Agenda item - Yeo Dairy Café Limited, 20 Queensway London, W2 3RX

Yeo Dairy Café Limited, 20 Queensway London, W2 3RX

Meeting of Licensing Sub-Committee (6), Thursday 16th January, 2020 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

Lancaster Gate Ward/ Queensway Cumulative Impact Area

Yeo Dairy Café Limited, 20 Queensway London

W2 3RX

Premises

Licence

Variation

19/12450/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 16th January 2020

Membership: Councillor Karen Scarborough (Chairman), Councillor Maggie Carman and Councillor Peter Freeman

Legal Adviser: Barry Panto

Committee Officer: Artemis Kassi

Policy Officer: Aaron Hardy

Presenting Officer: Kevin Jackaman

Relevant Representations: Environmental Health Service, Licensing Authority and two Residents’ Associations

Present: Charlotte Bowers (on behalf of the Applicant Company), David Inzani (solicitor, Poppleston Allen, representing the Applicant Company), Angela Seaward (Licensing Authority), Ian Watson (Environmental Health Service), John Zamit (Bayswater Residents’ Association and South East Bayswater Residents’ Association)

Yeo Valley Dairy Café Limited 20 Queensway, London, W2 3RX

(“the Premises”)

19/12450/LIPN

Sale by Retail of Alcohol – On and Off Sales

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

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 Yeo Dairy Café (“the Applicant”) for a new premises licence in respect of 20 Queensway, London W2 3RX.

The Presenting Officer, Mr Kevin Jackaman, introduced the application. He advised that representations had been received from the Environmental Health Service, the Licensing Authority, residents’ associations represented by Mr John Zamit and the Metropolitan Police Service. Mr Jackaman further advised that, following a reduction to the start time for the sale of alcohol, the Police had withdrawn this representation on 4^th December. Mr Jackaman noted that further conditions had been proposed by the residents’ associations and it was noted that these had been agreed by the applicant. The Sub-Committee noted that the premises were located in the Lancaster Gate ward in the Queensway Cumulative Impact Area.

Mr David Inzani, representing the Applicant, advised that this was an application for a new premises licence. The Sub-Committee heard that the Applicant, a Somerset-based company focusing on organic produce, had taken a ten-year lease on the premises in Queensway in January 2019 and that the Applicant was using the premises’ office space as its London office hub. Mr Inzani stated that the Applicant was seeking to permit the sale of alcohol (on and off the premises) between 10:00 to 23:00 from Monday to Saturday and between 12:00 to 22:30 on Sundays, with no seasonal variations.

Mr Inzani advised the Sub-Committee that changes had been made to the original proposals to bring the application within core hours and further conditions covering nuisance, fumes, odours, deliveries, recycling and closure of windows and doors had been agreed with John Zamit, representing the residents’ associations. Mr Inzani stated that, following the agreed amendments, there would be no vertical drinking, the sale of alcohol would be ancillary to the sale of substantial food throughout the entire Premises and the maximum seated capacity would be 30 persons.

The Sub-Committee noted the amended set of conditions and the amended plan that had been submitted by the Applicant. An important aspect of the amendment was the removal of a hatched area on the plan and an amendment to condition 10 on page 80 of the report which would otherwise have allowed customers to consume alcohol in the hatched area without the need for that consumption to be ancillary to the sale of food, i.e., that would have permitted a drink-led element to the application that would have been contrary to policy.

Mr Ian Watson, representing the Environmental Health Service, advised the Sub-Committee that the Environmental Health Service was satisfied with the application. Mr Watson explained to the Sub-Committee that the Premises were located on the ground floor of a residential block and that the Premises had previously been a convenience store possessing a licence with longer hours, with no associated noise nuisance. Mr Watson advised the Sub-Committee that, following a check, it appeared that the Applicant had been operating since May 2019, with no noise nuisance associated with the Applicant’s operation of the premises. The Sub-Committee was further advised that the Environmental Health Service welcomed the more restrictive conditions which had been suggested by Mr Zamit and accepted by the Applicant. Mr Watson stated that the condition concerning maximum capacity needed to be satisfied, which for the Environmental Health Service’s purposes would be 60 relating to the means of escape (excluding staff).

Ms Angela Seaward, representing the Licensing Authority, advised the Sub-Committee of the Licensing Authority’s original concerns but stated that, following mediation, PB2 no longer applied and the Licensing Authority was satisfied. Angela Seaward commented that the Applicant had worked well with the residents’ associations and authorities. Ms Seaward further stated that the Licensing Authority’s representations had been maintained on the basis that the Premises were within the Queensway Cumulative Impact Area to allow members to make their determination as to whether the granting of the application would add to cumulative impact.

Mr John Zamit, representing the South East Bayswater Residents’ Association (SEBRA) and the Bayswater Residents’ Association (BRA), stated that the residents’ associations had concerns relating to the Queensway stress area, as more premises wanted to sell alcohol, and also had concerns about the capacity of these Premises. Mr Zamit observed that, whilst this Applicant company was a good company, the concern was that a premises licence could be passed over to another licence holder, especially given the location in a residential block. Mr Zamit outlined areas of agreement between the parties, including agreed additional conditions relating to fumes and odours, deliveries, recycling and windows. Mr Zamit highlighted condition 17 on page 80 of the report (which he referred to as the “SEBRA clause”) concerning alcohol off sales above 5.5% and requested that it should be amended to also make reference to premium beers in glass bottles or cans. The Sub-Committee heard that the residents’ associations did still have concerns as their assent had been based on a capacity of 30 and a capacity of 60 had not been discussed with the residents’ associations.

The Sub-Committee invited the Environmental Health Service to clarify the capacity point. The Sub-Committee was advised that if the Premises had been a dedicated restaurant, the capacity would have been fixed differently; these premises constituted a convenience store with seating. Ian Watson stated that, given the transient nature of custom, the maximum seated capacity was 60 to allow for customers not seated at tables but entering the premises, queuing to purchase items and then leaving.

John Zamit requested suitable wording to cover these concerns, to avoid the seated capacity becoming 60. Mr Zamit also referred to the hatched area in the application documentation and the A1/A3 permit. David Inzani advised the Sub-Committee that capacity in Westminster was set by fire regulations and re-iterated Mr Watson’s statement that the premises were partly retail, with internal and external seating. Mr Inzani emphasised that the Applicant had not proposed capacity on a set number of seats. The parties discussed the proposal for a “supper club” and the seating arrangements in the Premises, which were fixed. Mr Inzani mentioned that the Applicant did not want to restrict the numbers of seats during the supper club events.

Mr Barry Panto, Legal Adviser to the Sub-Committee, advised the Sub-Committee of a potential condition to cover capacity, including Model Condition 90, which allowed scope for the Environmental Health Service to determine capacity and prevented any licensable events taking place at the Premises until capacity had been so determined. It was pointed out that such a condition had already been included as condition 32 on page 81 of the report. Mr Zamit elaborated the concerns of the residents’ associations and explained why the residents’ associations would not find a potential maximum capacity of 60 to be acceptable. Mr Zamit proposed a compromise figure of 36 seated. Mr Inzani stated the Applicant’s preference for 40.

Mr Panto explored the potential re-wording of the proposed amendment to condition 10 at page 80 of the report. This was a key condition relating to the consumption of alcohol ancillary to the sale of food. Mr Panto asked whether it might be appropriate for the condition to require the consumption of alcohol to be ancillary to a substantial table meal rather than substantial food. Mr Inzani advised the Sub-Committee that the Premises were not a restaurant but a café and indicated that his preference was for the consumption to be ancillary to substantial food.

After taking into consideration all the evidence before them, the Sub-Committee considered that the application was acceptable, subject to amended conditions as agreed between the parties and with capacity subject to determination by the Environmental Health Service. It was satisfied that the application, as amended, did not add to cumulative impact within the Queensway Cumulative Impact Area. The Sub-Committee further considered that the conditions on the licence were appropriate and would ensure that the licensing objectives were promoted. It concluded that the sale of alcohol for consumption on the premises would only have to be for consumption that was ancillary to substantial food rather than a substantial table meal. The Sub-Committee therefore granted the application accordingly.

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: 07:00 to 23:30

Sunday: 07:00 – 23:00

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;

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

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;

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 consistent with the operating schedule

9. The supply of alcohol shall remain ancillary to the premises operating as a café/retail shop.

10. The sale of alcohol for consumption on the premises will be only be for consumption that is ancillary to substantial food.

11. The consumption of alcohol on the premises shall only be by persons seated.

12. A waiter/waitress service shall be provided.

13. 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.

14. 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.

15. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.

16. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

17. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% Alcohol By Volume (ABV) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles or cans.

18. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

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 unless they are seated in the designated external seating area detailed on the plans.

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

21. All tables and chairs shall be removed from the outside area by 23.00 hours each day.

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 system shall be on the premises at all times when the premise 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. 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.

25. 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.

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

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

28. No rubbish including bottles shall be removed or placed in an outside area between 23.00 hours to 07.00 hours Monday to Sunday.

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

30. 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 faults in the CCTV system; and

g. any visit by a relevant authority or emergency service.

31. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined.

32. 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.

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

34. No deliveries to the premises shall take place between 20.00 and 07.00 hours on the following day except for deliveries of fresh goods and bread.

35. No collections of waste or recycling materials from the premises shall take place between 00.00 and 07.00 hours.

36. Windows and external doors shall be kept closed after 22.00 hours except for the immediate access and egress of persons.

Supporting documents: