Agenda item

Essentials, Unit 1, Leicester Square Station, Charing Cross Road, WC2H 0AP

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

St James’s Ward/ West End Cumulative Impact Area

Essentials, Unit 1, Leicester Square Station, Charing Cross Road, WC2H 0AP

Premises Licence

Variation

18/08641/LIPV

 

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 Transport for London (TFL in support of the application)

 

Present: Ms Lisa Sharkey (Solicitor  representing the Applicant) and Ms Daisy Gadd (Licensing Authority)

 

Essentials, Unit 1, Leicester Square Station, Charing Cross Road,

WC2H 0AP(“The Premises”) 18/08641/LIPV

1.

Late Night Refreshment (Both):

 

Friday to Saturday: 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 Variation to the Premises licence in respect of Unit 1, Leicester Square Station, Charing Cross Road, London WC2H 0AP.

 

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.  The Premises are 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 variation of a premises licence for Late Night Refreshment (on and off) the Premises Friday to Saturday: 23:00 to 05:00.  The Sub-Committee heard that the Premises currently operated as a convenience store and already benefited from a licence for the sale of alcohol off the Premises.  It was stated that Mr Ahmed (Applicant) had over 29 years’ experience managing and operating Convenience stores and was well accustomed to the local surrounding area.  Mr Ahmed was also a SIA Licence Holder and a Personal Licence Holder.  Mr Ahmed now wished to add Late Night Refreshment in line with the operation of the late night tube during the weekends.  The Sub-Committee was informed that the Premises had operated these hours under a number of Temporary Event Notices and there had been no Public Nuisance or complaints made to the relevant authorities.

 

Ms Sharkey advised that the application be granted under exceptional circumstances due to the Premises being located within  the underground public side concourse of Leicester Square tube station. Ms Sharkey advanced the argument further by stating, that there was a high level of security inside the Tube station and that people purchasing food from the Premises would be largely leaving the West End. The Sub-Committee noted that Transport for London had submitted a letter of support for the application and indicated that the Premises had no negative impact on them regarding Crime and Disorder or Public Nuisance.

 

The Licensing Authority had maintained their representation on policy grounds in accordance with Policy FFP2. Policy FFP2 states that “the grant of variations or new licences for fast food premises in the Cumulative Impact Areas should be limited to exceptional circumstances” and it is therefore for the Sub-Committee to decide if the application had demonstrated that it could be considered an exception to policy.

 

The Sub-Committee carefully considered all the evidence and decided to grant the application accordingly.  The Sub-Committee considered the application was an exception to policy due to the location of the Premises, the high level of security inside the Tube Station in terms of CCTV monitoring and security staff and that people purchasing food from the Premises would be largely leaving rather than staying in the West End so there would be no problem with the dispersal of customers.

The Sub-Committee noted that conditions had been agreed with both the Police and Environmental Health and that there had been no history of complaints at the Premises.  The Sub-Committee considered on balance that the conditions imposed on the Premises Licence to be appropriate and proportionate and was therefore satisfied that they would help promote the licensing objectives.

 

 

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

 

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

 

11.       Outside of the hours authorised for the sale of alcohol, all alcohol within the trading area is to be secured behind locked grilles/screens or secured behind locked cabinet doors so as to prevent access to the alcohol by both customers and staff save for restocking.

 

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

 

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

 

14.       There shall be no self-service of spirits on the premises except for spirit mixtures below 5.5% ABV (alcohol by volume).

 

15.       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.

 

16.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

17.       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.

 

18.       The premise 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 the Police or an authorised officer throughout the preceding 31 day period.

 

19.       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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

 

20.       A diary log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises are open.

 

21.       Licensable activities shall at all times be ancillary to the main functions of the premises as a convenience store.

 

22.       There shall be no primary cooking and late night refreshment food shall be limited to food reheated in a microwave or Panini grill operated by staff behind the counter.

 

Supporting documents: