Agenda item

Buns and Buns, 5 The Market Covent Garden, London, WC2E 8RA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

St James’s Ward/ West End Cumulative Impact Area

Buns and Buns, 5 The Market Covent Garden, London, WC2E 8RA

New Premises

Licence

19/04945/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27th June 2019

 

Membership:           Councillor Karen Scarborough (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:         Barry Panto

Policy Adviser:         Aaron Hardy

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Environmental Health, Licensing Authority, the Covent Garden Area Trust and the Covent Garden Community Association

 

Present: Mr Gary Grant (Counsel, representing the Applicant), Mr Andrew Wong (Solicitor, representing the Applicant), Mr Alex Zibi and Mr Ozgur Karakas (representing the applicant company), Mr Ian Watson (Environmental Health) and Ms Angela Seaward (Licensing Authority)

 

Buns and Buns, Unit 5C The Market, Covent Garden, London, WC2E 8RA (“The Premises”)

19/04945/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Sunday: 10:00 to 01:00

 

Seasonal Variations / Non-Standard Timings:

 

All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was advised by the applicant that the proposed Sunday hours for the sale by retail of alcohol had been reduced to between 10:00 to 00:00.

 

 

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

 

The Sub-Committee considered an application by Cgunit1 Ltd (“The Applicant”) for a new premises licence in respect of Buns and Buns, Unit 5C The Market, Covent Garden, London, WC2E 8RA.

 

The Licensing Officer introduced the application and confirmed that the applicant had reduced the proposed hours for licensable activities on Sundays to a terminal hour of 00:00 with the Sunday closing time also reduced to 00:30 hours.

 

Mr Grant, representing the applicant, explained that the ethos of the Premises was to provide fine/casual dining in relaxed surroundings. Customers would be served relatively quickly but with food of a very high standard. The Premises had been operating in Covent Garden since September 2018 and the Sub-Committee was advised that during this period it had established a very good reputation. The application had been submitted in order to capture some of the post-theatre crowd which were currently having to be turned away due to the Premises current closing hour. It was recognised that the Premises was located in a Cumulative Impact Area (CIA), but it was suggested that the proposals would not attract further people into the area and was just seeking to cater for those already within the locality. The application would simply provide a more diverse offer to those people seeking something to eat following a theatre performance. The Sub-Committee was advised that the Premises was operated by a very experienced management team.

 

Mr Grant advised that the Premises was located over two floors. The ground floor element was based in the piazza area of Covent Garden and had a retractable roof for when the weather was inclement. Under the current licence the basement area was permitted a standalone bar to operate to 20:30 hours for a maximum of 15 people. The application before the Sub-Committee proposed to remove this drink-led element from the licence as it wanted to operate solely as a restaurant. In exchange it was asked that an additional one hour in the evening and thirty minutes in the morning be permitted for licensable activities. It was explained that the provision for films and recorded music had been applied for but the Sub-Committee was reassured that the full model restaurant condition would apply throughout the Premises. The provision of films and recorded music would be limited to the basement area and had been applied for to cater for private dining events or parties. It would allow customers to bring their own playlists of music or show home movies or corporate presentations depending on the event. To ensure there was adequate noise control over the basement floor conditions had been offered, including a noise limiter condition and the Council’s model no noise nuisance condition.

 

Mr Grant advised that no residential objections had been received to the application and that the conditions proposed by the Covent Garden Community Association (CGCA) in their representation, including the implementation of a dispersal policy, had all been accepted by the applicant. The representation received by the Covent Garden Area Trust (CGAT) was acknowledged but whether it related to the licensing objectives was a matter for the Sub-Committee to decide. A supporting letter had also been received from Capco who managed the Covent Garden Market. The letter advised how Capco was sensitive to the operation of the various premises in the area and Buns and Buns had been a welcome addition to the Market. As such Capco was happy for the Premises to remain open for the longer proposed hours and was confident that this would have no negative impact on the Market or the surrounding area.

 

Mr Grant concluded that the application would not attract people into the area but would simply provide a more diverse offer to those people already in the vicinity. The proposals were likely to have the effect of preventing people from moving around the CIA and with the restrictive conditions in place likely to actually reduce any potential cumulative impact. The Sub-Committee was also advised that if it was minded to grant the application the Premises current licence would be surrendered.

 

Ms Seaward, representing the Licensing Authority, confirmed that their representation was maintained as the Premises was located in a CIA and as such policies CIP1 and RNT2 had to be considered. It was acknowledged that the Council’s restaurant model condition had been offered by the applicant but the proposed hours for licensable activities were outside core hours and therefore the applicant had to demonstrate that the application would not add to cumulative impact in the local area. Ms Seaward also requested that if the Sub-Committee was minded to grant the application model condition 62 be imposed on the licence requiring the applicant to surrender their current licence.

 

Mr Watson, representing Environmental Health, addressed the Sub-Committee and responded to the representation received from CGAT over concerns raised that noise emanating from the Premises would affect the nearby street performers. The Sub-Committee was advised that the external area of the Premises was surrounded by a high glass perimeter boundary which could be fully enclosed by the retractable roof. This, in addition to recorded music being limited to the basement area, would limit any potential noise outbreak from the Premises. Also, appropriate conditions would be imposed on the Premises to ensure there was adequate noise control in place. The current licence permitted the use of a basement bar, but the proposals would remove this provision and replace it with more substantial seating. It was recognised that the conditions proposed by the CGCA had been accepted by the applicant and that the proposed Sunday hours had also been reduced. Mr Watson confirmed that the capacity of the Premises had not yet been confirmed but Mr Grant advised that this could be conditioned to a maximum of 158, excluding staff, as was permitted on the current licence.

 

In response to a question from the Council’s Legal Adviser the applicant confirmed that the Premises address on the licence should read Unit 5C The Market, Covent Garden.

 

After careful consideration the Sub-Committee agreed to grant the application. It was recognised that the Premises was located in a CIA and was seeking hours beyond the Council’s core hours policy. However, the Sub-Committee had regard to the fact that the application would ensure that the Premises operated as a restaurant only with the model restaurant condition requiring the supply of alcohol to be customers seated, taking substantial table meals only. The bar element permitted in the basement would be removed following the applicant’s agreement to surrender the current licence therefore ensuring there would no longer be any drink-led element to the establishment. The Premises was seeking to attract the post-theatre crowd and the Sub-Committee therefore was assured that it would not be attracting further people into the CIA. The Sub-Committee was satisfied that despite the increase in hours the application had the potential to reduce cumulative impact in a busy location. Concerns raised with regard to potential noise disturbance, especially to street performers, were considered closely. It was noted however that any regulated entertainment would be restricted to the basement and suitable conditions would be placed on the licence preventing any noise nuisance emanating from the Premises. Further conditions to be imposed, which included the implementation of a dispersal policy, had been agreed with the CGCA, and all provided reassurance that the operation would not create any nuisance in Covent Garden or the surrounding area. Particular regard was given to the letter of support from Capco who carefully managed the Covent Garden Market. This letter expressed their full support for the application and had commentated on the positive impact the Premises had made so far on the site.

 

Having taken into account all the evidence (with consideration being given to the representations received from the CGCA and the CGAT) the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised.  The applicant had demonstrated that the application was appropriate, and the nature of the operation and the conditions proposed would ensure it did not add to cumulative impact and promoted the licensing objectives.

 

2.

Late Night Refreshment – Indoors and Outdoors

 

Monday to Sunday: 23:00 to 01:00

 

Seasonal Variations / Non-Standard Timings:

 

All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was advised by the applicant that the proposed Sunday hours permitting late night refreshment had been reduced to between 23:00 to 00:00.

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

3.

Films and Recorded Music – Indoors and Outdoors

 

Monday to Sunday: 10:00 to 01:00

 

Seasonal Variations / Non-Standard Timings:

 

All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was advised by the applicant that the proposed Sunday hours for the provision of films and recorded music had been reduced to between 10:00 to 00:00.

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

4.

Hours Premises are Open to the Public

 

Monday to Sunday: 07:00 to 01:30

 

Seasonal Variations / Non-Standard Timings:

 

All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was advised by the applicant that the proposed Sunday opening hours had been reduced to between 07:00 to 00:30.

 

 

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 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.

 

9.       Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by the Licensing Authority as appropriate.

 

Conditions Consistent with the Operating Schedule

 

10.      The premises shall only operate as a restaurant:

 

(i) in which customers are shown to their table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery (except chopsticks),

(iv) which do not provide any take away service of food or drink for immediate consumption,

(v) which do not provide any take away service of food or drink after 23.00, and

(vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

Notwithstanding this condition customers are permitted to take from the

premises part consumed, and resealed bottles of wine supplied ancillary to their meal.

 

11.      During the hours of operation, 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.

 

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

 

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

 

14.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection times.

 

15.      Loudspeakers shall not be located in the entrance lobby or outside the premise building.

 

16.      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.

 

17.      The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

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

 

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.      A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental health Services and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

21.      No fumes, steam or odours shall be emitted from the licenced premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

 

22.      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 preceding 31-day period.

 

23.      A staff member from the premises who is conversant with the operation of the CCTV shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

 

24.      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;

c) Any complaints received concerning crime and disorder;

d) Any incidents of disorder;

e) All seizures of drugs or offensive weapons;

f) Any refusal of sale of alcohol.

 

25.      There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.

 

26.      A challenge 21 proof of age scheme shall be operated at the premise 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.

 

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

 

28.      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.

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

 

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

 

31.      The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

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

 

33.      No licensable activities shall take place at the premises until the Environmental Health Consultation Team has determined the capacity of the premises and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined. The overall capacity shall not exceed 158 persons, excluding staff.

 

34.      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 there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

35.      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.

 

36.      There shall be a dispersal policy in place for the premises that will be reviewed at regular intervals.

 

37.      After 23:00 hours customers will be advised as to the closest transport links and will be guided away from residential roads where possible as they make their way from the premises.

 

38.       Regulated entertainment (e.g. films and recorded music) shall be restricted

 to the basement.

 

39.       No licensable activities shall take place at the premises until premises licence 18/08034/LIPVM (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.

 

 

Supporting documents: