Agenda item
Arro Coffee, Basement and Ground Floor, Chiltern Street, London, W1U 6NQ
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No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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2. |
Marylebone Ward/ Not in Cumulative Impact Area |
Arro Coffee Basement and Ground Floor 67 Chiltern Street London, W1U 6NQ |
New Premises Licence |
19/04131/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 13th June 2019
Membership: Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less.
Legal Adviser: Barry Panto
Committee Officer: Toby Howes
Presenting Officer: Kevin Jackaman
Relevant Representations: Environmental Health and 3 local residents (2 objecting and 1 supporting application).
Present: Iolanda Meola (on behalf of Galleria Café Ltd, the Applicant Company) and Dave Nevitt (Environmental Health).
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Arro Coffee, Basement and Ground Floor,67 Chiltern Street, London, W1U 6NQ (“The Premises”) 19/04131/LIPN
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1. |
Sale by retail of alcohol
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On sales:
Monday to Sunday: 11:00 to 21:30
Off sales:
Monday to Sunday: 08:00 to 21:30
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Amendments to application advised at hearing:
During the course of the hearing, the applicant confirmed that she would be content for the commencement hour for the sale of alcohol for on and off sales on Sunday to be within core hours (10:00 for off sales and 12:00 for on sales).
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Decision (including reasons if different from those set out in report):
Kevin Jackaman (Presenting Officer) confirmed that the Police had withdrawn their representation after agreeing conditions with the Applicant Company
IolandaMeola (on behalf of the Applicant Company) began by informing the Sub-Committee that the premises operated as an Italian café, offering Italian products. It was intended to offer products such as Prosecco and red wine in order to increase the customer offer. Iolanda Meola stated that wine would be made available as part of the aperitif period between 17:00 to 20:00, along with Italian food.
The Sub-Committee asked if it was intended to make wine available to customers outside of the aperitif period to consume within the premises and the reasons as to why there were proposals to sell off sales of alcohol between 08:00 and 21:30 Monday to Sunday. Furthermore, Members asked if the Applicant Company would be content to restrict sale of alcohol for both off and on sales to within the commencement hour for core hours on Sunday. Members also asked whether customers could be seated both inside and outside the premises.
In reply, Iolanda Meola stated that wine would be available for customers for consumption on the premises in the afternoon and evening outside of the aperitif period. An application for off sales of alcohol between 08:00 and 21:30 Monday to Sunday had been made so that, for example, customers could purchase gift boxes that would include wine during these times and that such sales would be particularly popular during the Christmas period. Iolanda Meola confirmed that customers would be able to eat and drink both inside and outside of the premises, although most would be seated inside, however the café was small. There were also some benches outside for customers to be seated, where they could also smoke. Iolanda Meola confirmed that she would be content for the commencement hour for the sale of alcohol for on and off sales on Sunday to be within core hours (10:00 for off sales and 12:00 for on sales).
Dave Nevitt (Environmental Health) confirmed that he was maintaining his representation on the basis of residents’ objections. He stated that the plans were helpful in setting out the layout of the premises which was very small. In policy terms, the application was acceptable as long as licensable activities remained within core hours and there were a number of conditions proposed. Dave Nevitt felt that proposed condition 9 stating that licensable activities were to be ancillary to the premises main function as a coffee shop would ensure that the premises could not become a bar. He added that proposed conditions 44 and 45 also further strengthened protection against the premises becoming a bar by preventing the sale of beers and ciders above 5.5% ABV unless they were of premium quality and preventing the sale of draft beer. Condition 46 would prevent vertical drinking as consumption of alcohol was only permitted where customers were seated. Dave Nevitt also advised that he had no concerns with regards to the operator.
In reaching its decision, the Licensing Sub-Committee also had regard to the comments made by the three local residents, none of whom had attended the hearing. One of the representations against the application was very generic in nature and another was in support of the application. There was one more significant representation against the application which made reference to problems in the neighbourhood, but which also suggested that that these premises were a source of noise nuisance and anti-social behaviour. In the absensce of any other residents making similar representations and the absence of the resident who made the representations, the Licensing Sub-Committee decided that only limited weight could be given to the concerns expressed, especially as there was no policy to refuse the application and the hours were now fully within core hours.
