Agenda item
Urban Baristas, Ground Floor, 11 Queensway, London, W2 4QJ
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
Lancaster Gate Ward/ Bayswater Cumulative Impact Area |
Urban Baristas, Ground Floor, 11 Queensway, London, W2 4QJ |
New Premises Licence |
18/07658/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday 30th August 2018
Membership: Councillor Tim Mitchell (Chairman), Councillor Jim Glen and Councillor Jacqui Wilkinson.
Legal Adviser: Barry Panto
Policy Officer: Kerry Simpkin
Committee Officer: Toby Howes
Presenting Officer: Shannon Pring
Relevant Representations: Licensing Authority and 2 residents’ associations.
Present: Peter Mayhew (Agent, representing the Applicant Company), Huw Wardrope (Co-Founder, Applicant Company), Daisy Gadd (Licensing Authority) and John Zamit (Representing Bayswater Residents’ Association and South East Bayswater Residents’ Association).
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Urban Baristas, Ground Floor, 11 Queensway, London, W2 4QJ (“The Premises”) 18/07658/LIPN
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1. |
Sale by retail of alcohol: On sales |
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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):
Shannon Pring (Presenting Officer) confirmed that in addition to the Police’s earlier withdrawal, Enviromental Health had also subsequently withdrawn their representation after both responsible authorities concerned had agreed conditions with the Applicant.
Peter Mayhew (Agent, representing the Applicant Company) began by stating that the premises currently operated as coffee bar/restaurant offering speciality, high end coffees and a small food menu. The Applicant Company’s intention was to extend the food offer and include sale of alcohol, whilst also extending the hours of operation. Mr Mayhew stated that there were no proposals for late night refreshment or regulated entertainment. The application had initially sought an earlier commencement hour for the sale of alcohol at weekends, however this had now been amended so that all hours applied for were within core hours. Mr Mayhew advised that the hours for the sale of alcohol had been revised following discussions with the Police and John Zamit who was representing Bayswater Residents’ Association (BRA) and South East Bayswater Residents’ Association (SEBRA). The Applicant had also agreed 7 conditions with the Police. Mr Mayhew informed Members that Dave Nevitt from Environmental Health had initially raised a few concerns when visiting the premises, however he was now satisfied with the proposals. Positive discussions with Mr Zamit had also taken place and 2 conditions relating to deliveries and collection of waste and recycling had been proposed following these.
Mr Mayhew stated that correspondence with Daisy Gadd (Licensing Authority) had taken place and the Applicant Company had addressed her concerns about the application not being within core hours by amending it accordingly. There had also been discussions with the Licensing Authority concerning their request to include the model restaurant condition 66 on the premises licence. Mr Mayhew stated that the model restaurant condition was not desired by the Applicant Company as it would not allow them to operate the premises’ principal activity as a coffee bar during the daytime. He suggested that proposed model conditions 38 and 39 restricting the consumption of alcohol to be ancillary to a meal and to be supplied by waiter or waitress service only would be sufficient and ensure the premises would not be drinks led and satisfy the City Council’s restaurant policy in its Statement of Licensing Policy.
The Chairman sought clarification in respect of the existence of a red line outside the premises on the plan. In reply, Mr Mayhew confirmed that the application was for on sales of alcohol only. In respect of the outside area, he acknowledged that consumption of alcohol could be achieved through applying for off sales, or to apply for outside area to be licensed as proposed in this application. Mr Mayhew acknowledged that a tables and chairs licence would also be required to permit this, and the application for this was being re-submitted following its earlier withdrawal due to changes required. He added that the outside area was small. Further to a query from the Chairman, Mr Mayhew stated that he did not feel this matter was an issue and policy allowed for such an application.
Ms Gadd then addressed the Sub-Committee and stated that correspondence between the Applicant Company and the Licensing Authority had only commenced last week and more details of the application were now known. Ms Gadd acknowledged that the application was now within core hours. In respect of the Applicant Company’s proposal to include model conditions 38 and 39 rather than the restaurant model condition 66, she advised that the restaurant policy required the applicant to demonstrate that they would not add to cumulative impact in a cumulative impact area (CIA), which this premises was located within.
Mr Zamit, representing BRA and SEBRA, then addressed the Sub-Committee and advised that he was familiar with the premises as he had managed the whole building it was located within some time back. He explained that he had met the Applicant Company and they were a welcome addition to the area. He was satisfied with their application for the sale of alcohol being amended so that it was now within core hours and he was pleased that off sales of alcohol was not proposed. Mr Zamit commented that there was a trend for more coffee shops and restaurants in the area, but he accepted that this application was not proposing a drinks-led establishment. In respect of the red line concerning the outside area, he stated that this needed to be considered in the context of the premises being located within a CIA. Mr Zamit stated that the plans showed that the proposed outside licensed area was part of a public highway and there was not much space to accommodate the 8 stools and 2 tables proposed, although he understood why the Applicant Company would want to have this and customers would also want to be able to smoke outside. Mr Zamit added that he did not intend to oppose the tables and chairs application. However, he emphasised the importance of clearly demarcating the outside licensed area as hatched in the plans and that this area be kept clean and tidy. Mr Zamit welcomed the 2 conditions proposed by the Applicant Company in relation to deliveries and waste and recycling collections.
