

Amendments to application advised at hearing:

None.

Current

Hours premises are open to the public

Ground Floor Restaurant, Basement and External seating area

Monday to Saturday: 08:00 to 23:30

Sunday: 08:00 to 23:00

Proposed

Hours premises are open to the public

Ground Floor Restaurant, Basement and External seating area

Monday to Thursday: 08:00 to 00:30

Friday to Saturday: 08:00 to 01:30

Sunday: 08:00 to 00:30

Seasonal variations/Non-Standard Timings:

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

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

Amendments to application advised at hearing:

None.

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;

(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.

Annex 2 – Conditions consistent with the operating Schedule

9. 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 preceding 31 day period.

10. 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.

11. There shall be no self-service of alcohol on the premises.

12. 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 concerning crime and disorder, (d) any incidents of disorder, (e) all 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.

13. The premises (including the external seating area) 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, supplied, or consumed on the premises otherwise than to persons who are seated in the premises (or external seating area) 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.

14. 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.

15. 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.

16. The external door shall be kept closed after 21:00 hours except for the immediate access and egress of persons.

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

18. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 30 persons.

19. 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.

20. 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.

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

22. 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.

23. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.

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

25. 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.

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.

Supporting documents:

3 - 9A Irving Street, item 3. PDF 434 KB