Agenda item

Unit EC2, 73-75 Charing Cross Road, London, WC2H 0NE

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

St James’s Ward/     West End Cumulative Impact Area

Unit EC2

67-75 Charing Cross Road

London

WC2H 0NE

New Premises

Licence

 

19/03049/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 23rd May 2019

 

Membership:           Councillor Karen Scarborough (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

 

Legal Adviser:         Horatio Chance

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    The Metropolitan Police, Environmental Health, Licensing Authority and the Covent Garden Community Association

 

Present: Ms Chithra Somasundaram (Solicitor, representing the Applicant), Mr Kyung Tae Kweon (Applicant) and Miss Daisy Gadd (Licensing Authority)

 

Unit EC2, 73-75 Charing Cross Road, London, WC2H 0NE (“The Premises”)

19/03049/LIPN

 

1.

Sale by Retail of Alcohol – Off Sales

 

Monday to Saturday: 08:00 to 22:00

Sunday: 10:00 to 22:00

 

 

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 GKss Ltd (“The Applicant”) for a new premises licence in respect of Unit EC2, 73-75 Charing Cross Road, London, WC2H 0NE.

 

The Licensing Officer introduced the application and confirmed that the Police, Environmental Health and the Covent Garden Community Association had all withdrawn their representations following the agreement of conditions with the applicant.

 

Ms Somasundaram, representing the Applicant, advised the Sub-Committee that the Applicant was an accomplished specialist in supplying Korean produce. Various other similar establishments were already operated throughout London by the Applicant and this application formed part of an expansion plan. The company held a good reputation and after extensive consultation the Police, Environmental Health and the Covent Garden Community Association (CGCA) had all withdrawn their representations.

 

Miss Gadd, representing the Licensing Authority, confirmed that they had maintained their representation as the Premises was located in a Cumulative Impact Area (CIA) and the Applicant had to demonstrate that the application would not add to cumulative impact. It was recognised that the Premises was primarily a retail unit which would sell authentic Asian beverages for consumption at home with an Asian meal. The proposed hours for the off sales of alcohol were within core hours and it was confirmed that overall the Licensing Authority was content with the application.

 

The Sub-Committee carefully considered the application and noted that it was located within a CIA. However, the hours sought for the sale of alcohol were within core hours with the alcohol for sale consisting of mainly rice wine, sake and Asian beers for consumption at home. It was also noted that customers would not have direct access to the alcohol which would be located behind the cashiers counter. The Sub-Committee was pleased to note the extensive level of consultation undertaken by the Applicant with both the responsible authorities and local stakeholders. As a result the Police, Environmental Health and the CGCA had all withdrawn their representations. The Premises was located in a CIA, however the proposed conditions were considered appropriate and proportionate to ensure the promotion of the licensing objectives. They were also deemed restrictive enough to ensure the application would not add to cumulative impact in the local area. The niche character of the alcohol for sale and also the fact that it would be sold within core hours provided reassurance that the application would not create any public nuisance. The Sub-Committee therefore granted the application accordingly.

 

2.

Hours Premises are Open to the Public

 

Monday to Saturday: 08:00 to 23:00

Sunday: 09:00 to 22:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee granted the application (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 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.

 

5(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.

 

5(ii)     For the purposes of the condition set out in paragraph 5(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.

 

5(iii).   Where the permitted price given by Paragraph 5(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.

 

5(iv).   (1)      Sub-paragraph 5(iv)(2) below applies where the permitted price given by Paragraph 5(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.

 

Conditions attached after a hearing by the Licensing Authority

 

9.              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.

 

10.           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.

 

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

 

12.           Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

 

13.           No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, save for Asian alcoholic beverages such as premium Asian beers, ciders and sake wine.

 

14.           No single cans or bottles of beer or cider or spirit mixtures shall be sold at the premises, save for Asian alcoholic beverages.

 

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

 

16.           There shall be no self service of spirits on the premises, save for spirit mixtures less than 5.5% ABV, except for premium Asian beers, ciders and sake wine.

 

17.           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.

 

18.           All cashiers will receive refresher training on relevant alcohol laws and the licence holder’s policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and the nature of the training undertaken.  The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority.

 

19.           The licence holder shall ensure that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) for evidence of age.  This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced.

 

21.      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

(f) any refusal of the sale of alcohol

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

22.           On the Day of London Pride:-

i.       Alcohol sales in respect of cans of beer or cider are limited to no more than 4 cans per person.

ii.      The premises will not externally advertise local promotions of alcohol.

iii.    No sales of alcohol in bottles or glass containers are made during this period.

iv.    Upon the direction of a Police Officer, using the grounds of the prevention of crime and disorder or public safety, the premises will immediately cease to sell alcohol until further directed by the Police.

 

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

 

24.           Deliveries to the premises shall take place between 08:00-23.00 hours On Monday to Saturday and 10:00-21:00 hours on Sunday.

 

25.           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.

                                 

26.           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.

 

 

Supporting documents: