Agenda item

Slim Chicken, Ground And First Floor, 12 Moor Street, London, W1D 5NG

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward/ West End Cumulative Impact Area

Slim Chicken, Ground And First Floor, 12 Moor Street, London, W1D 5NG

Premises Licence Variation

18/12167/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No.4

Thursday 6 December 2018

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Susie Burbridge and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Environmental Health, Licensing Authority and Soho Society

 

 

Present: Mr Richard Pigott (Area Manager on behalf of the Applicant company), Mr Steve Burnett (Agent representing the Applicant), Mr Dave Nevitt (Environmental Health) and Ms Roxanna Haq (Licensing Authority)

 

Slim Chicken, Ground and First Floor, 12 Moor Street, W1D 5NG (“The Premises”) 18/12167/LIPV

1.

This variation application seeks the following:

 

1. To vary the layout of the premises in accordance with plans supplied by the applicant. Main changes include rebranding as "Slim Chicken" to incorporate a new first floor trading area, to amend the basement by moving toilets to the mezzanine floor and internal changes to the ground floor layout.

 

2. To amend and add conditions as detailed below:

 

Remove the current conditions 9 and 12 and replace with the following condition:

 

The supply of alcohol for consumption on the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

3. To add off sales for the supply of alcohol with a condition that "off sales should only be supplied ancillary to a takeaway meal or meal delivery to a bona fide address".

 

Apart from the inclusion of off-sales of alcohol, all licensable activities, permitted hours and opening hours are to remain as existing.

 

 

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 Giraffe Concepts Limited (“the Applicant”) for a new licence in respect of Ground and First Floor, 12 Moor Street, W1D 5NG.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Environmental Health Team and Licensing Authority had maintained their representation on policy grounds and that there had been residential representations from the Soho Society.  The Soho Society, however, were now satisfied with the application as conditions had been agreed with the Responsible Authorities.  The Sub-Committee noted that the Licensing Authority had removed any reference to PB2 and RNT2 as they were not relevant to the application and style of operation and that the Metropolitan Police Force had withdrawn their representation.

 

Mr Burnett ((Agent representing the Applicant) advised that the application was for a variation of a premises licence to vary the layout of the premises and to amend and add conditions regarding the supply of alcohol that would only be sold with a meal on and off the premises.  The Sub-Committee heard that this was an American based diner and that the principal change other than from principally burgers to principally chicken was a new trading area on the first floor.  The Sub-Committee further heard that the capacity had increased to 35 persons, but that this alteration would not adversely affect the cumulative impact area.  This was because this type of premises did not cause a nuisance and the additional conditions that would be added to the licence would promote the licencing objectives. It was also noticed that there was no capacity at all on the existing premises licence. 

 

Mr Dave Nevitt (Environmental Health) advised that Environmental Health had maintained their representations on policy grounds but were now satisfied that the proposed conditions would promote the licensing objectives.  The Sub-Committee noted that the hours sought were within the Council’s Core Hours Policy and that the Applicant had sought advice from the Responsible Authorities regarding their application and amended it accordingly. 

 

Roxsana Haq (Licensing Authority) confirmed that the Licensing Authority had maintained their representation as this was a variation for a premises licence located in a cumulative impact area and residential representations had been received from the Soho Society.  The Sub-Committee noted that the Licensing Authority was now satisfied with the application as the residential concerns had been addressed with the proposed conditions being attached to the licence.

 

The Sub-Committee considered whether they should restrict the licence to the Applicant ‘Giraffe Concepts Limited only, however, Mr Burnett advised that he did not think this was necessary as the premises could only operate as a restaurant under the premise licence.

 

 

 

The Sub-Committee carefully considered all the evidence and decided to grant the application.  The Sub-Committee noted that conditions had been agreed with both the Licensing Authority and Environmental Health Service and that the Police had withdrawn their representation.  The Sub-Committee further noted there had been no history of complaints at the premises. There were also some significant improvements with the variation application as compared with the existing licence. The additional conditions that had been agreed meant that the sale of alcohol for consumption on the premises could now only be served to seated persons by waiter or waitress service. In addition, the supply of late night refreshment for consumption off the premises had effectively been cut back by one hour every night of the week and there was no provision of any late night refreshment for immediate consumption off the premises.    

 

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. It was considered that, overall, the variation application would not add to cumulative impact.

 

 

Conditions attached to the Licence

 

Mandatory:

 

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.

 

9.         Alcohol may be sold or supplied:

 

(a)        On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 10:00 to 00:00;

 

(b)        On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday: 12:00 to 23:30;

 

(c)        On Christmas Day: 12:00 to 22:30;

 

(d)        On New Year's Eve, except on a Sunday, 10:00 to 23:00;

 

(e)        On New Year's Eve on a Sunday, 12:00 to 22:30;

 

(f)        On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

 

NOTE - The above restrictions do not prohibit:

 

(a)  during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

 

(b)        during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

 

(c)        the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

 

(d)        the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

 

(e)        the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f)         the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

 

(g)        the taking of alcohol from the premises by a person residing there;

 

(h)        the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

 

(i)         the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

 

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

 

10.       The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

 

 

11.       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.

 

12.       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 premise 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.

 

13.       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.

 

14.       Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

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

 

16.       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.

 

17.       Sales of alcohol for consumption off the premises shall be supplied in sealed containers, and ancillary to, a take-away meal or meal delivery to a bona fide address.

 

18.       The number of persons permitted in the First Floor of the premises at any one time (excluding staff) shall not exceed 35 persons.

 

19.       The supply of alcohol shall be by waiter or waitress service only.

 

20.       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.

 

21.       A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record 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 is open.

 

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

 

23.       No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.

 

24.       There shall be no sales of alcohol for consumption off the premises after 23:00 hours.

 

25.       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 faults in the CCTV system, searching equipment or scanning equipment

 

(f) any refusal of the sale of alcohol

 

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

 

26.       The premise shall only operate as a restaurant:

 

(i) which provides food in the form of substantial table meals which have been prepared on the premises and are served and consumed at the table using recyclable or non-disposable crockery;

 

            (ii) which does not provide any takeaway service of food or drink for immediate consumption; and

 

            (iii) which does not provide any takeaway service of food or drink after 23:30hrs on Monday to Saturday and 23:00hrs on Sundays.

 

Supporting documents: