Agenda item - Unit 29, Trocadero, 13 Coventry Street, London, W1D 7AB

Unit 29, Trocadero, 13 Coventry Street, London, W1D 7AB

Meeting of Licensing Sub-Committee (3), Thursday 25th October, 2018 10.00 am (Item 4.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ Not in Cumulative Impact Area

Unit 29, Trocadero, 13 Coventry Street, London, W1D 7AB

New Premises Licence

18/08646/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 residents

Present: Ms Lisa Sharkey (Solicitor representing the Applicant), Mr Hadid Ahmed (Applicant, Director Global Vips Limited) and Daisy Gadd (Licensing Authority)

Unit 29, Trocadero, 13 Coventry Street, London, W1D 7AB (“The Premises”) 18/08646/LIPN
1.	Late Night Refreshment (Both): Monday to Sunday: 23:00 to 05:00
	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 Global Vips Limited, (“the Applicant”) for a New Premises licence in respect of Unit 29, Trocadero, 13 Coventry Street, W1D 7AB. The Presenting Officer provided an outline of the application to the Sub-Committee. She confirmed that the Licensing Authority had maintained their representation on policy grounds and that the Premises was located in the West End Cumulative Impact Area (“CIA”). She further confirmed that representation had been received by a local resident and these were in relation to noise nuisance and anti-social behaviour. 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 (Applicant’s Representative) advised the Sub-Committee that Mr Ahmed had over 29 years’ experience managing and operating convenience stores. He currently owns a similar premises in Leicester Square and was reported to be well accustomed to the local surrounding area its challenges and aware of the Local Authorities concerns. Mr Ahmed has operated the Premises for 3 years, has a SIA Registered Badge and is also a Personal Licence Holder. The Sub-Committee was informed that the Premises operates as a 24 Hours convenient store and also serves a wide range of hot food which include pizzas, samosas, sausage rolls and paninis. The hot food for sale is not prepared on the Premises and is only reheated. The current premises license permits the sale of hot food between 05:00 hours to 23:00 hours. Ms Sharkey informed that Mr Ahmed wanted to serve hot food 24hrs and this was required in order to meet current demands. At present, the Applicant is unable to warm food after 23:00 hours. This condition was reported to cause conflict with customers in particular when staff members refuse their request to warm food. The Applicant informed the Sub-Committee that to diffuse potential arguments and to prevent staff being verbally abused by customers, signs advising that the equipment to heat food are faulty are displayed after 23:00 hours. Patrons are redirected to other eateries when their request for hot food is refused. Ms Sharkey advised that Mr Ahmed had applied for Temporary Event Notice (TENs) and when granted these had not caused any public nuisance. They were reported to have also deter ‘conflicts’ between customers and staff members. She further stated that the Premises was unlikely to be viewed as a ‘fast food Premises’ because of its particular style of operation and character. It was submitted that the primary function of the Premises was that of a convenience store and serving food was ancillary to its main use. In response to questions from the Sub-Committee, Mr Ahmed ) advised that on average around 70 people purchased hot food from the Premises between Friday and Saturday and 50 people during the other days of the week. It was estimated that 2% of customers request hot food during the late evening and that the Premises is visited by some 500 individuals during the course of the week. There was not a major increase in sales of ‘hot food’ when TENs were granted. Ms Sharkey noted that the ‘fast food’ premises were of concern to the Police and this was due to these establishments attracting crowds. She advised that Mr Ahmed was aware of the importance of ensuring that the immediate areas around these type of Premises are kept clean and safe so as to prevent public nuisance. The Police and Environmental Health were consulted by the Applicant; there have been no concerns raised in relation to crime and disorder. The Sub-Committee was advised that the Premises was not large and that it primarily operated as a convenience store and that food is only ‘warmed up’. The patrons who frequent the Premises largely purchase other goods. Mr Ahmed advised that a wide range of customers frequented the Premises and these included, local residents, commuters, hotel users, hospital staff, tourist and late night shift workers. It was stated that the store is not frequented by ‘clubbers’. The Sub-Committee were advised that the hours requested to sale alcohol were within the set core hours. The Premises will have alcohol on display and beverages such as spirits will be displayed behind the counter. The Applicant was reported to sell alcohol in his other premises; there have been no concerns raised about the store’s operation. The Sub-Committee held a brief discussion and reminded the Applicant the rationale behind the Fast Food Policy and commented that food provided after 23:00 hours was governed under Policy FFP2. In these circumstances Applicants will need to demonstrate how their application fell within the ‘exceptional circumstances’ rule. Ms Sharkey reminded the Sub-Committee that the Premises was primarily operated as a convenience store and that there were no plans to alter the business model. The Premises is not viewed by customers as a designated place to purchase hot food. Ms Sharkey outlined the conditions which had been agreed by the Applicant and commented that these demonstrated that the Premises came within the ‘exceptional rule’ threshold and this was due to the Premises style of operation. She commented that proposed Condition 9 was met, as the food was not prepared inside the Premises and was solely heated up and that there was no plans to convert the store into a fast food style premises. Ms Sharkey in her submissions to the Sub-Committee made references to proposed Conditions 13, 14, 15 and 16 and confirmed that the Applicant was willing to implement them and noted that these covered a wide range of areas such as the requirement to have a personal licence holder on the Premises at prescribed times, the display and purchase of alcohol and usage of sale area. Ms Sharkey advised that the Applicant was willing to accept proposed Condition 24 which had been stipulated by Environmental Health. Ms Daisy Gadd (Licensing Authority) advised the Sub-Committee that the application fell within the Fast Food Policy and reminded the Sub-Committee that after 23:00 hours, hot food would be purchased and taken away for immediate consumption. Ms Gadd advised that there was policy to prevent the attraction and retention of people in the Cumulative Impact Zone Areas and that it was Policy to refuse these types of applications, unless it was demonstrated that the proposed Licence was an ‘exception’ which would require a deviation from the terms of the policy but this has to be conveyed to the Sub-Committee. Ms Gadd also confirmed that Applicants would also need to demonstrate that sales of alcohol in the Cumulative Impact Zone Areas would not add to the cumulative impact. Ms Sharkey advised that Ms Ahmed successfully operated a similar Premises near Leicester Square Tube Station and that the store was located within the CIA. It is envisaged that the Premises will not add to or have an impact on CIA. She confirmed that alcoholic beverages will be priced higher than those sold in nearby premises such as Tesco and that only a small percentage of the shop floor will be used to display alcohol. Ms Sharkey reminded the Sub-Committee that the Premises was primarily operated as a convenience store and will not be of attraction to individuals who wish to purchase cheap alcohol or pre load on beverages. The Sub-Committee carefully considered all the evidence and agreed to grant the sale by retail of alcohol (off) and commented that the proposed time scales were within core hours and that they were satisfied that the controls and conditions put forward would not add to the cumulative impact and would ultimately have the effect of promoting the licensing objectives . The Sub-Committee noted that the Council’s late night refreshments policy included fast food and that licences should only be granted when exceptional circumstances can be demonstrated. The Sub-Committee commented that they had taken into consideration the points raised by the Application, however, they decided that the Applicant had failed to demonstrate how the Premises fall under the ‘exceptional circumstances’ rule. The Sub-Committee noted that whilst the application had minimal representation this did not in itself warrant for a derivation from Policy. The Sub-Committee noted that Condition 24 no longer applied.
2.	Sale by retail of alcohol (Off) Monday to Saturday: 08:00 to 23:00 Sunday: 10:00 to 22:30
	Amendments to application advised at hearing: The Sub-Committee was advised that the requested hours for sale of alcohol on Sunday was 10:00 to 22:30hrs and not 08:00 to 23:00 as detailed in the report.
	Decision (including reasons if different from those set out in report): The application was granted, (reasons for decisions are detailed in Section 1) subject to conditions as set out below
3.	Opening Hours of the premises Monday to Sunday: 00:00 to 00:00
	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. Licensable activities shall at all times be ancillary to the main function of the premises as a convenience store.

10. 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.

11. 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 are 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.

12. All sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only, and shall not be consumed on the premises.

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

14. 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.

15. 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.

16. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

17. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

18. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

19. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed within 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, proof of age card with the PASS Hologram and military ID cards.

21. 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

22. 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 emergency service.

23. 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.

Supporting documents:

Unit 29 Trocadero report redacted, item 4. PDF 1 MB