Agenda item

Venice Patisserie,14 Clifton Road, London, W9 1SS (“The Premises”) 20/00622/LIPN

1.

New Premises Licence

Sale by retail of alcohol, On or off sales or both: On

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:

Sale by retail of alcohol, On or off sales or both: On

Monday to Saturday 10:00 to 20:00

Sunday: 12:00 to 20:00

Seasonal variations/ Non-standard timings: None

Hours premises are open to the public

Monday to Sunday 08:00 to 21:00

Seasonal variations/ Non-standard timings: None

2.

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

Mr Jackaman introduced the item advising that the Sub-Committee had before it an application for a new premises licence from Mr Jack Albini (the Applicant).  He advised that the application had received representations from the Environmental Health Service, one Local Councillor (speaking on behalf of all three Councillors for the Little Venice Ward), 3 local residents, the Paddington Waterway and Maida Vale Society and the Metropolitan Police.  It was noted that the Police representation was withdrawn on 5 February 2020 after the agreement to additional conditions.  Mr Jackaman indicated that a further submission had been forwarded by Mr Richard Brown (CAB Project Officer), on behalf of the Paddington Waterway and Maida Vale Society on 6 March 2020 and that the submission had been reviewed and circulated to all relevant parties.

The Sub-Committee heard the Applicant’s Case

Mr Panchal addressed the Sub-Committee advising that the premises had previously operated as a florist and was considered to be an A1 premises under planning terms.  He confirmed that there would be no cooking onsite and food would be prepared from services outside of the premises, reheated and served to customers. Mr Panchal advised that ideally his client would like to be able to serve Champagne breakfasts at 08.00 and he confirmed that there would be no music. He further indicated that his client will be applying for A3 planning use in due course.  Mr Panchal also advised the Sub-Committee that his client would  reduce the hours for the sale of alcohol to 20:00.

Mr Panchal advised the Sub-Committee that there would be training for all members of staff and that there is a substantial food offer, referring to the menu.  He confirmed that the Police had withdrawn their objection and that his client had agreed conditions regarding a refusal book, CCTV, Challenge 25 and to allow for any responsible authority to review any materials on request.  Mr Albini addressed the Sub-Committee and advised that only wine, beer and champagne would be served, and no spirits would be available.  He also advised that all alcohol would be served via a waiter/waitress and ancillary to a meal and that a meal would consist of a microwaved meal or sandwich.  He informed the Sub-Committee that the kitchen would close at 21:00 and this could be reduced further to 20:00.

The Sub-Committee heard from Environmental Health Services:

Mr Drayan addressed the Sub-Committee and confirmed that the Environmental Health Service had maintained their objections on the grounds that supply of alcohol and the hours requested may have the effect of increasing Public Nuisance in the area.  Mr Drayan advised the Sub-Committee that initially some undertakings had been offered in the operating schedule and these had been considered as to determine whether they were sufficient to allay Environmental Health concerns and also whether they could be converted into enforceable conditions.  He added that since the premises has been fully refurbished, the previously submitted plan does not reflect the how the premises have been finished.  Mr Drayan referred specifically in the basement area which appeared at page 60 of the report. He explained that the seating area was no longer split but that there was now a fitted kitchen to the rear, situated immediately behind the cold room.  

Mr Drayan advised that the ventilation system does not currently comply with Environmental Health standards for a premises operating as a restaurant. He added that the Applicant had not sought advice and has been advised by that this proposal will require planning permission.  Mr Drayan advised the Sub-Committee that there is the possibility for odour nuisance to be caused. Mr Drayan proposed a capacity of 30 persons for the basement but indicated that he had not proposed a capacity for the ground floor as there were no public safety issues on that floor. He added that and any issues regarding plant equipment will need to be resolved by planning.  

Mr Drayan advised the Sub-Committee that that he had proposed a number of additional conditions such as the MC81 works conditions and noise and odour conditions. He also suggested that clear signage should be displayed so as to indicate the licensable hours for the premises.

The Sub-Committee heard from the Objectors’:

Mr Richard Brown addressed the Sub-Committee, advising that the plans were not up-to-date which raised large concerns for objectors.  Mr & Mrs Bell addressed the Sub-Committee and advised that their main concern was that the premises was located in very close proximity to their home. They advised that low level music had been heard through their walls.  They noted that although the terminal hours had been reduced, this was not a café, but a bar and restaurant.  Mr & Mrs Bell alleged that terrible odours and thick black smoke had be emanating from the premises.  They added that they were concerned that they would have no quality of life in their home.

Mr Brown queried that if food was only being reheated, where were the odours and think black smoke might be emanating from.  With regard to the conditions, Mr Brown advised that that he agreed that alcohol should be ancillary to food and the premises should be food led, but also expressed concerns that odour would cause a nuisance to the residents next door.  Mr Brown also expressed concerns about the potential capacity for the premises. He noted the suggested capacity for the basement but it was not clear what the capacity might be for the ground floor.   Mr Brown also queried the situation regarding smoking outside the premises. Clifton Road was very busy and he wondered if the Applicant had considered the impact.  Mr Brown advised that he was pleased with the reduced terminal hours of 20:00 for the consumption of alcohol.

