Agenda item

Italian Garden Cafe, Kensington Gardens, Serpentine Road, London, W2 2UH

14App No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Knightsbridge and Belgravia Ward/ West End Cumulative Impact Area

Italian Garden Cafe, Kensington Gardens, Serpentine Road, London, W2 2UH

New Premises Licence

18/04177/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 11th October 2018

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:   Michelle Steward

 

Relevant Representations: A Residents’ Association.

 

Present:  Sarah Bellamy-Colicci (Compliance Manager, Applicant Company), Dave Nevitt (Environmental Health – called as a witness), Richard Brown (Solicitor, Citizens Advice Bureau, representing John Zamit) and John Zamit (South East Bayswater Residents’ Association).

 

 

Italian Garden Café, Kensington Gardens, Serpentine Road, London, W2 2UH (“The Premises”)

18/04177/LIPN

 

1.

Sale by retail of alcohol: On sales

 

 

Monday to Sunday: 11:00 to 19:30

 

 

 

Amendments to application advised at hearing:

 

Sunday: 12:00 to 19:30

 

 

 

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

 

This was an application for a new premises licence in respect of a café operating within Kensington Gardens. Michelle Steward (Presenting Officer) introduced the item and advised that the proposed hours for sale of alcohol on Sunday had been amended to a later commencement hour of 12:00. She confirmed that the Police and Environmental Health had withdrawn their representations after agreeing conditions with the Applicant Company.

 

Sarah Bellamy-Colicci (Compliance Manager, Applicant Company) was invited to address the Sub-Committee and stated that the reason for the application was to add alcohol as part of the customer offer. She stated that the premises would continue to operate as a café, and not a bar. Presently, there was only W/C provision for staff, however there were W/C facilities in the park adjacent to the premises which carried a charge to use, although there had previously been no charge.

 

Richard Brown (Solicitor, Citizens Advice Bureau, representing John Zamit) advised that he was happy with condition 22 in the report proposed by the Police stating that if customer toilets are not provided at the premises, the licence holder shall ensure that access to the nearby public toilets shall be free of charge to the customers of the premises. As the Police, and also Environmental Health, had withdrawn their representations, he sought clarification as to whether this condition could be adhered to. Mr Brown also suggested that the Applicant Company’s proposed condition 15 relating to the premises not operating beyond the park’s opening hours was preferable to the alternative condition proposed by the Police.

 

John Zamit (South East Bayswater Residents’ Association) addressed the Sub- Committee and stated that the premises was one of his favourite cafes. He welcomed the amendment to a later commencement hour for the sale of alcohol on Sunday. In respect of the nearby public W/C facilities, he advised that there was a 20 pence charge to use them and the hours during which they were open did not entirely cover the opening hours of the premises. Mr Zamit informed the Sub-Committee that Parks Services had stated that a token system would not work, and so customers would be required to use cash to use the W/C facilities. He stated that consideration could be given as to whether the application warranted an exception to provide W/C facilities, or whether an informative could be added requesting that the Applicant Company use its best endeavours to work with Parks Services to introduce a token system that customers could use.

 

Ms Bellamy-Colicci was invited to respond and she advised that Parks Services were working on a contactless solution, but there was no timeframe as to when this would be completed.

 

Mr Brown then called Dave Nevitt (Environmental Health) as a witness. Mr Nevitt began by confirming that he had withdrawn his representation because the Applicant Company had agreed condition 22 with the Police in relation to free use of the public W/C facilities for customers of the premises. Mr Nevitt was of the view that it should be possible to find a way to make it possible for customers to have free use of the public W/Cs in the park at all the times that the premises was open to the public and this would be acceptable to him.

 

Members enquired whether the Applicant Company could reach an agreement with the public W/C facilities attendant to use some card or token system to allow free access for customers of the premises, or failing this, whether the Applicant Company would be willing to provide customers with the necessary change to use them.

 

In reply, Ms Bellamy-Colicci advised that it may be possible to reach an agreement with the W/C attendant regarding the use of some kind of card or token system, however they were not always present. She confirmed that the Applicant Company would be happy to provide customers with change to use the public W/C facilities if necessary.

 

The Sub-Committee granted the application, subject to adding the Applicant Company’s proposed condition regarding the premises operating hours not going beyond the park’s opening times, as suggested by Mr Brown at the hearing in preference to the Police’s proposed alternative.

 

In determining the application, the Sub-Committee noted that the proposed hours for sale of alcohol were well within core hours and the premises was not located in a cumulative impact area. The Sub-Committee also noted that the Police and Environmental Health had withdrawn their representations after agreeing conditions with the Applicant Company. In addition, a resident had indicated his approval of the proposed amended hours for sale of alcohol on Sunday. The Sub-Committee therefore saw no grounds for refusing the application and considered that the conditions to be added to the premises licence would assist the Applicant Company in upholding the promotion of the licensing objectives.

 

 

2.

Hours premises are open to the public

 

 

Monday to Sunday: 06:30 to 20:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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).

 

 

 

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.

 

Additional Conditions

 

9.         There will be management controls and effective staff training to ensure that all staff are aware of the premises licence and the requirements to meet the licensing objectives, paying particular attention to:

a)    No selling of alcohol to underage people;

b)    The prevention of violent and anti-social behaviour;

c)    The prevention of drunk and disorderly behaviour on the premises.

 

10.      There will be a clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.

 

11.      Clear and conspicuous notices will be displayed warning customers of potential criminal activity, such as theft, that may target customers.

 

12.      Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.

 

13.      Staff will be trained to request that customers use the premises in an orderly and respectful manner.

 

14.      All alcoholic drinks sold in the premises will be opened at the time of purchase, by the server, to discourage customers purchasing multiple alcoholic drinks and taking them into the park.

 

15.      The premises will not operate beyond park opening times and the sale of alcohol will cease 30 minutes before closing time.

 

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.      The consumption of alcohol at the premises shall only be by patrons who are             seated. Alcohol consumed outside the premises building shall only be             consumed by patrons seated at tables.

 

19.      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.

 

20.       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.

 

21.      If customer toilets are not provided at the premises the licence holder shall ensure that access to the nearby public toilets shall be free of charge to customers of the premises.

 

22.      Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

 

23.      No super strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

 

24.     There shall be no self-service of alcohol on the premises.

 

25.      There shall be no draught sales of alcohol.

 

26.      Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

 

27.      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) any 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

 

28.      No more than 10% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

29.      All cashiers will receive refresher training on relevant alcohol laws and the licence holder’s policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and by the nature of the training undertaken. The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority.

 

30.      No alcohol shall be consumed more than 30 minutes after the permitted hour for the supply of alcohol.

 

 

Supporting documents: