Agenda item
The Cheese Bar Barge, Paddington Basin, Sheldon Square, London, W2 6DS
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No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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2. |
Hyde Park Ward/ Not in Cumulative Impact Area |
The Cheese Bar Barge Paddington Basin Sheldon Square London W2 6DS |
New Premises Licence |
19/06103/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday 19th September 2019
Membership: Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less
Legal Adviser: Horatio Chance
Policy Adviser: Aaron Hardy
Committee Officer: Tristan Fieldsend
Presenting Officer: Michelle Steward
Relevant Representations: Licensing Authority, South East Bayswater Residents’ Association, Paddington Waterways and Maida Vale Society and one local resident
Present: Mr Andrew Woods (Solicitor, representing the Applicant), Mr Matt Carver (Applicant) and Mr John Zamit (South East Bayswater Residents Association)
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The Cheese Bar Barge, Paddington Basin, Sheldon Square, London, W2 6DS (“The Premises”) 19/06103/LIPN
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1. |
Sale by Retail of Alcohol (Roof Area) – On and Off Sales
Monday to Wednesday: 10:00 to 21:30 Thursday to Saturday: 10:00 to 22:00 Sunday: 12:00 to 21:30
Sale by Retail of Alcohol (Inside the Premises) – On and Off Sales
Monday to Saturday: 10:00 to 23:00 Sunday: 12:00 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):
The Sub-Committee considered an application by The Cheese Truck Ltd (“The Applicant”) for a new premises licence in respect of The Cheese Bar Barge, Paddington Basin, Sheldon Square, London, W2 6DS.
The Licensing officer introduced the application and confirmed that the Police and Environmental Health had withdrawn their representations following the agreements of conditions with the Applicant.
Mr Woods, representing the Applicant, confirmed that extensive discussions had taken place between the Applicant and interested parties. Following these discussions, the Police and Environmental Health (EH) had both withdrawn their representations, and the Sub-Committee was advised that the South East Bayswater Residents Association (SEBRA) and the Paddington Waterways and Maida Vale Society (PWMVS) were both content with the proposed conditions. Therefore, only one residential representation remained from a local resident who was not in attendance. The proposed hours permitting the sale by retail of alcohol were within the Council’s core hours policy. It had been agreed to limit the capacity of the roof area to a maximum of 20 customers with the internal area limited to a maximum of 35. This internal area would function solely as a restaurant whilst the roof area, which had shorter hours for licensable activities, would permit customers to consume alcohol only. The roof area however would have a food provision and all customers would have to be seated and served by waiter/waitress service only. Further conditions had also been agreed to prevent any noise nuisance and ensure all outside furniture was rendered unusable after 21:30 hours Sunday to Wednesday and 22:00 hours Thursday to Saturday. The Sub-Committee noted that the Applicant was an experienced operator with two other successful restaurants located in London. It was considered that the application promoted the licensing objectives and it was intended for the operation to open in December 2019.
Mr Zamit, representing SEBRA, explained that he was attending the Sub-Committee as a residential objection to the application remained. Initial concerns had been raised over the location of the barge opposite residential properties and the potential for noise disturbance. However, after productive discussions with the Applicant these concerns had been addressed through the agreement of appropriate conditions. Mr Zamit was particularly pleased that activity on the roof area would now cease after 21:30 hours.
In response to questions from the Sub-Committee the Applicant advised that after 21:30 hours the possibility of allowing smokers to use a covered, external area located at the front of the barge were being explored. Bins would also be installed on the roof area to prevent any refuse from being thrown by customers into the canal and this area would also be appropriately supervised by staff. Finally, Mr Woods advised that attempts to contact the one resident who had made a representation had been made but no response had been received.
After careful consideration the Sub-Committee agreed to grant the application accordingly. The Sub-Committee was pleased to note the extensive level of constructive engagement undertaken by the Applicant with the Responsible Authorities and local residents. As a result of this the Police and EH had withdrawn their representations and appropriate conditions had been agreed with SEBRA and PWMVS which addressed their initial concerns. This included rendering all outside furniture unusable after 21:30 hours and requiring the supply of alcohol on the roof area to be by waiter/waitress service only to customers seated. In addition no music would be permitted on the roof area which would also be restricted to a maximum capacity of 20 customers to prevent nuisance. The Sub-Committee was also pleased that the Applicant had scaled back the use of the roof area which would now not be permitted for use after 21:30 hours. The proposed conditions were considered appropriate for the style of operation and restrictive enough to ensure local residents were unlikely to experience any potential noise nuisance.
Having taken into account all of the evidence the Sub-Committee was satisfied that the application was suitable for the local area and had addressed any concerns raised. The Applicant had demonstrated that the application was appropriate, with the conditions considered proportionate and restrictive enough to ensure that it had the overall effect of promoting the licensing objectives. The Sub-Committee therefore granted the application accordingly.
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2. |
Recorded Music (Roof Area)
Monday to Wednesday: 10:00 to 21:30 Thursday to Saturday: 10:00 to 22:00 Sunday: 12:00 to 21:30
Recorded Music (Inside the Premises)
Monday to Saturday: 10:00 to 23:00 Sunday: 12:00 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):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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3. |
Hours Premises are Open to the Public
Monday to Friday: 08:00 to 23:00 Saturday: 09:00 to 23:00 Sunday: 10:00 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):
The Sub-Committee granted the application (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.
Conditions imposed by the Licensing Authority after a hearing
9. Means of escape shall be maintained, unobstructed, immediately available and clearly identifiable.
10. Exit doors shall be checked before opening each day to ensure they function satisfactorily.
11. Furniture at the premises for customer use shall remain in position and not be removed save for the roof area after licensable activities cease.
12. The premises licence holder shall undertake regular rubbish collections within the premises and in the immediate vicinity of the premises.
13. Notices shall be prominently displayed at each exit from the premises asking patrons to be considerate to neighbours when leaving.
14. Regular glass and litter collections shall be carried out in all areas where customers are congregating.
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. A Challenge 21 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.
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 (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.
19. 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
20. All tables and chairs on the roof shall be rendered unusable when licensable activities cease.
21. The number of customers permitted to use the roof area will be limited to 20 people and all customers on the roof area must be seated at all times.
22. There will be no music or entertainment permitted on the roof area.
23. Substantial meals will be available on the roof area at all times that the roof area is available to customers.
24. Save for the roof area limited to a maximum of 20 people at any one time, the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
25. 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.’
26. Any servicing of the premises will be undertaken using rubber wheeled trollies and will only take place between 08:00 and 18:00.
27. There will be no deliveries to the premises after 18:00 or before 08:00 the following morning.
28. There will be no collections of waste or recycling materials, including bottles, from the premises between 18:00 and 08:00 on the following days.
29. No noise generated on the premises or by its associated plants or equipment shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
30. Sale of alcohol shall only be by waiter/waitress service to persons seated.
31. There shall be no consumption of alcohol on the roof, or use of the roof, after 21:30 Sun-Weds, 22:00 Thurs-Sat.
32. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed: The roof area: 20; inside: 35.
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Supporting documents:
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LSCReportCheeseBarBargeRedacted, item 2.
PDF 11 MB -
2.1 The Cheese Bar Landlord Pack Jan19, item 2.
PDF 5 MB
- 2.2 The Cheese Bar Barge Paddington Basin Sheldon Square W2 - 1906103LIPN, item 2. HTM 43 KB