The Sub-Committee granted the application, subject to the hours for on sales of alcohol on Sunday to be 12:00 to 21:30 and off sales of alcohol on Sunday to be 10:00 to 21:30, as agreed by Iolanda Meola during the course of the hearing and to ensure that this activity remained within core hours on Sundays. The Sub-Committee also amended condition 18 to read:
All sales of alcohol for consumption off the premises shall be limited to: a. Sales in sealed containers that are not for consumption on the premises. b. Sales for consumption by persons who are seated in the external private forecourt of the premises. The Sub-Committee amended condition 18 in order to ensure that consumption of alcohol would be permissible in the external private forecourt of the premises.
In determining the application, the Sub-Committee noted that the premises was not located in a cumulative impact area, the proposed hours for licensable activities were within core hours and would be ancillary to the premises’ main function as a coffee shop. In addition, the Sub-Committee also considered that the conditions to be added to the premises licence would assist the Applicant Company in upholding the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and accordingly granted the application.
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2. |
Hours premises are open to the public |
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Monday to Sunday: 07:00 to 22:00
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Amendments to application advised at hearing:
None. .
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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).
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Conditions attached to the Licence
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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;
(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.
Additional Conditions
9. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a coffee shop.
10. 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.
11. Locations of fire safety and other safety equipment subject to change in accordance with the requirements of the responsible authorities or following a risk assessment.
12. Any detail shown on the plan that is not required by the licensing plans regulations is indicative only and subject to change at any time.
13. A thirty minute drinking up time following the last permitted sale of alcohol shall be in place, to ensure a smooth and orderly cooling off period leading up to the closing of the premises
14. 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.
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. 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. all seizures of drugs or offensive weapons f. any faults in the CCTV system, searching equipment or scanning equipment g. any refusal of the sale of alcohol h. any visit by a relevant authority or emergency service. 17. The Premises Licence Holder shall display crime prevention posters/material aimed at preventing the theft or loss of personal possessions. These posters/materials will be affixed/displayed in prominent positions to be agreed between the Premises Licence Holder and the Westminster Police Licensing Team within the premises. 18. All sales of alcohol for consumption off the premises shall be limited to: a. Sales in sealed containers that are not for consumption on the premises. b. Sales for consumption by persons who are seated in the external private forecourt of the premises. 19. Appropriate fire safety measures will be installed and maintained as shown on the plans attached to this licence. 20. 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. 21. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated. 22. 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. 23. 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 arrangements by close of business. 24. No collections of waste or recycling materials (including bottles) from the premises shall take place between 20:00 and 08:00 on the following day. 25. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 21:30 and 08:00 hours on the following day. 26. No deliveries to the premises shall take place between 20:00 and 08:00 on the following day.
27.
All waste shall be properly presented and placed out
for collection no earlier than 30 minutes before the scheduled
collection times. 28. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly. 29.
Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly. 30. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway. 31. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by staff so as to ensure that there is no public nuisance or obstruction to the public highway. 32. The Premises Licence Holder shall not permit a queue to form outside the premises after 20:00 hours daily. 33. No person on behalf of the premises or on behalf of a person carrying or attempting to carry on a licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway within the specified area outlined below for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited within the immediate vicinity outside the premises. For the purpose of this section: 'Directly' means:- employ, have control of or instruct. 'Indirectly' means allowing / permitting the service of or through a third party. 34. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises 35. The number of seated persons inside the premises (excluding staff) shall not exceed 20 persons. 36. 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 37. 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.
38.
The Premises Licence Holder shall arrange staff
training in relation to underage sales and refusal of service. This
training shall include how to seek ID in accordance with the
Challenge 25 proof of age scheme. All staff training shall be
documented and made available to the Responsible Authorities on
39. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime. 40. There shall be no self-service of alcohol at the premises.
41. Patrons permitted to temporarily leave and then re-enter the premises, eg to smoke, shall not be permitted to take drinks or glass containers with them, with the exception of those patrons who are seated within the dedicated outside seating area.
42. 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.
43. No super strength beer, lagers, ciders of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.
44. No draft beer shall be sold at the premises
45. The consumption of alcohol in the premises, including the external forecourt area, shall only be by persons seated
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Supporting documents:
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