Agenda item
Ground and First Floors, 1 Heddon Street, London, W1B 4BD
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
West End Ward/ West End Cumulative Impact Area |
Ground and First Floors, 1 Heddon Street, London, W1B 4BD |
New Premises Licence |
18/07624/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: Michelle Steward
Relevant Representation: Licensing Authority.
Present: Craig Baylis (Solicitor, representing the Applicant Company), Tom Ridge (Applicant Company) and Roxsana Haq (Licensing Authority).
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Ground and First Floors, 1 Heddon Street, London, W1B 4BD (“The Premises”) 18/07624/LIPN
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1. |
Late night refreshment: Indoors |
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Monday to Thursday: 23:00 to 23:30 Friday and Saturday: 23:00 to 00:00
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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):
Prior to proceedings commencing, Craig Baylis (Solicitor, representing the Applicant Company) agreed on behalf of the Applicant Company to the Chairman’s suggestion that the applications for the Ground and First Floors, 1 Heddon Street, London, W1B 4BD and Second Floor, 1 Heddon Street, London, W1B 4BD be considered together as it involved the same Applicant Company on the same site.
Michelle Steward (Presenting Officer) confirmed that Environmental Health had withdrawn their representations for both of the above applications after agreeing conditions with the Applicant Company.
Mr Baylis began by informing the Sub-Committee that The Crown Estate owned all the properties in Heddon Street and its intention was to redevelop the area to be more upmarket and there would be a focus on restaurants as opposed to bars. He advised that 1 Heddon Street was to become a serviced office desk space for 365 office workers and would operate in a similar way to the ‘We Work’ model.
Turning to the first application, Ground and First Floors, 1 Heddon Street, he advised that it was to operate as a café principally for the office workers in 1 Heddon Street, although it would also be accessible to the public. The Applicant Company had held useful discussions with Environmental Health who had withdrawn their representations after agreement had been reached on conditions. Mr Baylis stated that the alcohol offer was limited and ancillary to food. In respect of the Licensing Authority’s request that proposed condition 25 in the report stating that the supply of alcohol shall be by waiter or waitress service only, Mr Baylis contended that this was unnecessary as all alcohol would be served by staff to customers and staff would monitor the premises whilst customers consumed what they had purchased.
Mr Baylis then presented the second application, Second Floor, 1 Heddon Street and stated that the intention was for this to operate as a separate function space that could only be accessed by the office workers of 1 Heddon Street and their bona fide guests and not for public access. He indicated on behalf of the Applicant Company that he would be happy for an appropriately worded condition to be added to restrict this use thus. The booking of the function space would be undertaken via an app that was only accessible to the office workers of 1 Heddon Street. Mr Baylis stated that the function space had a capacity of 60 persons and the application was within core hours.
The Chairman sought clarification as to who would operate the café in the first application. In reply, Mr Baylis confirmed that the café would be run by a third operator who was yet to be confirmed.
Roxsana Haq (Licensing Authority) then addressed the Sub-Committee and in respect of the first application, she commented that following a site visit, she appreciated the reasons why the Applicant Company did not wish proposed condition 25 in the report stating that the supply of alcohol shall be by waiter or waitress service only to be included on the licence. However, she added that consideration needed to be given as to whether the application, which was located in a cumulative impact area (CIA) would add to cumulative impact.
Ms Haq then commented that in respect of the second application, consideration needed to be given as to whether exceptional circumstances had been demonstrated in respect of policy PB2 of the City Council’s Statement of Licensing Policy.
During consideration by the Sub-Committee, Members sought further details in respect of access and egress for the café in the first application and an explanation as to why it would not add to cumulative impact in view of the fact that it was in a CIA and accessible to the public. The Chairman sought assurances that the café would mainly be used by office workers of 1 Heddon Street.
In respect of the second application, Members sought further details on what would constitute ‘substantial food’ in relation to proposed condition 10 in the report stating that substantial food would be available at all times when alcohol was supplied at the premises. The Sub-Committee also sought confirmation that the Applicant Company would be satisfied to have a condition included in the licence that the premises was not be to used by the public.
In reply to questions from Members, Mr Baylis advised that in respect of the first application, proposed condition 15 limited the café’s licensable activities to being ancillary at all times to the premises being managed by The Crown Estate, whilst there was also unlikely to be much public use of the café which would be mainly used by the office workers of 1 Heddon Street and so he felt this would not add to cumulative impact. Mr Baylis referred to the plans for the café and explained that access and egress for the public would be through the same door. Tom Ridge (Applicant Company) added that office workers would access the café in the same way when it was open to the public. Office workers also had 24 hour access through an internal access point to 1 Heddon Street that only they had access to.
With regard to the second application, Mr Baylis acknowledged the difficulty in defining what constituted substantial food, however anyone hiring the function space where alcohol would be available would be advised to provide substantial food. He indicated on behalf of the Applicant Company that they would agree to a condition stating that the function space could only be used by office workers of 1 Heddon Street and their bona fide guests.
The Sub-Committee granted the application for the Ground and First Floors, 1 Heddon Street, subject to amendments to some conditions. This included an amendment to proposed condition 9 in the report by inserting the word “substantial’” before “table meal” and an amendment to proposed condition 15 in the report to be amended to read “The provision of licensable activities shall at all times be ancillary to the principal of use of the premises as office space managed by The Crown Estate.” Proposed condition 16 in the report was amended to read “The number of persons permitted in the premises at any time (excluding catering and bar staff) shall not exceed 60 persons”. The Sub-Committee considered that catering and bar staff needed to be specified as the café would also be used by office staff from 1 Heddon Street. The Sub-Committee agreed that a condition stating that the supply of alcohol by waiter/waitress service only was not necessary and would not be included in the licence as alcohol would be served by staff and the premises operated principally as a café. Some other conditions were deleted due to repetition or because they were not applicable and the remaining conditions were re-numbered accordingly.
In determining the application, the Sub-Committee noted that the hours proposed for all licensable activities were within core hours. Although the premises was located within a CIA, it considered that the application was unlikely to add to cumulative impact because of main use of the premises as a café and that it was not drinks-led. The Sub-Committee noted that Environmental Health had withdrawn their representations after agreeing conditions with the Applicant Company, whilst the Police had not made a representation. The Sub-Committee also considered that the conditions to be added to the 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.
The decision for the Second Floor, 1 Heddon Street, is included in the decision sheet for that application.
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2. |
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):
Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
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. The supply of alcohol at the premises 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.
10. The premises shallinstall andmaintain acomprehensive CCTVsystem as perthe minimumrequirements ofthe WestminsterPolice LicensingTeam. Allentry and exitpoints willbe coveredenabling frontalidentification ofevery personentering in any light condition.The CCTVsystem shallcontinually recordwhilst thepremises isopen for licensableactivities andduring alltimes whencustomers remainon thepremises. All recordings shallbe storedfor aminimum periodof 31days withdate andtime stamping. Viewing ofrecordings shallbe madeavailable immediatelyupon therequest ofPolice or authorised officerthroughout theentire 31day period.
11. A staff memberfrom the premiseswho isconversant withthe operationof the CCTVsystem shallbe onthe premises atall timeswhen thepremises isopen. Thisstaff membermust be ableto provide aPolice orauthorised councilofficer copiesof recent CCTVimages ordata withthe absoluteminimum ofdelay whenrequested.
12. Signswill belocated atthe exitsto thebuilding toremind occupantsthat theyshould ensure that localresidents arenot disturbedby anylicensable activityat thepremises.
13. Signswill beprovided remindingoccupants thatalcohol should onlybe supplied topersons over the ageof 18.
14. The provision of licensable activities shall at all times be ancillary to the principal use of the premises as office space managed by The Crown Estate.
15. The number of persons permitted in the licensed areas on the ground and first floor of the premises at any one time (excluding catering and bar staff) shall not exceed 60 persons.
16. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
17. 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.
18. There shall be no sales of hot food or hot drink off the premises after 23.00 hours.
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. 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.
21. 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.
22. 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 Licence by the licensing authority.
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Supporting documents:
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