Agenda item - Brasserie Of Light (First Floor Duke St Entrance), Selfridges, 400 Oxford Street, London, W1A 1AB

Brasserie Of Light (First Floor Duke St Entrance), Selfridges, 400 Oxford Street, London, W1A 1AB

Meeting of Licensing Sub-Committee (6), Thursday 28th February, 2019 10.00 am (Item 1.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Marylebone High Street Ward/ Not in Cumulative Impact Area

Brasserie Of Light (First Floor Duke St Entrance)

Selfridges

400 Oxford Street

London

W1A 1AB

New Premises Licence

18/14882/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.6

Thursday 28 February 2019

Membership: Councillor Melvyn Caplan (Chairman), Councillor Heather Acton and Councillor Aicha Less

Legal Adviser: Barry Panto

Committee Officer: Sarah Craddock

Presenting Officer: Kevin Jackaman

Relevant Representations: One resident (objecting) and Selfridges Retail Ltd (in support).

Present: Clare Eames (Solicitor - Poppleston Allen representing Selfridges), Adam Laverty (Legal Counsel at Selfridges), Stephen Walsh Q.C. (Counsel, representing the applicant), Bruce Langlands (Applicant – Food and Restaurants Director), Karthek Chandran (General Manager), George Jones (Property Director for Harry’s Bar) and Richard Brown (Citizens Advice Bureau, representing the local resident).

