Agenda item - 44 Old Compton Street London W1D 4TY

44 Old Compton Street London W1D 4TY

Meeting of Licensing Sub-Committee (1), Thursday 9th January, 2020 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

West End Ward/West End Cumulative Impact Area

44 Old Compton Street London W1D 4TY

New Premises Licence

19/13568/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 9th January 2020

Membership: Councillor Heather Acton (Chairman), Councillor Jen Glen and Councillor Aicha Less

Legal Adviser: Horatio Chance

Committee Officer: Sarah Craddock

Policy Officer: Aaron Hardy

Presenting Officer: Michelle Steward

Relevant Representations: Environmental Health, Licensing Authority and Soho Society

Present: Martin Young (solicitor representing the Applicant),Amedeo Aterrano (representing Six Italian T/a L’antica Pizzeria Da Michele Ltd), Maxwell Koduah (Environmental Health) and Karyn Abbott (Licensing Authority).

44 Old Compton Street, London, W1D 4TY

(“The Premises”)

19/13568/LIPN

Sale by Retail of Alcohol – On Sales Only

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

Seasonal Variations / Non-Standard Timings:

None

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 Six Italian Food T/a L’antica Pizzeria Da Michele Ltd (“The Applicant”) for a new premises licence in respect of 44 Old Compton Street, London W1D 4TY.

The Presenting officer introduced the application. She advised that the Police had withdrawn their representation as conditions had been agreed with the Applicant. She further advised that Environmental Health, the Licensing Authority and the Soho Society had maintained their representation on policy grounds. The Sub-Committee noted that the Premises is located in the West End Ward and in the West End Cumulative Impact Area.

Mr Young, representing the Applicant, advised that this was an application for a new premises licence to operate as a restaurant and Pizzeria serving a variety of food and beverages (the premises was previously licensed as Patisserie Valerie until it went into administration in 2018). Mr Young stated that the Applicant was seeking to permit late night refreshment indoors between the hours of 23:00 to 00:30 Monday to Sunday and the sale of alcohol (on the premises) between 10:00 to 00:00 Monday to Saturday and 12:00 to 22:30 Sundays. The Sub-Committee noted that during consultation the Applicant agreed with the Licensing Authority to remove Live Music and Recorded Music from their operating schedule.

Mr Young introduced Mr Amedeo Aterrano (the Applicant) who currently managed a restaurant and Pizzeria located in Baker Street. Mr Young advised that Mr Aterrano now wished to expand into Soho and had secured the lease for 44 Compton Street as it had been his understanding that the transfer of the licence from Patisserie Valerie would be relevantly easy. However, during the

closure of Patisserie Valerie no-one had taken into consideration the transfer of the licence of the premise which had resulted in Mr Aterrano needing to apply for a new premises licence on the same terms as the one still held by Patisserie Valerie. Mr Young emphasised that the Premises had received no adverse complaints regarding the operation of the licence and that no individual residents living either side of the Premises had made a representation against the application. He further confirmed that the restaurant model condition would continue to be attached to the licence and as a restaurant the premises would not contribution to crime and disorder in the West End Cumulative Impact Area.

Mr Aterrano (representing Six Italian T/a L’antica Pizzeria Da Michele Ltd), advised that he wished to place considerable investment into the Premises to open a new Pizzeria in Soho. He advised that the food would be cooked in the basement of the Premises but there would also be a chef making pasta situated at the front of the shop to create an Italian atmosphere. He emphasised that that the sale of alcohol would be secondary to the food offer and their customers would be mainly people going to or coming from the theatre.

Mr Aterrano confirmed that he understood that the Premises needed to promote the four Licensing Objectives and that he would be the Designated Premises Supervisor at the Premises. He further confirmed that he had agreed with all the proposed conditions from Environmental Health except for the capacity condition on the first floor which Environmental Health had requested a capacity of 70 persons and he wished to have a capacity of 75 persons.

Mr Young referred to the Soho Society’s representation against the application as it was outside the core hours. He emphasised that the Police had withdrawn their representation, there had been no representations from local residents living close to the Premises and the Premises was going to operate as a restaurant.

Environmental Health advised that they had maintained their representation on policy grounds but had no concerns regarding the application as the restaurant model condition was attached to the licence as well as all the appropriate conditions preventing noise nuisance emanating from the building. Mr Aterrano advised that a typical sitting for a pizza meal was around one hour and therefore it was anticipated that there would be no-one standing smoking outside of the Premises.

The Licensing Authority had maintained their representation on policy grounds as the application was outside of Westminster’s Core Hours Policy and the Applicant needed to demonstrate that the hours after Core Hours would not add to cumulative impact in the area.

After carefully taking into consideration all the evidence before it and the various undertakings given by the Applicant during the course of the hearing, the Sub-Committee was of the opinion that the conditions it had imposed on the Premises Licence were appropriate and proportionate and would help ensure the promotion of the licensing objectives The Sub-Committee noted the concerns of the Soho Society but considered that having the appropriate noise nuisance conditions as well as the restaurant model condition attached to the licence would mitigate their concerns regarding the operation of the Premises. The Sub-Committee also welcomed the approach by the Applicant and were content that the application met the promotion of the licensing objectives. The Sub-Committee therefore granted the application accordingly.

Late Night Refreshment – Indoors

Monday to Saturday: 23:00 to 00:30

Sunday: 23:00 to 00:00

Seasonal Variations / Non-Standard Timings:

None

Amendments to application advised at hearing:

None

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

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

Hours Premises are Open to the Public

Monday to Saturday: 10:00 to 00:30

Sunday: 12:00 – 00:00

Seasonal Variations / Non-Standard Timings:

None

Amendments to application advised at hearing:

None

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

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

Conditions attached to the Licence

Mandatory Conditions

1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4. (1) The 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.

Conditions attached by the Licensing Authority after a hearing:-

9. 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

10. All windows and external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons

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

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

13. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed

Ground floor 30 persons
First floor 75 persons

14. 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

15. 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.

16. 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

17. 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

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

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

20. 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

21. No licensable activities shall take place at the premises until the premises 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.

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 entire 31 day period.

23. 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.

24. 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.

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. 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

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system

(g) any refusal of the sale of alcohol

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

26. 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,

(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.

Supporting documents: