Agenda item - The Flying Pie, Ground Floor, 10 New Row, London, WC2N 4LH

The Flying Pie, Ground Floor, 10 New Row, London, WC2N 4LH

Meeting of Licensing Sub-Committee (4), Thursday 20th 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

The Flying Pie, Ground Floor, 10 New Row, London, WC2N 4LH

New Premises Licence

18/08241/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20^th September 2018

Membership: Councillor Karen Scarborough (Chairman), Councillor Jim Glen and Councillor Aziz Toki

Legal Adviser: Wilda Haddad

Policy Adviser: Kerry Simpkin

Committee Officer: Tristan Fieldsend

Presenting Officer: Michelle Steward

Daisy Gadd

Relevant Representations: The Licensing Authority, Environmental Health, the Covent Garden Community Association and five local residents.

Present: Mr Piers Warne (Solicitor, representing the Applicant), Mr Karim Gorgy (Applicant), Ms Roxanna Haq (Licensing Authority), Mr Anil Drayan (Environmental Health), Mr David Kaner (Covent Garden Community Association) and Ms Tanya Howarth (Local Resident)

The Flying Pie, Ground Floor, 10 New Row, London, WC2N 4LH (“The Premises”)

18/08241/LIPN

Late Night Refreshment - Indoors

Monday to Saturday: 23:00 to 23:30

Seasonal Variations/Non-Standard Timings:

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

Until 23:30 on any Bank Holiday Sunday.

Amendments to application advised at hearing:

The Sub-Committee was advised that the provision of late night refreshment had been withdrawn for the application.

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

The Sub-Committee considered an application by The Flying Pie Ltd for a new premises licence in respect of The Flying Pie, Ground Floor, 10 New Row, London, WC2N 4LH.

The Licensing Officer introduced the application to the Sub-Committee and confirmed that the Police had withdrawn their representation following the agreement of conditions with the applicant.

Mr Warne, representing the applicant, advised the Sub-Committee that the provision of off sales had now been withdrawn from the application. Mr Warne explained that the premises operated as a restaurant and had been trading for a short period of time. The applicant had suggested some potential conditions to be added to the licence, including the full restaurant condition, and further conditions which had been agreed with the Police. This included limiting the capacity of the restaurant to thirty persons and imposing further conditions relating to waste and noise to address any public nuisance concerns.

Mr Warne informed the Sub-Committee that the premises styled itself as a middle eastern pizzeria serving a traditional style of food. It took approximately 10-12 minutes to prepare and cook the food and could therefore not be considered a fast food restaurant. Its operation was akin to other pizzeria restaurants in providing a casual dining experience. The usual dwell time for customers was around 35-40 minutes meaning very few customers left the premises to smoke outside. The application had been submitted as a growing number of customers were seeking to consume alcohol with their meal and recently potential customers had left the premises, as there was no alcohol provision.

Mr Warne addressed several of the concerns raised by local residents. One regarded queuing, it was recognised that this had occurred on the first day of trading however no queues outside the premises had occurred since. The applicant was willing to accept a condition on the licence however to restrict queuing in order to address this concern. In addition, with regards to potential touting it was acknowledged that free samples of food had been offered outside the premises when it had initially opened but this had now ceased since it had become more established. A further condition restricting this would be added to the licence. In terms of the hours, orders would cease by 22:30 with all customers having to leave by 23:00. A concern had also been expressed over a light at the premises and the nuisance it created, therefore it was proposed to turn off the light from 22:30 on weeknights and 21:30 at weekends. The Sub-Committee was also advised that the alcohol offer would be very limited.

The applicant recognised that the premises was located within a Cumulative Impact Area (CIA). However, the operation would not add to cumulative impact as it was already trading, it was a small restaurant with a very limited capacity and was only seeking to provide on sales of alcohol to customers taking a meal. The proposed conditions were appropriate and proportionate for the style of operation and would ensure that the licensing objectives were promoted.

Mr Drayan, representing Environmental Health (EH), advised that he was satisfied with the application and had only maintained EH’s representation in order to answer any questions the Sub-Committee may have had.

Ms Haq, representing the Licensing Authority, confirmed that the applicant had agreed for the full restaurant condition to be added to the licence. The premises was located within a CIA however and the Sub-Committee had to decide if the application would add to cumulative impact in the local area.

Mr Kaner, representing the Covent Garden Community Association (CGCA), addressed the Sub-Committee and confirmed that the applicant had agreed with the conditions proposed by the CGCA with some modifications. Concern still existed however over the type of premises it was, as even though the full restaurant condition would be imposed on the licence it could not be considered a restaurant in the traditional sense. Food could be offered until 23:30 and there was a concern over how this would impact on local residents and the prevention of public nuisance licensing objective. Issues already existed from customers entering and leaving the premises and congregating outside to smoke. The applicant had offered conditions to control any potential public nuisance but this did not alleviate the concerns raised over the operation. It was located in a CIA within close proximity to residential properties and therefore it was suggested the Sub-Committee closely consider the hours for late night refreshment and the hours permitting the sale of alcohol on Sunday’s.

Ms Howarth, a local resident who was also representing two other residents, addressed the Sub-Committee. She explained that she had lived at her property for 35 years which was situated opposite the premises. The application was of concern as since the premises had opened the late opening hours had resulted in customers continually entering and exiting late at night creating a disturbance. This was exacerbated by customers often smoking outside, as well as a further nuisance created by one of the lights at the premises disturbing the sleep of a nearby resident. Overall, concerns existed over the hours requested and the potential for further nuisance caused through permitting the sale of alcohol from the premises, especially on Sundays.

In response, Mr Warne highlighted the small capacity of the premises and the customer turnaround time of approximately 35 to 40 minutes. This meant there was not large groups of people entering and exiting the premises. The Sub-Committee was advised that there were no allegations that any disturbance was created from inside the premises. It was considered that there very few customers smoking outside and to address concerns all parties were reassured that the applicant would take an active role in managing the outside area in line with the proposed conditions. The premises was located within a CIA, however it would not draw crowds into the local area. It was already operating as a casual-dining restaurant and had a similar customer dwell time as other premises located in the CIA. To provide further reassurance to residents however, the applicant advised that the hours requested could be reduced. The provision of late night refreshment could be removed from the licence with the terminal hour for the sale of alcohol restricted to 22:30 with the premises closing at 23:00 Monday to Saturday.

Mr Kaner still expressed concern over the nuisance caused to residents by a light located on the premises. All parties discussed the need to address the concern and work together to deal with the issue. EH considered that model condition 80, which dealt with ensuring no lights from a premises caused a nuisance, could be added to the licence. The applicant advised that they were content for this condition to be place on the licence.

After considering all the evidence, the Sub-Committee agreed to grant the application. It was noted that the premises was located within a CIA, however the proposed conditions, including those agreed with the Police and EH, were restrictive enough to ensure that the licensing objectives would be promoted and the premises would not add to cumulative impact. The sale and consumption of alcohol would be ancillary to the premises operating as a restaurant, which was reinforced by way of condition imposed that prevented any vertical drinking from taking place providing reassurance that the premises would not become a drink-led venue. The applicant had addressed residential concerns concerning queuing, touting, noise and lights through conditions and residents were reminded that if the applicant did not adhere to the conditions they could bring about review proceedings. The Sub-Committee welcomed the withdrawal of late night refreshment and off sales of alcohol from the application. The Sub-Committee was also pleased to note the applicant’s offer to reduce the opening hours to 10:00 to 23:00 Monday to Saturday and Bank Holiday Sundays, with hours for the sale of alcohol reduced to between 10:00 to 22:30 Monday to Saturday and Bank Holiday Sundays. Following the concerns raised by the residents, and the fact the premises was in a CIA, the hours now proposed were considered to be appropriate for the local area.

The Sub-Committee considered that the conditions proposed were appropriate and proportionate and would ensure that the licensing objectives were upheld and promoted. Having heard all the evidence (with consideration also being given to the representations received from the local residents), the Sub-Committee was satisfied that the application was suitable for the local area, addressed residential concerns and promoted the licensing objectives.

Sale by Retail of Alcohol – On and Off Sales

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

Seasonal Variations/Non-Standard Timings:

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

Until 23:30 on any Bank Holiday Sunday.

Amendments to application advised at hearing:

The Sub-Committee was advised by the applicant that the provision of off sales had been withdrawn from the application.

The hours for the sale of alcohol would also be reduced to 10:00 to 22:30 Monday to Saturday and 12:00 to 22:30 on Sundays. The terminal hour on Bank Holiday Sundays would also be reduced to 22:30.

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

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

Hours Premises are Open to the Public

Monday to Saturday: 10:00 to 23:30

Sunday: 12:00 to 22:30

Seasonal Variations/Non-Standard Timings:

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

Until 23:30 on any Bank Holiday Sunday.

Amendments to application advised at hearing:

The Sub-Committee was advised that the opening hours would be reduced to between 10:00 to 23:00 Monday to Saturday and between 12:00 to 22:30 on Sundays. The terminal hour on Bank Holiday Sundays would also be reduced to 23:00.

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

The Sub-Committee granted the 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;

(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 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 or supplied, otherwise than for consumption by persons who are seated in the premises 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

10. 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.

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 entire 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.In 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 refusal of the sale of alcohol

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

14. The Premises Licence Holder shall display crime prevention posters/material aimed at preventing the theft or loss of personal possessions. These posters/materials will be affixed/displayed in prominent positions to be agreed between the Premises Licence Holder and the Westminster Police Licensing Team within the premises.

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. 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.

17. There shall be no admittance or re-admittance to the premises after 22.30 except for patrons permitted to temporarily leave the premises to smoke

18. All windows and external doors shall be kept closed after 20:00 hours except for the immediate access and egress of persons.

19. 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.

20. 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.

21. No collections of waste or recycling materials (including bottles) from the premises shall take place between 20.00 and 08.00 on the following day.

22. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20.00 hours and 08.00 hours on the following day.

23. No deliveries to the premises shall take place between 20.00 and 08.00 on the following day.

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

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

26. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly

27. 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

28. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

29. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

30. The Premises Licence Holder shall not permit a queue to form outside the premises after 20:00 hours daily.

31. No person on behalf of the premises or on behalf or a person carrying or attempting to carry on a licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway within the specified area outlined below for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited within the specified area.

For the purpose of this section:

‘Directly’ means:- employ, have control of or instruct. ‘Indirectly’ means allowing / permitting the service of or through a third party.

‘Specified' Area’ means the area encompassed within (insert name of boundary roads.)

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

33. The number of seated persons inside the premises (excluding staff) shall not exceed 30 persons.

34. 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.

35. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

36. The Premises Licence Holder shall arrange staff training in relation to underage sales and refusal of service. This training shall include how to seek ID in accordance with the Challenge 25 proof of age scheme. All staff training shall be documented and made available to the Responsible Authorities on request.

37. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.

38. There shall be no self service of alcohol.

Supporting documents:

The Flying Pie Ground Floor 10 New Row London WC2N 4LH, item 1. PDF 644 KB