The Sub-Committee then made some observations and sought further clarification and information on some issues. Members referred to a proposed condition requiring that the outside tables and chairs be rendered unusable after 22:00 and asked how the Applicant Company would comply with this. The Chairman stated that an application for a licence in respect of a small external area of the highway was sometimes granted if grounds for an exception could be met and he reiterated that a tables and chairs licence would also be required. He suggested that marking the outside licensed area as hatched on the plans would be useful and also allow for proper monitoring and enforcement to take place.
Barry Panto (Legal Adviser) commented that policy does not dictate a particular method of application to allow for alcohol consumption in an outside area, however he added that the preference was not to grant a licence which included an area of the highway itself as that might appear to suggest approval by the Highway Authority and it was possible that the Highways Authority might refuse such permission. That is why a tables and chairs licence would still be required in respect of the external area that was situated on the highway. Mr Panto further commented that the proposed model conditions 38 and 39 were designed to ensure that the food offering was prominent and he sought the Applicant Company’s views about amending proposed condition 18 in the report by inserting the word ‘substantial’ before ‘table meal’.
In reply to questions from Members and officers, Mr Mayhew confirmed that the outside tables and chairs would be brought inside after 22:00, unless the premises was particularly busy, in which case they would be secured accordingly. On behalf of the Applicant Company, Mr Mayhew accepted that the outside licensed area be marked hatched on the plans. He stated that consideration had been given to CIA policy during the application and this is why no off sales of alcohol had been proposed, whilst the outside area concerned was very small. On behalf of the Applicant Company, he also agreed to Mr Panto’s suggestion to insert the word ‘substantial’ before ‘table meal’ in proposed condition 18 of the report.
The Sub-Committee granted the application, subject to amendments to some conditions. This included amending proposed condition 18 (model condition 38) in the report to read “The supply of alcohol at the premises (including the external seating area shown as hatched in the attached plans) shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.” This condition was duly amended following Mr Mayhew’s agreement on behalf of the Applicant Company during the course of the hearing and the Sub-Committee considered that this would be sufficient to ensure that the consumption of alcohol was ancillary to food. The Sub-Committee acknowledged that the model restaurant condition 66 would impede the premises’ ability to operate as principally a coffee shop during the daytime and therefore did not add the condition to the licence. The Sub-Committee agreed to the 2 additional conditions proposed by the Applicant Company after publication of the report relating to deliveries and collection of waste and recycling after Mr Zamit had indicated his approval of these. Proposed condition 15 in the report was replaced by model condition 57 and a few other conditions were deleted where they were repeated or considered unnecessary or no longer applicable and the remaining conditions re-numbered accordingly.
In determining the application, the Sub-Committee noted that the hours proposed for the sale of alcohol were within core hours and as the consumption of alcohol was ancillary to food, it considered that the premises was unlikely to add to cumulative impact in the CIA. The Sub-Committee noted that the Police and Environmental Health had withdrawn their representations after agreeing conditions with the Applicant Company and the Licensing Authority and Mr Zamit had indicated their approval of the amendment for the hours of the sale of alcohol to all be within core hours. The Sub-Committee also considered that the conditions to be included on the premises licence would assist the Applicant Company in upholding the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and accordingly the application was granted.
It was decided that the application would be granted so as to include the external highway area as sales could not otherwise be permitted to that area in the absence of an application for off-sales. However, this should not be taken as an indication that such use was approved by the Highway Authority itself and was without prejudice to any requirement to obtain either planning permission for that area and/or a street trading licence.
The Sub-Committee also informed the Applicant Company that it expected the outside licensed area to be kept clean and tidy.
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2. |
Hours premises are open to the public |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report):
Granted, subject to conditions as set out below (see reasons for decision in Section 1). |
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Conditions attached to the Licence |
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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.
Additional Conditions
9. Appropriate induction training will be undertaken with all relevant staff to cover appropriate subjects for their role including:
a. The responsible sale of alcohol. b. The prevention of under-age sales of alcohol, the Challenge 25 policy and in checking & authenticating accepted forms of identification. c. The responsibility to refuse the sale of alcohol to any person who is drunk.
10. 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.
11. 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.
12. 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.
13 A Zero Tolerance Policy towards the use, possession and supply of illegal drugs will be adopted and enforced.
14. 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.
15. No self-service of alcohol will be permitted at the premises.
16. No externally promoted events will be permitted at the premises; ‘externally promoted events’ are those which are promoted, managed and delivered by external promoters not affiliated to the Premises Licence holder.
17. The supply of alcohol at the premises (including the external seating area shown as hatched on the attached plans) shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.
18. The supply of alcohol shall be by waiter or waitress service only.
19. Outer front doors will be kept closed (except for egress and exit) after 22.00 to prevent noise escaping from the premises.
20. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
21. All tables and chairs located in the external areas of the premises will be rendered unusable after 22.00 on each day.
22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
23. 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.
24. 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.
25. No deliveries to the premises shall take place between 20:00 and 07:00 on the following day, save for the deliveries of bread, pastries and milk.
26. No collections of waste or recycling material (including bottles) from the premises shall take place between 23:00 and 08:00 on the following day.
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Supporting documents:
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