Agenda item - 3 Norris Street, London, SW1Y 4RJ

3 Norris Street, London, SW1Y 4RJ

Meeting of Licensing Sub-Committee (1), Thursday 11th April, 2019 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ Not in Cumulative Impact Area

3 Norris Street London SW1Y 4RJ

New Premises Licence

19/01287/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 11^th April 2019

Membership: Councillor Angela Harvey (Chairman), Councillor Jacqui Wilkinson and Councillor Aicha Less.

Legal Adviser: Horatio Chance

Committee Officer: Toby Howes

Presenting Officer: Kevin Jackaman

Relevant Representations: Environmental Health and the Licensing Authority.

Present: Craig Baylis (Solicitor, representing the Applicant), Sarah Claridge (Asset Manager, Applicant Company), Dave Nevitt (Environmental Health) and Daisy Gadd (Licensing Authority).

3 Norris Street, London, SW1Y 4RJ (“The Premises”) 19/01287/LIPN
1.	Late night refreshment
	Monday to Thursday: 23:00 to 23:30 Friday and Saturday: 23:00 to 00:00 Seasonal variations/non-standard timings: From start time on New Year’s Eve to the finish time on New Year’s Day.
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): At the start of the hearing, the Sub-Committee agreed to Craig Baylis’s (Solicitor, representing the Applicant) request that this application be considered simultaneously with item 4 on the agenda (Basement and Ground Floor, 69/71 Haymarket, London, SW1Y 4RW) as both applications were closely linked with each other and were from the same Applicant. Mr Baylis began by stating that the Applicant was taking stock of the large number of licenced premises it had, with many of these had licences predating 2005 and had therefore been in existence before the Licensing Act 2003 had come into effect. The Applicant had taken pre-application advice from Environmental Health and had held two meetings with them and two pre-application reports had been produced. It was submitted that the Applicant was seeking to swap the use of 3 Norris Street with 69/’71 Haymarket so that 3 Norris Street became a bar and 69/71 Haymarket a restaurant. Mr Baylis stated that in the case of 3 Norris Street, the Applicant wished to increase footfall in the area and as there were already a number of restaurants at this location, it was felt that a bar would create more choice for customers and attract more people in the area. As the St James’s redevelopment was around the corner from the Premises, customers coming to this area after the redevelopment was complete would also welcome the wider choice that would be offered by the presence of a bar. The application was within core hours and a number of conditions were proposed, including that substantial food will be available throughout the Premises at all times and conditions relating to capacity. Mr Baylis added that the Premises would operate as a high end, food driven public house. Mr Baylis acknowledged that the Premises was located in a cumulative impact area and he referred to paragraph 2.4.6 which set out exceptions to the City Council’s Statement of Licensing Policy which he felt applied in this case. Turning to 69/71 Haymarket, Mr Baylis stated that the Premises currently had a pre Licensing Act 2003 licence that allowed for vertical drinking and it had no capacity limit. The application proposed to change the use of the Premises to a restaurant with all the standard conditions that would apply to restaurant premises licence, including the standard model restaurant condition 66. Sarah Claridge (Asset Manager, Applicant Company) then addressed the Sub-Committee and explained that the Applicant was taking a long term approach to its licensed property portfolio. The approach was underpinned by retail, governance and leasing strategies. It was stated that the Applicant intended to help contribute to areas becoming distinctive, stimulating and eclectic. In respect of 3 Norris Street, two restaurants in the area had already closed and it was felt that locating a bar there would be ideal. The 69/71 Haymarket site had an old public house licence and the intention was to turn it exclusively into a restaurant facility. Daisy Gadd (Licensing Authority) addressed the Sub-Committee and confirmed that she was maintaining her representation for 3 Norris Street because the proposal was for a bar in a cumulative impact area. Therefore the Applicant needed to demonstrate that their proposals represented an exception to Policy. She also emphasised that the Applicant should surrender their current licence if this application was granted and welcomed the Applicant’s intention to do so. With regard to 69/71 Haymarket, Ms Gadd noted that the Premises was also located in a cumulative impact area and submitted that policy RNT2 needed to be taken into consideration. Ms Gadd also requested that model condition 62 be added requiring the Applicant to surrender their current licence before any licensable activities can take place at the Premises. Dave Nevitt (Environmental Health) then addressed the Sub-Committee and referred to the pre-application reports in the report. He welcomed the proposals to reduce hours to core hours for both applications and that each would have a number of conditions attached to their licence, making them highly regulated premises. In respect of 3 Norris Street, Mr Nevitt felt that he could not see how residents would be impacted by the proposals when considering the non-residential nature of the area and in practical terms he did not think the application would add to cumulative impact, adding that if anything the conditions added may help improve the area. With regard to 69/71 Haymarket, Mr Nevitt advised that as there may be a refurbishment of these premises that the capacity limit may change, and therefore model works conditions 81 and 90 should apply. Mr Baylis confirmed on behalf of the Applicant acceptance of model condition 62 for 69/71 Haymarket as requested by Ms Gadd. In respect of 3 Norris Street, he stated that the application represented a significant reduction in hours for licensable activities compared to the current licence. He also felt that the Police’s withdrawal of their representation demonstrated that this application was an exception to policy. The Sub-Committee granted the application and welcomed the surrender of the current licence before this licence would be issued. In determining the application, the Sub-Committee noted Mr Nevitt’s view that the application would not impact upon residents or add to cumulative impact and that the conditions to be attached may help improve the area and also that the Police had withdrawn their representation. In addition, the application for all licensable activities was within core hours, with the application representing a reduction in hours for licensable activities compared to those on the current licence. The Sub-Committee also considered that the conditions would assist the Applicant in upholding the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and accordingly the application was granted.
2.	Sale by retail of alcohol (on and off sales)
	Monday to Thursday: 10:00 to 23:30 Friday and Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30 Seasonal variations/non-standard timings: From start time on New Year’s Eve to the finish time on New Year’s Day.
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): Granted, subject to conditions as set out below (see reasons for decision in Section 1).
3.	Hours premises are open to the public
	Monday to Thursday: 10:00 to 23:30 Friday and Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30 Seasonal variations/non-standard timings: From start time on New Year’s Eve to the finish time on New Year’s Day.
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): Granted, subject to conditions as set out below (see reasons for decision 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. Substantial food shall be available throughout the premises at all times.

10. The capacity of the mezzanine floor shall not exceed 40 persons.

11. The supply of alcohol on the mezzanine level shall only be to persons seated taking a table meal there and for consumption by such a person as ancillary to their meal premises after 23.00.

12. The number of persons (excluding staff) permitted in the premises (to include the external areas) at any one time shall not exceed 215.

13. No licensable activities shall take place at the premises until premises licence 18/12317/LIPT (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.

14. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements for 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.

15. 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.

16. A Challenge 25 scheme shall be in operation at the premises.

17. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.

18. 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.

19. 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.

20. All outside tables and chairs shall be rendered unusable by (23.00) each day.

Supporting documents:

3 Norris Street Report, item 3. PDF 1 MB