Agenda item

PANCS, 32 THE MARKET, COVENT GARDEN, LONDON, WC2E 8RE

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

St James’s Ward /

West End Cumulative Impact Area

Pancs, 32 The Market,

Covent Garden,

London,

WC2E 8RE

New Premises Licence

18/05781/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 19th 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:         Environmental Health and the Licensing Authority.

 

Present: Mr Alun Thomas (Solicitor, representing the Applicant, International Food Technologies Ltd), Ms Antenela Traxela (General Manager on behalf of the Applicant), Mr Anil Drayan (Environmental Health) and Ms Daisy Gadd (Licensing Authority)

 

Pancs, 32 The Market, Covent Garden, London, WC2E 8RE (St James’s Ward/ West End Cumulative Impact Area) (“The Premises”) 18/05781/LIPN

 

1.

Late Night Refreshment (Indoors)

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

Sunday: N/A

 

Seasonal variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holiday’s/public holidays 12:00 to 00:00

 

 

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 International Food Technologies Ltd, for a new premises licence in respect of Pancs, 32 The Market, Covent Garden, London, WC2E 8RE.  The Licensing Officer provided an outline of the application to the Sub-Committee.  Mr Thomas advised the Sub-Committee this was an application for a new premises licence for a restaurant that serves pancakes and crepes with external seating in the lower ground floor area of Covent Garden Market.  Mr Thomas took the Sub-Committee through the pictures of the premises and premises plan and advised that this was a small premises with a capacity of 50. Opposite the Pancs unit was a small public toilet.  The Sub-Committee reviewed the pictures and layout provided. 

 

Mr Thomas advised that the premises is seeking to sell bottled beer and wine only, no spirits and no draft beer; alcohol will be 5% of total sales.  Pancs is an early meal establishment with hot and cold pancakes for eat in or take away.  It’s not the type of place for drinking, however they had received customer requests for a glass of wine.  Mr Thomas explained that the dwell time is very short - about 20-30 minutes.  Mr Thomas advised that there are two concerns, first how his client demonstrates that the premises will not impact of the CIA.  Mr Thomas explained that the hours, modest capacity, type of use, the amount of alcohol likely to be served and location; is highly unlikely to add to CIA.

 

Mr Thomas advised that the second concern related to the toilets, Mr Thomas advised that he could only agree to part of the condition proposed by Environmental Health.  Mr Thomas read out the condition, The sale of alcohol for consumption on the premises shall only be permitted during the hours that Covent Garden public toilets are made available free of charge, Mr Thomas could not agree to the “Free of charge” part of the condition.  Mr Thomas advised that his client was happy to close at 22:00 or when the public toilets close.  Mr Thomas confirmed there is no space on the licensed premises for a public toilet.  The toilet is currently £1 per use and is where the premises is currently directing customers. There have been no complaints.  Mr Thomas explained that the net profit per pancake is 10% and that would not be viable if the restaurant had to potentially pay the £1 charge for each customer.  Mr Thomas agreed that any off sales will be with a takeaway meal.

 

The Sub-Committee then heard from Environmental Health represented by Anil Drayan, who advised that Environmental Health had agreed the amended model condition 66, capacity numbers and off sales ancillary to a takeaway meal with the Applicant. Mr Drayan explained that the restaurant next door did have the toilet condition on its licence. It was agreed that Capco and the restaurant would work out between them as to how the toilet arrangements would be managed.  Mr Drayan felt that when consuming alcohol customers should not have to pay to use the toilet facilities referring to requirement 6465, especially in the CIA.

 

The Licensing Authority represented by Ms Daisy Gadd, maintained its objections advising that this was a new premises application in the CIA.  Ms Gadd explained the WCC policy RNT2 states applicant must demonstrate that they will not add to cumulative impact.  Ms Gadd felt that it would be for the Sub-Committee to decide if this had been demonstrated accordingly.

 

After carefully considering all of the evidence heard and submitted by the Applicant, the Sub-Committee decided to grant the licence.  The Sub-Committee was of the view that the conditions proposed were appropriate and proportionate in the circumstances and would ensure the premises did not add to cumulative impact in the area. The sale of alcohol would be by waiter or waitress service to seated customers and the consumption of the alcohol had to be ancillary to a substantial table meal. Off-sales of alcohol could only be supplied with and ancillary to a take away meal and off-sales of all drink and food would have to cease at 23.00. The Sub-Committee further decided that it would not impose the toilet condition requested by Environmental Health, as it did not feel that was appropriate for this application.

 

 However, it was important that the toilets were actually available to customers at any time when the sale of alcohol was permitted.

 

2.

Sale be retail of Alcohol (On sales and Off sales)

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

Seasonal variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 12:00 to 00:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

3.

Hours premises are open to the public

 

Monday to Thursday: 08:00 to 00:00

Friday to Saturday: 08:00 to 00:30

Sunday: 08:00 to 23:00

 

Seasonal variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 12:00 to 00:30

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted this application (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;

 

(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 consistent with the operating schedule

 

 

9.         The premises (including the external seating area) shall only operate as a restaurant:

(i)   where the supply of alcohol is by waiter or waitress service only.

(ii)  which provide food in the form of a substantial table meal that are prepared on the premises

(iii)  which do not provide any take away service of hot food for immediate consumption save for pancakes and crepes

(iv)  which do not provide any take away service for food or drink after 23:00 and

(v)  where alcohol shall not be sold or supplied for consumption on the premises otherwise than for consumption by persons who are seated in the premises (including the external seating area) and bona fide taking substantial table meals there, and provided always that 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.

 

10.       There shall be no sales of alcohol for consumption off the premises after (23.00).

 

11.       The sale of alcohol for consumption off the premises shall be in sealed containers and only supplied with and ancillary to a take away meal.

 

12.       The sale of alcohol for consumption on the premises shall only be permitted during the hours the Covent Garden Market public toilets are open.

 

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

 

14.       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.

 

15.       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.

 

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 the sale of alcohol

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

 

17.       No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.

 

18.       No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 on the following day.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       The number of persons accommodated at the premises (excluding staff) shall not exceed (50).

 

 

 

Supporting documents: