Agenda item - 40-42 William IV Street, London, WC2N 4DD

40-42 William IV Street, London, WC2N 4DD

Meeting of Licensing Sub-Committee (3), Thursday 25th October, 2018 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ West End Cumulative Impact Area

40-42 William IV Street, London, WC2N 4DD

New Premises Licence

18/09429/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.3

Membership: Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

Legal Adviser: Horatio Chance,

Policy Adviser: Kerry Simpkin

Committee Officer: Sarah Craddock

Presenting Officer: Michelle Steward

Relevant Representations: Local residents

Present: Mr Alun Thomas (Solicitor Representing the Applicant) and Mark Browning (Representing the residents)

40-42 William IV Street, London, WC2N 4DD (“The Premises”) 18/09429/LIPN
1.	Late Night Refreshment (Indoors): Monday to Saturday : 23:00 to 23:30 Seasonal Variations/Non Standard timings: These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s 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 Shaftesbury Covent Garden Limited, (“the Applicant”) for a New Premises licence in respect of 40 – 42 William IV Street, London, WC2N 4DD. The Chairman sought clarification from the Policy Advisor and Legal Advisor in relation to the Council’s Policy on ‘lapse licences’. The Council’s Cumulative Impact Zone Policy in Paragraph 2.4.8 stipulates that ‘Application for new licences to replace licences which have lapsed because of the failure to submit an interim authority notice in due time in the event of the death or the insolvency of the licence holder will be considered by the Licencing Authority as possible exceptions unless there are representations that indicate that there have been problems with the previous Licence. Licences may be granted with conditions which replicate the effect of those of the previous Licence and with conditions which bring the licence in line with good practice on other licenses e.g. Door supervisors’. The Sub-Committee was also advised that the Premises must be considered as a new application and also on its own individual merit. Mr Thomas clarified that the application was seeking to reinstate the previous licence with the same terms and conditions (mutatis mundas). He also advised that the Premises Freehold had been acquired and that the previous licence holder company had gone into administration on 20 June 2018. Mr Thomas advised that there was no ‘Shadow Licence’ in place and that a letter had been sent to the Licensing Authority which provided information on why the Licence had lapsed. The Sub-Committee was advised that there was a three week period between the lapse of the Licence and the application to reinstate the Premises Licence. Mr Thomas advised that there had been no concerns raised during the Premises recent history and highlighted that no representations had been received from any of the Responsible Authorities and that Model Conditions were already incorporated onto the lapse Premises Licence. He advised that the concerns raised about the Premises were historic and were not against the previous tenants. Mr Thomas reminded the Sub-Committee that they could impose conditions which would help to negate past concerns and ensure good practice. The Sub-Committee was advised that Shaftesbury Covent Garden Limited was currently in negotiation with two potential clients and was committed in ensuring that all tenancies are acceptable to the local residents. Mr Thomas highlighted that proposed hours of operation where within the set ‘core hours’. Shaftesbury Covent Garden Limited was noted as having over 250 LicensedPremises and were reputed as being responsible landlords. Mr Browning (Representing local residents) advised the Sub-Committee that there were a number of concerns with the previous tenants that were based in the Premises. He advised that no actual concerns had been raised whilst the Premises operated as a restaurant and requested that conditions be imposed which would ensure that this remains the position. Mr Browning advised that the Premises’ basement was not in use whilst it operated as a restaurant and commented that potential concerns may arise if this section of the building is granted with licensable activities. Mr Browning also highlighted that Paragraph 2.4.8 of the Council’s Cumulative Impact Zone Policy required all representations to be taken into consideration and these include both historic and recent. The Sub-Committee was advised that residents would be satisfied if Condition 9 is replaced with the Model Restaurant Condition and were requested to take into consideration how the Premises previously operated. There was also a request for the sale of alcohol to be made ancillary and that the consumption of alcohol whilst standing be prohibited. Mr Browning commented that local residents had not been consulted about the proposed use of the Premises and would be satisfied if it continues to operate as a restaurant. Following questions from the Sub-Committee, Mr Thomas advised that the Ground Floor and First Floor of the Premises had licensable activity. It was stated there is no desire to extend licensable activities to the Basement area of the Premises. Mr Thomas commented that Les Deux Salons, the previous tenants, did not operate on a full Model Restaurant Condition and Condition 9 should therefore remain as there had been no concerns raised whilst the establishment was in operation. The Sub-Committee enquired whether the Applicant would be willing to compromise and accept a condition which stipulates that the consumption of alcohol is ancillary to food. Mr Thomas advised that there was no intention for the Premises to become a ‘drink led’ establishment and that the lapsed licence imposed a Condition which required that substantial food is available. Mr Thomas commented that there had been no conversation with the Applicantabout compromising on set conditions and that a ‘watered down’ version of Condition 9 may be accepted by the Applicant. The Sub-Committee carefully considered all the evidence and decided to grant the application accordingly. The Sub-Committee noted that the Premises was located in the Cumulative Impact Zone and that the Applicant had successfully demonstrated that the application met the ‘exception’ threshold as set out in the Council’s Policy and that the policy also permits for existing conditions to be transferred to new Premises Licences. The Sub-Committee advised that they took into consideration of the Representation made, past concerns raised about the Premises and the time frame between the lapsed licence and the new application. The Sub-Committee agreed that licensable activities should be restricted to only the Ground Floor and First Floor areas of the Premises and requested that the Premises Floor Plans be amended to reflect this. 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.
2.	Sale by retail of alcohol (Both): Monday to Saturday: 11:00 to 23:30 Sunday: 12:00 to 22:30 Seasonal Variations/Non Standard timings: These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s 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.
3	Recorded Music (Indoors): Monday to Saturday: 11:00 to 23:30 Sunday: 12:00 to 23:00 Seasonal Variations/Non Standard timings: These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s 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.
4.	Opening Hours of the premises Monday to Sunday: 10:00 to 00:30 on the following day Seasonal Variations/Non Standard timings: These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s 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.

Additional Conditions

9. Substantial food and substantial beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

10. A noise limiter located in a separate and remote lockable cabinet from the volume control must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service's Community Protection Department so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured to the satisfaction of officers from the Environmental Health Service. The keys securing the noise limiter cabinet shall be held by the applicant only, and shall not be accessed by any other person. The limiter shall not be altered without prior agreement with the Environmental Health Service.

11. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service.

12. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

13. No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.

NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.

14. The approved arrangements at the premises, including means of escape provisions, fire warning and fire fighting equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

15. The certificates listed below shall be submitted to the Council annually.

i. Any emergency lighting battery or system

ii. Any electrical installation

iii. Any fire alarm system

16. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

17. No changes shall be made to the approved layout of the premises without the consent of the Council.

18. All exit doors shall be available at all material times without the use of a key, code, card or similar means.

19. All fire doors shall be maintained effectively self closing and not held open other than by an approved device.

20. Fire resisting doors to ducts, service shafts and cupboards shall be kept locked shut.

21. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

22. Only hangings, curtains, upholstery and temporary decorations, complying with the relevant British (or where appropriate European) Standard shall be used. Where necessary these shall be periodically tested for flame resistance and re-treated as necessary.

23. Curtains and hangings shall be arranged so as not to obstruct fire safety signs, fire extinguishers or other fire fighting equipment.

24. Staff with specific responsibilities in the event of fire or other emergency, together with deputies, shall receive training and written instruction appropriate to their role.

25. The flue of any boiler or heating appliance shall be professionally cleaned at intervals not less than the minimum recommended by the appliance manufacturer.

26. Ventilation ducting and shafts generally shall be maintained in a clean condition.

27. Ventilation air filters shall be cleaned or changed for new filters periodically as may be necessary to maintain a satisfactory flow of air supply.

28. All interior surfaces of extract ventilation ducting serving kitchens and serveries shall be thoroughly cleaned at least annually.

29. Grease filters in extract ventilation hoods in kitchens and serveries shall be regularly cleaned e.g. weekly.

30. Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 7 days prior notice being given to the Council where consent has not previously been given.

i dry ice and cryogenic fog

ii smoke machines and fog generators

iii pyrotechnics including fire works

iv firearms

v lasers

vi explosives and highly flammable substances.

vii real flame.

viii Strobe lighting.

31. Noise and vibration will not be allowed to emanate from the premises so as to cause a nuisance to nearby properties.

32. Notices will be prominently displayed at exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

33. No rubbish including bottles will be moved, removed or placed in outside areas between 2300 hours and 0800 hours.

34. Flashing or particularly bright lights on or outside the premises will not be permitted to cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime).

35. At the close of business each day the premises are open for the purposes of the licence the licensee shall ensure that the pavement from the building line to the kerb edge immediately outside the premises, including the gutter/channel at its' junction with the kerb edge, is swept and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

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

37. Rubber pads that will prevent noise nuisance arising from the movement of furniture shall be installed and maintained under the feet of the legs of all tables and chairs within the premises.

38. Cleaning is not to take place at the premises before 06:00.

39. 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.

40. The sale of alcohol and provision of late night refreshment is allowed from the end of permitted hours on New Year's Eve to the commencement time for those activities on New Year's Day.

41. The number of persons permitted in the premises at any one time shall not exceed:

Ground floor 120

First floor 110.

42. All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

43. 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.

44. 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.

45. 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.

46. 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.

47. 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

(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.

48. Patrons permitted to temporarily leave and then re-enter the premises, eg to smoke, shall not be permitted to take drinks or glass containers with them.

Supporting documents:

40-42 William IV Street redacted report, item 2. PDF 1 MB