Brasserie of Light (First Floor Duke St Entrance), Selfridges, 400 Oxford Street, W1A 1AB (“The Premises”) 18/14882/LIPN
1.	Live Music: Unamplified/amplified music will be via artists singing, DJ, bands and other music of a similar nature. (Indoors) Recorded Music: Amplified music played on a loud speaker system (Indoors) Monday to Sunday: 09:00 to 00:00 Seasonal variations/Non-standard timings: The premises may remain open for the sale of alcohol and the provision of late night refreshment and regulated entertainment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities 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 Harry’s Bar Restaurants Limited (“the Applicant”) for a new Premises licence in respect of Brasserie of Light (First Floor Duke St Entrance), Selfridges, 400 Oxford Street, W1A 1AB. The Presenting Officer provided an outline of the application to the Sub-Committee. He advised that the applicant had requested the same hours currently permitted by virtue of the existing premises licence held by Selfridges Retail Limited. He further advised that Selfridges Retail Limited was in support of the application and that a local resident had sent in a representation against the application. He confirmed that the premises was not located in a cumulative impact area. Mr Walsh (representing the applicant) advised that the Sub-Committee had before it an application for a new premises licence. He stated that Harry’s Bar Restaurants Limited had requested the same hours currently permitted by the existing licence held by Selfridges Retail Limited for the Ground and First Floor Licensed Premises within the Selfridges Departmental Store. Mr Walsh outlined that the premises had opened in November 2018 as the Brasserie of Light and had traded since then (pursuant to the existing Selfridges Licence) without causing concern from the Responsible Authorities or residents. Mr Walsh advised that Harry’s Bar Restaurant had been granted a 15 year’ lease of the premises by Selfridges Retail Ltd and that they considered that it was appropriate to hold the premises licence as they would be the ones managing and operating the restaurant. Mr Walsh referred to the premises plans and emphasised that there was no change to the licensing activities, the layout of the premises or the entrances and exits to the restaurant. He also added that the applicant had an Operational Management Plan, which set out details regarding the arrival and departure of guests, the staffing arrangements, the training of staff and delivery arrangements. Mr Walsh confirmed that there were further restrictions to this new licence with the addition of proposed condition 10 which ensured that ‘the supply of alcohol shall only be to seated persons and by waiter or waitress service, except for the hatched area around the bar’ and proposed condition 12 that added a capacity figure to the licence. Mr Walsh advised that both Harry’s Restaurant Bar and Selfridges Retail Ltd had contacted the local resident who had made representations against the new application and, through these discussions, the applicant had agreed to add two further conditions to the licence regarding the availability of a telephone number for the premises and arrangements for meeting with residents. Mr Walsh referred to the request from the local resident for the model restaurant condition to be added to the premises licence. Mr Walsh advised that the applicant could not operate these premises with this condition attached to the licence as this stipulation had not been included as part of the Lease Agreement with Selfridges Retail Limited. Mr Walsh confirmed that the existing premises licence was granted in 2017 under the express understanding that it would operate as a restaurant/bar and with no requirement for the consumption of alcohol to be ancillary to a table meal. Clare Eames confirmed that Selfridges were in support of this application and considered it perfectly proper that Harry’s Restaurant Bar held the premises licence as they would be managing and operating the premises. She advised that Selfridges Retail Ltd had the same arrangement with other premises operators in Selfridges and explained how Selfridges worked in partnership with these premises to promote the Selfridge brand. Mr Brown (representing the local resident) advised that the resident was concerned that the premises would turn into a bar if the restaurant condition was not added to the licence and the noise nuisance and anti-social behaviour this might cause in the late evenings and at night in the Oxford Street area. Mr Brown further advised that the premises, although located inside of Selfridges, was a stand-alone premises and therefore did not add to the customers’ shopping experience in Selfridges. He stated that the restaurant condition had not been requested throughout the premises but only where customers were seated at a table. He confirmed that the local resident considered the applicant a responsible operator and had been pleased that the applicant had met with her and had agreed to add conditions 10 and 12 to the licence. Mr Brown requested that a further condition stating ‘that the licence holder comply with the Operational Management Plan’ be also attached to the licence. In response to Mr Brown, Mr Walsh confirmed that he was happy to add a condition that the licence holder comply with the Operational Management Plan. He advised that the original application was consulted with the Responsible Authorities and the reality was that the premises had been successfully trading without concern since November 2018. He emphasised that if a restaurant condition was imposed on the licence it would radically change the nature of the business and reduce the flexibility the licence required to be commercially successful. Mr Walsh further emphasised that the applicant had agreed to add condition 10 to the licence and hoped that having this condition would go some way to alleviate the resident’s concerns about the new licence. There was no requirement for customers to be seated or for them to be served by waiter or waitress service under the existing licence for Selfridges so this proposal did involve a tightening up of the licensing requirements in any event. In response to Mr Brown, Clare Eames advised that Harry’s Restaurant Bar was not a stand-alone restaurant and was very much an integral part of Selfridges. She stated that there was a number of food and beverage offers within the store and it was very important that they all contributed towards the customer experience and Selfridge’s brand. The Sub-Committee had regard to the oral and written submissions from the applicant, the written representation from the local resident and the oral representations from Richard Brown representing the local resident. After careful consideration, the Sub-Committee agreed to grant the application with the additional conditions being attached to the licence: namely, the availability of a telephone number, the timeframe for resident meetings and the licence holder complying with the Operational Management Plan. The Sub-Committee noted that the premises was not located in a cumulative impact area. The new restaurant could have continued to operate under the existing licence, but this proposal had tighter requirements and there had been no problems with the operation of the restaurant under the existing licence. In those circumstances, 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.	Light Night Refreshment (Indoors) Monday to Sunday: 23:00 to 00:00 Seasonal variations/Non-standard timings: The premises may remain open for the sale of alcohol and the provision of late night refreshment and regulated entertainment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities 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.	Sale by retail of alcohol (on the premises) Monday to Sunday: 09:00 to 00:00 Seasonal variations/Non-standard timings: The premises may remain open for the sale of alcohol and the provision of late night refreshment and regulated entertainment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities 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.	Hours premises are open to the public Monday to Sunday: 07:00 to 00:30 Seasonal variations/Non-standard timings: The premises may remain open from the terminal hour on New Year's Eve through to the commencement time 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 consistent with the Operating Schedule

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.

9. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

10. The supply of alcohol shall only be to seated persons and by waiter or waitress service, except for the hatched area around the bar.

11. There shall be no vertical drinking at the premises save for those persons in the hatched area around the bar up to a maximum of 30 persons.

12. No licensing activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.

13. A Challenge 21 proof of age scheme shall be operated 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.

14. 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.

15. 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.

16. 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 will be stored for a minimum period of 31 days with the 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.

17. 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 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.

18. 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

(g) Any refusal of the sale of alcohol

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

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

20. 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.

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

22. 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.

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

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

25. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

26. Licensable activities can be provided from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

27. 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.

28. 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.

Conditions attached after a hearing by the Licensing Authority

29. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

30. The Premises Licence Holder will meet with residents should they request in writing to do so upon providing the Premises Licence Holder 14 days notice in which to arrange the meeting.

31. The Licence Holder will comply with an Operational Management Plan, a copy of which will be retained at the premises and immediately produced when requested by a Police Officer or an Environmental Health Officer.

Supporting documents:

Report Selfridges_Redacted, item 1. PDF 5 MB