Agenda item - Far East, Ground Floor, 13 Gerrard Street, London, W1D 5PS

Far East, Ground Floor, 13 Gerrard Street, London, W1D 5PS

Meeting of Licensing Sub-Committee (3), Thursday 13th September, 2018 10.00 am (Item 1.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ West End Cumulative Impact Area

Far East, Ground Floor, 13 Gerrard Street, London, W1D 5PS

New Premises Licence

18/08208/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 13th September 2018

Membership: Councillor Melvyn Caplan (Chairman), Councillor Heather Acton and Councillor Aicha Less

Legal Adviser: Barry Panto

Policy Adviser: Kerry Simpkin

Committee Officer: Sarah Craddock

Presenting Officer: Shannon Pring

Relevant Representations: Metropolitan Police and Licensing Authority and 14 representations in support of the application.

Present: Mr Alun Thomas (Representing the Applicant), Richard Wu (Applicant), PC Sandy Russell (Metropolitan Police), Roxsana Haq (Licensing Authority) and Ms Natasha Farzaneh Kohzadbayat (resident in support of the application)

Far East, Ground Floor, 13 Gerrard Street W1D 5PS (“The Premises”) 18/08208/LIPN
1.	Late Night Refreshment (on and off): Monday to Sunday: 23:00 to 05:00 on the following 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 38 Catering Ltd, (“the Applicant”) for a New Premises licence in respect of Ground Floor, 13 Gerrard Street, W1D 5PS. The Presenting Officer provided an outline of the application to the Sub-Committee. She confirmed that the Metropolitan Police Force and Licensing Authority had maintained their representation on policy grounds and because the Premises was located in the West End Cumulative Impact Area. She further confirmed that the Environmental Health Service had withdrawn their representation. All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other. Mr Thomas (Applicant’s Representative) stated that this was an application for a new Premises licence for Late Night Refreshment (on and off) the premises Monday to Sunday: 23:00 to 05:00 only. There was no sale of alcohol. Mr Thomas outlined the circumstances and extenuating circumstances in relation to the application. The Sub-Committee heard that this was a family run business and that the previous licence had lapsed following the death of the licence holder in the family in February 2013. The effect of his death was that the licence had lapsed although this was unbeknown to the owners who had carried on running the business, without incident or complaint since. The Sub-Committee further heard that since discovering the licence had lapsed the premises had only been open after 11pm on Temporary Event Notices (TENs), again without complaint, pending determination of the application and as such the premises had not been closed. Mr Thomas referred to paragraphs 2.4.8 and 2.1.8 of the Council’s Licensing Policy and read from paragraph 2.1.8 ‘in cases where licences have lapsed through insolvency or death, the Council will generally grant a new licence on similar terms to the lapsed licence as a replacement. However the Council will take into account the previous history of the premises, the length of time the premises have been closed and any problems at the premises….’ Mr Thomas emphasised that this application was therefore to reinstate the licence on the exact same terms as the existing premises licences on the basis that the premises had continued to operate, there was no history of complaints/problems at the premises and that model conditions had been agreed with Environmental Health. Full details of the submissions from Mr Thomas were set out in his letter to the licensing service dated 6^th September 2018. Ms Natasha Farzaneh Kohzadbayat (resident in support of the application) advised that she had regularly visited the restaurant for the past 20 years and it had always fulfilled her expectations in terms of good quality food and service. She emphasised that she had always found it to be a safe place with a friendly atmosphere late at night and was in support of the reinstatement of its licence. The Licensing Sub-Committee noted similar representations that had been made by 12 other individuals who used the restaurant and also by a Director of Shaftesbury Chinatown PLC, the landlord and freeholder of the premises. In response to questions from the Sub-Committee, Mr Wu (Applicant) confirmed that he was now fully aware of the responsibilities of being a premises licence owner and that it had been a costly mistake as the restaurant had only been able to open using Temporary Event Notices. Mr Thomas then outlined the checks that Shaftesbury Estates carried out to ensure that all their premises complied with their premises licence and tenancy agreement. PC Sandy Russell (Metropolitan Police) advised that they had maintained their representations on policy grounds but had been reassured that the Applicant was now aware of his responsibilities and the requirement to comply with all the conditions attached to the premises Licence. PC Russell advised there was no history of problems at the premises. Roxsana Haq (Licensing Authority) confirmed that they had maintained their representation as this was a new premises application located in a cumulative impact area. It was acknowledged that this premises had been operating as a family business for many years and there was no history of problems, however, it was for the Sub-Committee to decide if the application had demonstrated that it could be considered an exception to policy The Sub-Committee carefully considered all the evidence and decided to grant the application. The Sub-Committee considered the application was an exception to policy due to paragraphs 2.4.8 and 2.1.8 of the Council’s Licensing Policy, but the Chairman emphasised that the Sub-Committee had to be confident that the applicant was fully aware of the conditions on the licence and the implications of provisions within the legislation relating to the lapse of a licence. The Sub-Committee noted that conditions had been agreed with both the Police and Environmental Health and that there had been no history of complaints at the premises and Mr Thomas confirmed, on behalf of the applicant, that they did now fully understand the implication of a licence lapsing. The Sub-Committee considered the conditions imposed on the Premises Licence to be appropriate and proportionate and was satisfied that they would help promote the licensing objectives.
3.	Opening Hours of the premises Monday to Sunday: 09:00 to 05:00 on the following day
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): The application was granted, the reason for the decision is detailed 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 be kept open for the purposes of this licence from 23:00 on each of the days Sunday to Saturday to 05:00 on each day following.

10. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 45 persons.

11. Licensable activities are only permitted on the ground floor.

12. 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.

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. 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.

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

16. 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.

17. 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.

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

19. 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 visit by a relevant authority or emergency service.

20. No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.

21. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises.

Supporting documents:

Far East, 13 Gerrard Street, item 1. PDF 3 MB