Agenda item - Basement & Ground Floor, 5-6 Henrietta Street, London, WC2E 8PS

Basement & Ground Floor, 5-6 Henrietta Street, London, WC2E 8PS

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

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ West End Cumulative Impact Area

Basement & Ground Floor, 5-6 Henrietta Street, London, WC2E 8PS

New Premises Licence

18/09161/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 25 October 2018

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: Licensing Authority and Local Resident

Present: Ms Lisa Sharkey (Agent representing the Applicant), Linda Campin (representing the local resident) and Ms Daisy Gadd (Licensing Authority)

Basement and Ground Floor, 5-6 Henrietta Street, WC2E 8PS (“The Premises”) 18/09161/LIPN
1.	Sale by retail of alcohol: Monday to Saturday: 11:00 to 00:00 Sunday: 12:00 to 23:30
	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 Taster Food UK Ltd, (“the Applicant”) for a New Premises licence in respect of 5-6 Henrietta Street, London WC2E 8PS. The Presenting Officer provided an outline of the application to the Sub-Committee. She confirmed that Environmental Health and the Metropolitan Police Service had withdrawn their representations as conditions had been agreed with the Applicant. She advised that the Licensing Authority had maintained their representation on policy grounds and the Premises was located in St James’s Ward and within the West End Cumulative Impact Area. 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. Ms Sharkey advised that this was an application for a New Premises Licence for Sale of Retail of Alcohol from Monday to Saturday: 11:00 to 00:00 and Sunday: 12:00 to 23:30. The Premises would operate as a restaurant and the Applicant had agreed that the model restaurant condition 66 be attached to the licence. Ms Sharkey stated that Din Tai Fung was a world renowned restaurant operation with over 151 restaurants worldwide. Mrs Sharkey advised that the Applicant wished to retain a holding bar in the Premises purely for the use of patrons waiting to be seated in the restaurant area. The Applicant would also like to operate the Premises slightly beyond Core Hours. She further advised that the Premises currently had a Premises Licence that had not been surrendered to the Licensing Authority and referred to paragraphs 2.4.8 and 2.1.8 of the City Council’s Statement of Licensing Policy. She emphasised that the new licence should be granted on the same terms as the existing licence, which allowed the Premises to operate beyond Core Hours and have a bar, on the basis that the current licence had not been surrendered yet. Mrs Sharkey then referred to the proposed conditions and suggested amendments and deletions to the proposed conditions to be attached to the new Premises licence. The Sub-Committee noted that the Applicant wished to have a holding bar in the Premises and make changes to the some of the conditions, however, Environmental Health and the Police had withdrawn their representations on the basis that the conditions and in particular, the model restaurant condition 66 had been agreed with the Applicant. The Licensing Sub-Committee was therefore reluctant to change the wording of conditions that had been agreed with the Responsible Authorities. The Licensing Authority had maintained their representation on policy grounds as the application was outside of Westminster’s Core Hours Policy and because the Applicant needed to demonstrate that they would not add to cumulative impact in the area. The Licensing Authority requested that if there was to be a Holding Bar the conditions should reflect that the bar could only be used by patrons waiting for a table meal. Ms Campin (representing the local resident) advised that residents were generally concerned about the increase in licenced premises in Henrietta Street but were reassured that the Premises would be operated as a restaurant and not a bar. Other issues of concern were the use of table and chairs outside on the pavement which would have a direct impact on the level of noise and disturbance coming from the building and people queuing outside of the building waiting to be given a restaurant seat which could have the potential of causing public nuisance . Ms Campin confirmed that the conditions agreed with Environment Health and the Police would promote the Licensing objectives. The Sub-Committee carefully considered all the evidence presented at the Committee. The Sub-Committee noted that the Applicant wished to have a holding bar and amend some of the proposed conditions, however, Environmental Health and the Police had withdrawn their representation on the basis that conditions and in particular, the restaurant condition 66 had been agreed with the Applicant. The Sub-Committee further noted that residents were concerned about the increase in licenced premises in Henrietta Street but were reassured that the Premises would be operated as a restaurant and that the conditions agreed with Environment Health and the Police would promote the Licensing objectives. The Sub-Committee considered the conditions proposed to be placed on the licence were appropriate and proportionate in the circumstances and would ensure the Premises did not impact negatively on the local area. As Environmental Health and the police had withdrawn their objections on the basis of agreed conditions, the committee did not agree to change those conditions to allow the holding bar as that was not included in the agreed conditions. The Sub-Committee granted the application accordingly.

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. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to serve alcohol.

10. The premises licence holder will ensure that proper training for all staff on premise specific policies as part of new hire training.

11. The premises licence holder will ensure training records are recorded and documented.

12. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

13. All windows and external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons

14. Queues will be actively managed by premises staff, especially later in the evening, to keep noise to a minimum. Rowdy behaviour from people queuing to get in should not be tolerated. Premises staff will refuse entry to anyone behaving in an anti-social way.

15. Customers will not be allowed to take glasses out of the restaurant. This will prevent them from loitering outside the restaurant.

16. Staff who depart late at night when the business has ceased trading, will conduct themselves in such a manner as to avoid causing disturbance to nearby residents.

18. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23:00) hours and (08:00) hours on the following day.

19. No collection of waste or recycling materials (including bottles) from the premises shall take place between (23:00) and (08:00) on the following day.

20. No deliveries to the premises shall take place between (23:00) and (08:00) on the following day.

21. Kitchen machinery will not cause nuisance to local residents by way of noise, odours or vibration.

22. 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 driving licence, passport or proof of age card with the PASS Hologram.

23. The bar will keep a refusals book (or refusal button on EPOS – Electronic Point of Sale) on the premises and ensure it is completed whenever a sale is refused to a person who cannot prove they are over the age of 18. The book will contain the date and time of the incident, a description of the customer, the name of the staff member who refused the sale, and the reason the sale was refused.

24. Staff training in the age related sections of the Licensing Act 2003 will be provided to all bar and front of house staff. This includes the ability to competently check customers’ identification where necessary. Training records will be documented and kept.

25. A health and safety policy and full risk assessment will be written by a qualified health and safety consultant

26. Customers will not be allowed to carry any glasses, bottles or tableware out of the restaurant.

27. The supply of alcohol shall cease at 23:00 hours until such time that the provision of Late Night Refreshment is permitted on the premises

28. The number of persons permitted on the premises at any one time (excluding staff) shall not exceed:

a. Basement 190 persons

b. Ground Floor 110 persons

With no more than 300 persons on the premises at any one time (subject to clearance)

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

30. 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.

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

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

33. 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

34. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, all not be permitted to take drinks or glass containers with them

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

36. 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.

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

38. The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

39. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority by way of variation.

40. 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.

41. 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.

42. 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 refusal of the sale of alcohol

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

43. 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.

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

Supporting documents:

5-6 Henrietta Street redacted report, item 3. PDF 919 KB