Agenda item - Zebrano, 18 Greek Street, London, W1D 4DS

Zebrano, 18 Greek Street, London, W1D 4DS

Meeting of Licensing Sub-Committee (4), Thursday 27th June, 2019 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

West End Ward/ West End Cumulative Impact Area

Zebrano 18 Greek Street London W1D 4DS

Premises Licence Variation

19/03852/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27^th 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: The Licensing Authority

Present: Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Don Cameron (Applicant) and Ms Karyn Abbot and Miss Daisy Gadd (Licensing Authority)

Zebrano, 18 Greek Street, London, W1D 4DS (“The Premises”)

19/03852/LIPV

Layout Alteration

Introduction of a terrace at the rear of the premises building as shown on the plans appended to the application.

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 Zebrano Bars & Clubs Ltd for a variation of a premises licence in respect of Zebrano, 18 Greek Street, London, W1D 4DS.

The Licensing Officer introduced the application and confirmed that Environmental Health and the Police had withdrawn their representations following the agreement of conditions with the applicant.

Mr Spiegler, representing the applicant, explained that the application was seeking authorisation to change the layout of the Premises. The variation to the licence would not amend any of the licensable activities currently permitted or the current capacity limit at the Premises. The proposed new layout would introduce a new upper terrace at the rear of the Premises on the first floor with a maximum capacity of 20 persons. This would be in addition to the current lower terrace situated on the upper ground floor which had a maximum capacity of 30 persons. The overall capacity of the Premises would remain at 211 persons. As part of this proposal a terrace management plan would be implemented to ensure there was adequate control over the area. The key objectives of the new layout were to provide customers with an attractive alfresco area and secondly to reduce the pressure of street smoking in the local area. Greek Street was a busy location with many late-night licensed premises and this application would ease pressure on this area as smokers at the Premises would now be able to use the terrace instead. The terrace was not overlooked by any residential properties and therefore the Sub-Committee was advised that the application would reduce cumulative impact in the local area. As part of the proposals a welfare room would also be introduced which could be used by customers in need of assistance and also be available for use by the Soho Angels.

The Sub-Committee was advised by Mr Spiegler that Environmental Health and the Police had withdrawn their representations following the agreement of conditions with the applicant. It was noted that the Police had requested a slight change to the proposed terrace management plan which would require SIA supervisors to wear high visibility clothing and the applicant was content to amend it accordingly. The Licensing Authority had maintained their representation on policy grounds as the Premises was located within a Cumulative Impact Area (CIA) and therefore policy PB2 had to be considered. Mr Spiegler suggested that this policy would not have to be applied however as there were no proposed changes to the opening hours or the licensable activities permitted at the Premises. The application could be considered an exception to policy as the proposals would have a positive impact on the local area by reducing the number of smokers on the public highway providing them with a safer, more controlled environment to smoke. In addition, the introduction of a welfare room and the fact there would be no increase in the Premises capacity, or hours, would ensure the application was suitable for the local area. In response to a question from the Sub-Committee Mr Spiegler confirmed that even with the introduction of the terrace the capacity of the Premises would not change and would continue to be restricted to 211.

For the record it was noted that, prior to the hearing, the applicant had submitted an amended ground floor plan of the Premises to show the area hatched in red referred to in condition 19 below.

Ms Abbot, representing the Licensing Authority, confirmed that their representation was maintained as the Premises was located in a CIA and policy PB2 had to be considered due to its operation as a bar. Following discussions with the applicant it was noted that an appropriate terrace management plan had been developed. The Licensing Authority was encouraged by this but had maintained its representation so that the Sub-Committee could decide if the application was likely to add to cumulative impact.

The Council’s Legal Adviser advised that clarification was required on the capacity limits proposed on the different floors of the Premises to ensure there was no confusion. Therefore, it was suggested that if the Sub-Committee was minded to grant the application, proposed condition 21 be amended so that the capacity limits would read: Basement 60, Ground Floor 211, Upper Ground Floor Internal Area 50, Lower Terrace on the Upper Ground Floor 30, Upper Terrace on the First Floor 20. The applicant advised that he was satisfied for this condition to be amended accordingly and would submit updated plans to the Licensing Authority. In response to a question from the Sub-Committee the applicant also confirmed that a condition could be added to the licence requiring the terrace to be operated in accordance with the agreed terrace management plan. Following further discussions, the applicant also agreed for an additional SIA condition to be added to the licence as well as the proposed condition relating to the restaurant area being reworded to make it more appropriate.

After careful consideration the Sub-Committee agreed to grant the application. It was recognised that the Premises was located within a CIA however the proposals were considered appropriate and were likely to reduce cumulative impact in the local area. The terraces were not overlooked by any residential properties as evidenced by the fact no residential representations had been received. A thorough terrace management plan had been developed by the applicant and it was considered that this would introduce a proportionate level of control over the area. The introduction of the terrace was also likely to have the effect of reducing pressure outside the Premises where smokers often congregated in a busy location. No changes to the capacity of the Premises, or to its licensable activities, were proposed. It was acknowledged that Environmental Health and the Police had withdrawn their representations following the agreement of conditions. These conditions were considered appropriate and proportionate and were restrictive enough to ensure the changes to the Premises layout would not add to cumulative impact. Therefore, it was considered that the application was suitable for the local area and ultimately promoted the licensing objectives. The Sub-Committee therefore granted the application accordingly.

Conditions being Varied, Added or Removed

Condition to be Varied:

Current 21:

The number of persons accommodated (excluding staff) shall not exceed 60 in the basement, 211 on the ground floor and 50 on the first floor with the overall number of persons accommodated (excluding staff) shall not exceed 211 persons at any one time.

Proposed Variation:

The number of persons accommodated (excluding staff) shall not exceed:

- Basement – 60

- Ground Floor – 211

- First Floor – 50

- Terrace Area [To be agreed with Environmental Health Consultation Team] Provided that the overall number of persons accommodated (excluding staff) shall not exceed 211 persons at any one time.

Amendments to application advised at hearing:

To ensure clarity the applicant agreed for condition 21 to be amended to read:

The number of persons accommodated (excluding staff) shall not exceed:

- Basement – 60

- Ground Floor – 211

- Upper Ground Floor Internal Area – 50

- Lower Terrace on the Upper Ground Floor – 30

- Upper Terrace on the First Floor – 20

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

The Sub-Committee granted the application; see the reasons for the 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.

9. All persons guarding the premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the security industry authority.

Conditions Consistent with the Operating Schedule

10. This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.

11. On New Year's Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until New Year's Eve where no regulated entertainment takes on New Year's Day).

12. Notwithstanding the provisions of Rules of Management No. 6 the premises may remain open for the purposes of this licence from 23.00 on each of the days Monday to Saturday to 03.30 on the day following.

13. All waste is collected from within the premises and not from the public highway.

14. The highway in the vicinity of the premises is swept at regular intervals whilst

customers are queuing to enter the premises and also at the close of business and litter and sweeping collected, stored and disposed of in accordance with the approved refuse storage and disposal arrangements.

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

16. No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) is inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or is distributed on street to the public, that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services.

17. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

18. No payment shall be made by or on behalf of the licensees to any person for bringing customers into the premises.

19. The sale of alcohol for consumption in the area hatched red on the ground floor of the premises shall only be to a person seated and taking a table meal in that area and for consumption by such a person as ancillary to that table meal.

20. After 23.00 on Mondays to Fridays the sale of alcohol shall at all times be ancillary to the provision of music and dancing and substantial refreshment. The sale of alcohol shall cease when music and dancing ends or is not provided.

21. The terminal hour for late night refreshment on New Year's Eve is extended to 05.00 on New Year's Day.

22. The overall number of persons accommodated (excluding staff) in the whole of the premise shall not exceed 211 at any one time with the following local restrictions:

Basement – 60

Ground floor – 211

Upper ground floor internal area – 50

Lower Terrace on the Upper Ground Floor– 30

Upper Terrace on the First Floor – 20

23. 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. Viewings of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31-day period.

24. 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.

25. 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 ejection of patrons

c) any complaints received

d) all incidents of disorder

e) any faults in the CCTV system or searching equipment or scanning

equipment

f) any refusal of the sale of alcohol

g) any visit by a relevant authority or emergency service

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.

27. All door supervisors working outside the premises, or supervising or controlling queues and the smoking area, shall wear yellow high visibility jackets, vests or tabards.

28. A sound limiting device must be located in a separate and remote lockable cabinet from the volume control 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's Community Protection Department so as to ensure that no noise nuisance is caused to local residents. The operational panel of the noise limiter shall then be secured to the satisfaction of the officers of the Environmental Health Service. The keys securing the noise limiter cabinet shall be held by the applicant only and shall not be accessed by any other person. The limiter shall not be altered without prior agreement with the Environmental Health Service.

29. 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.

30. Any additional sound generating equipment shall not be used on the premises without being routed through the sound limiter device.

31. All glassware used within the premises after 22.00 shall be polycarbonate, save for:

a) wine glasses

b) champagne bottles and glasses

c) spirit bottles

32. Staff shall promptly clear empty champagne, wine and spirit bottles.

33. All management and security staff employed at the premises shall receive regular crime scene preservation training.

34. Staff shall monitor and supervise the terrace areas and institute suitable methods of controlled entry to these areas at any time they are at capacity. From 9.00 pm until close on Thursday, Friday and Saturday the staff shall include aminimum of two SIA registered door supervisors who shall be on duty to supervise the terrace areas, first floor areas and corridors.

35. There shall be no regulated entertainment on the terraces.

36. No licensable activities shall be provided on the upper terrace after 00:00 hours and there shall be no customers on the upper terrace after 00:30 hours

37. No licensable activities shall take place on the terraces until these areas have 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.

38. Before the terraces open to the public under the licence, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the work carried out. Where minor layout changes have occurred during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

39. The upper and lower terraces will be operated in accordance with the terrace management plan, a copy of which will be provided to the Licensing Authority. A copy of the most recent terrace management plan must be retained at the premises and produced for immediate inspection at the request of any officer authorised by the Licensing Authority or a Police Officer.

Supporting documents: