Agenda item - 47 - 49 Charing Cross Road, London, WC2H 0AN

47 - 49 Charing Cross Road, London, WC2H 0AN

Meeting of Licensing Sub-Committee (1), Thursday 11th April, 2019 10.00 am (Item 5.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ West End Cumulative Impact Area

47 - 49 Charing Cross Road London WC2H 0AN

New Premises Licence

19/00948/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: Licensing Authority.

Present: Alun Thomas (Solicitor, representing the Applicant), Andy Hing (Asset Manager, Applicant) and Daisy Gadd (Licensing Authority).

47 - 49 Charing Cross Road, London, WC2H 0AN (“The Premises”)

19/00948/LIPN

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):

Alun Thomas (Solicitor, representing the Applicant) began by stating that the Applicant, Shaftesbury, was a landlord who made every effort to ensure that quality tenants occupied their properties, as in line with the City Council’s Statement of Licensing Policy. The Applicant had not had any tenants who had been subject of a review of their premises licence. Mr Thomas advised that the Applicant was currently seeking a tenant for these Premises. A high end Swedish deli operated opposite the Premises. With regard to capacity, Mr Thomas stated that the upper floor would be around 120 persons, the ground floor around 80 to 90 persons and the basement around 20 to 30 persons. He referred to the plans and highlighted where a ‘holding bar’ would be which would be fully seated. The Sub-Committee heard that the Premises had held a premises licence in the past, but this had lapsed three years ago and there was already existing planning permission for a restaurant. Mr Thomas acknowledged that the Premises was located in a cumulative impact area (CIA) and although the application went 30 minutes beyond the terminal core hour from Sunday to Thursday, the hours applied for matched what was permitted under the planning permission and the hours on Friday and Saturday were within core hours. Mr Thomas contended that the application could not add to cumulative impact in the CIA as it was not applying for a new use and the full restaurant model condition was proposed. Policy RNT2 also recognised that restaurants had a low association with crime and disorder therefore were unlikely to add to cumulative impact. As such, Mr Thomas therefore felt that the Applicant did not need to demonstrate an exception to Policy. The Sub-Committee noted that the upper floor had been ancillary to the restaurant and the Premises had been open until 23:30 hours under the previous operator.

Mr Thomas felt that as the Premises was located along a busy road near Leicester Square tube station at the edge of China Town, that the proposals and the hours applied for were highly appropriate and policy HRS1 recognised that applications for restaurant use should be dealt with on the merits of each individual case. Most licenced premises in the area remained open until at least 00:00 hours and some even later until 03:00 hours. There were plenty of public transport options for customers and staff, including three tube lines that used Leicester Square tube station that also benefitted from a later tube service on Friday and Saturday evenings, whilst night buses also operated in the area.

During discussions by the Sub-Committee, the Chairman noted that by using the upper floor, the Premises was effectively doubling its capacity and in view of that there would be residents living above the Premises, she asked if there had been any suitable acoustic treatment undertaken to obtain planning permission. She also asked how residents would access their homes.

In reply, Andy Hing (Asset Manager, Applicant) advised that it was the Applicant’s policy to undertake acoustic treatment for licenced premises and this application had benefitted from a high level treatment. He added that residents would enter the building from the Newport Street entrance.

Daisy Gadd (Licensing Authority) advised that she was maintaining her representation on the grounds that the application was outside core hours. She informed the Sub-Committee that the previous licence had permitted the sale of alcohol up until 23:00 hours. In respect of the proposed bar area on the ground floor, Ms Gadd advised that proposed condition 11 stated that alcohol could only be served before, during or after a substantial table meal. Proposed conditions 9, 10 and 11 also satisfied policy in respect of paragraph 2.5.3. Ms Gadd stated that the proposed bar area was much smaller than the restaurant area and an appropriate capacity limit should therefore be set. She added that the Applicant must demonstrate that they will not add to cumulative impact as the Premises was located in a CIA.

During discussions by the Sub-Committee, the Chairman, in reference to proposed condition 11, stated that in its currently worded form, customers could remain in the holding bar area for some time and she suggested that adding the word “immediately” before or after taking a table meal might be more appropriate.

In reply, Mr Thomas stated that all customers in the proposed holding bar area would be seated. The Premises was to be a restaurant and the Applicant did not want a drinking venue at this site, Mr Thomas felt that it would not be practical to not permit consumption of alcohol after customers had finished their meal as they may not yet have finished their drink. It was not anticipated that customers would remain in the holding bar area long after they had finished their meal and most customers would spend up to one hour and 30 minutes on the Premises. Mr Thomas suggested that a capacity of around 20 to 25 persons would be appropriate for the holding bar area as this would equate to around the 10% of floor space that the holding bar would occupy.

The Sub-Committee granted the application, subject to the application for licensable activities to be revised to core hours Monday to Sunday. In respect of opening hours, the Sub-Committee agreed to these remaining as proposed in order to provide a sufficient ‘winding down’ time from Sunday to Thursday, as acknowledged in paragraph 2.3.7 of policy. Condition 11 in relation to the bar area was amended to read “In the seated bar area shown on the plan, alcohol can only be consumed immediately before or after a substantial table meal there to a maximum of 24 seated customers” in order to help regulate the time customers could spend in the holding bar area. Condition 30 relating to plans was also amended to include that the licence would not come into effect until a revised plan be submitted, including identifying the seated bar area, in addition to the other requirements set out in this condition.

In determining the application, the Sub-Committee noted that although the Premises was located within a CIA, the application was for a restaurant which was less likely to add to cumulative impact and all licensable activities agreed would be within core hours. In addition, 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.

Sale by retail of alcohol (on and off sales)

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:00

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):

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

Hours premises are open to the public

Monday to Saturday: 07:00 to 00:00

Sunday: 08:00 to 23:00

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):

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

10. The supply of alcohol on the premises shall be by waiter or waitress service only.

11. In the seated bar area shown on the plan, alcohol can only be consumed immediately before or after a substantial table meal there to a maximum of 24 seated customers.

12. 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.

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

14. 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.

15. 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.

16. 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.

17. Challenge 21, a 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 or passport.

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. 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 or emergency service

19. 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.

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

21. 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 sweeping collected and stored in accordance with the approved refuse storage arrangements by close of business.

22. No waste or recyclable materials, including bottles, shall be moved, removed

from or placed in outside areas between 23.00 hours and 07.00 hours on the

following day.

23. No deliveries to the premises shall take place between 23.00 and 07.00 on the

following day.

24. No collections of waste or recycling materials (including bottles) from the

premises shall take place between 23.00 and 07.00 on the following day.

25. All waste shall be properly presented and placed out for collection no earlier than 30 Minutes before the scheduled collection times.

26. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a sexual entertainment Venue Licence.

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

28. No licensable 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.

29. The Licence will have no effect until the works shown on the plans appended to

the application have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

30. Before the premises open to the public, revised plans must be deposited highlighting the seated bar area and 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.

Supporting documents:

47-49 charing cross report, item 5. PDF 2 MB