Councillor Melvyn Caplan advised that the conversations had been difficult and if the residents had known the true nature of the premises, more objections would have been raised.  He asserted that the application was misleading as it stated that the premises would operate as a patisserie. Councillor Caplan advised that the menu originally had substantial meals listed but does not currently.  He also highlighted the retrospective A3 planning permission and suggested that the application for alcohol in relation to the current premises is not based on what the premises will become.  Councillor Caplan advised that he was not opposed to the premise, but the application needed to strike the right balance in a heavily residential area.  Councillor Caplan felt that it was important to impose delivery and take way conditions.

Comments from the Licensing Sub-Committee:

The Sub-Committee asked Mr Panchal if his client would consider a terminal hour of 10:00 to 20:00 Monday to Saturday and 12:00 to 20:00 on Sunday.   The Sub-Committee also queried the reported odours emanating from the premises and the present ventilation situation.  They noted that proposed condition 22 addressed concerns that had been identified by Mrs Bell and thought that the condition might be helpful to all parties.  The Sub-Committee queried how the operator would manage smokers outside the premises and the type of alcohol that would be served.

The Sub-Committee queried deliveries, waste, takeaway services and Deliveroo, The Sub-Committee felt that no deliveries should take place after 20:00 and not before 07:00.  The members of the Committee also queried condition 12 and why the full restaurant conditions were not applied. It was advised by Anil Drayan that these were the typical restaurant conditions for premises located outside of the Cumulative Impact Area.

Mr Panchal added that 5-6 patrons would be permitted to smoke outside at any given time and that smoking would take place in front of the premises.  He also noted that the premises had benefited from a number of Temporary Event Notices and no problem had occurred.  Mr Panchal advised the Sub-Committee that alcohol had been served at these events and the events ended at 21:00.   He went on to add that the lunch time business was most important to his client.

Chair Summing Up and Formal Decision

The Sub-Committee thanked everyone for their submissions. The Sub-Committee noted the written submissions and concerns of the local residents, the Paddington Waterway and Maida Vale Society and the Ward Councillors and thanked Mr and Mrs Bell for attending.

The Sub-Committee was concerned about a number of aspects of the application, having regard to the fact that the area was highly residential, and it did agree with those objecting that many aspects of the application were confusing and had not been thought through properly. However, it was also recognised that the premises were not situated in a cumulative impact area and that the hours for the sale of alcohol and the opening times of the premises had been reduced to 20.00 hours and 21.00 hours respectively. It was also noted that all of the conditions proposed by the Environmental Health Officer had been agreed.  

Objectors had questioned whether it was even possible for the applicant to comply with the primary condition to the effect that the consumption of alcohol on the premises had to be ancillary to a table meal. The name of the premises appeared to be a misnomer in terms of what was now being applied for and the premises only had planning permission to operate as a retail premises and not as a café or restaurant. However, it was clarified that there would be no primary cooking on the premises and that food would be heated up via a microwave. The applicant also indicated that they would be applying for the appropriate planning permission in due course.

In licensing terms it was recognised that the premises could potentially comply with the condition to the effect that the consumption of alcohol on the premises had to be ancillary to a table meal in the manner described by the applicant so as to ensure that the premises genuinely operated as a café or restaurant and that it could not morph into a drink-led venue. With the reduction in the hours applied for and the agreement to additional conditions proposed by Environmental Health, it was decided that the application would be granted and that the granting of the application would promote the licensing objectives.

This decision was without prejudice to the planning situation as it was recognised that there were planning matters that might need to be resolved. The planning authority would clearly retain the right to take enforcement action if it thought that it was expedient to do so. This decision has been taken entirely on licensing grounds.     

It was considered that most of the concerns identified by those objecting to the application had been addressed by the reduction in hours and the imposition of appropriate conditions. In addition to those conditions agreed with Environmental Health, further conditions were imposed by the Sub-Committee. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, were limited to 5 persons at any one time. No deliveries to the premises were permitted to take place between 21.00 and 08.00 on the following day.  The number of persons permitted in the basement of the premises at any one time (excluding staff) cannot exceed 30 persons. Clear signs must be displayed stating the hours for the sale and consumption of alcohol and the consumption of alcohol must cease at 20:00. Finally, no licensable activities can take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team.

3.

Hours Premises Open to the Public:

Monday to Sunday 08:00 to 21:00

Seasonal variations/ Non-standard timings: None

Granted

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 CONSISTENT WITH THE OPERATING SCHEDULE

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

10.       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.

11.       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 Officer or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

12.       The supply of alcohol for consumption on the premises shall only be to a person seated taking a table meal there and for the consumption by such a person as ancillary to their meal.

13.       The supply of alcohol for consumption on the premises shall be by Server, Waiter or Waitress service only.

14.       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.

15.       Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 5 persons at any one time.

16.       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

17.       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

(g) any refusal of the sale of alcohol

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

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

19.       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.

20.       There shall be no self-service of Alcohol.

21.       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.

22.       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.

23.       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.

24.       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.

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

26.       No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.

27.       No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.

28.       No deliveries to the premises shall take place between 21.00 and 08.00 on the following day

29.       The number of persons permitted in the basement of the premises at any one time (excluding staff) shall not exceed 30 persons.

30.       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.

31.       Clear signs shall be displayed stating the hours for the sale and consumption of alcohol.

32.       The consumption of alcohol will cease at 20:00.