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Agenda item

10.00 AM: Dinner Jackets, Jubilee Hall, Jubilee Market, The Piazza, Covent Garden WC2E 8BE

Ward
SCZ*

Site Name & Address

Application
Type

Licensing Reference No.

St James

N/A

Dinner Jackets
Units 18 & 19
Jubilee Hall Jubilee Market
The Piazza
Covent Garden
WC2E 8BE

Premises Licence Variation

20/11204/LIPV

*Special Consideration Zone

 

Minutes:

Present:                            Stuart Gibson, Solicitor (SG Licensing); Nicholas Henry                                           (Premises Licence Holder); and Charlie Henry (applicant).

Representations:             Representations had been received from the Licensing                                           Authority and the Environmental Health Service

Applicant:                        Mr Charlie Henry

Ward:                                St James’s

CIA[1]:                                 West End

SCZ[2]:                                N/A

Summary of Application

The application was for a new Premises Licence.

INTRODUCTION

The Chairman welcomed everyone to the meeting and introduced the Members of the Sub-Committee and the Council Officers who would be supporting the Sub-Committee. The Chairman explained the procedure that would be followed at the meeting before inviting the Presenting Officer, Ms Donovan to present the report.

 

PRESENTATIONS AND SUBMISSIONS

Presenting Officer

Ms Jessica Donovan, Senior Licensing Officer

Ms Donovan summarised the application set out in the report before the Sub-Committee.  She explained that the application was for a variation in the premises licence which seeked to permit the sale of alcohol for consumption off the premises between the hours of 11.00 to 21:00 Monday to Sunday.  She advised that both Environmental Health and the Police had withdrawn their representations however the Licensing Authority had maintained their representation against the application.  She further advised that additional submissions had been received from the applicant which had been circulated to all the relevant parties before the Sub-Committee hearing.

Applicant

Mr Stuart Gibson, Solicitor (SG Licensing) On Behalf of The Applicant.

During the course of his presentation, Mr Gibson advised that the premises had benefited from a premises licence since 2010 and was currently licensed to sell mulled wine only between 15 November to 15 February between the hours of 11:00 to 19:00. The Sub-Committee noted that the premise was a market stall serving hot food, snacks and refreshments.

Mr Gibson explained that this application requested the removal of the restrictive condition of retailing mulled wine only as well as seeking the extension of sale of alcohol by retail consumption (off the premise) between the hours of 11.00am and 21:00 hours Monday to Sunday.  This would allow the applicant to sell a small range of beers, wines and spirits for consumption off the premises with the purchase of takeaway food which would enable the applicant to increase the transactional spend of its regular customers in order to remain in business during these difficult times.

Mr Gibson advised that discussions had taken place with Environmental Health and that conditions 17-19 on page 30 of the report were not the conditions agreed with Environmental Health.  He further advised that conditions had been agreed with the Police who had subsequently withdrawn their representation against the application.  

Mr Gibson commented that the Licensing Authority had maintained their representation due to their concern regarding street and underage drinking.  Mr Gibson highlighted that street drinkers would not be drawn to the market stall as alcohol could only be purchased with takeaway food and no alcohol of 5.5% ABV would be sold at the premises.  He also emphasised that alcohol could only be obtained on request and therefore the premises holders would have complete discretion on the sale of alcoholic drinks.

Mr Gibson concluded that the proposed premises licence falls well within the Council’s recently adopted Statement of Licensing Policy (SoL) and the provision was that the Sub-Committee would consider applications from premises within the CIA that were open until 21:00 hours.  He emphasised again that alcohol could only be served with the purchase of takeaway food.

In response to Members’ questions, Mr Gibson and Mr Charlie Henry provided the following information.

(a)  Mr Charlie Henry advised that he had obtained his own personal premises licence holder certificate and confirmed that he was happy to send all his employees on the course. He further confirmed the CCTV arrangements installed and surrounding the market stall.

(b)  Mr Gibson advised that conditions 17 and 18 on page 30 of the report had already been agreed with Environmental Health and that he would prefer that condition 19 ‘A personal licence holder to be on duty at all times alcohol is sold’ was not placed on the premises licence as he considered it was not necessary due to the small nature and operation of the market stall.

(c)   Mr Gibson advised that mulled wine would continue to be sold between the months of November and February, there were no tables or chairs located near the market stall so all purchases were for takeaway only and there were adequate rubbish bins located in the surrounding area.

Responsible Authorities

Mr Kevin Jackaman, Senior Licensing Officer, On Behalf of The Licensing Authority 

The Sub-Committee noted that both Environmental Health and the Police had withdrawn their representations as they had agreed conditions with the applicant.  The Licensing Authority had maintained their representation on the grounds of how the premises would promote the four licensing objectives and that the applicant needed to demonstrate that the variation to the premises licence would not add to the West End cumulative impact in the area.  The Sub-Committee noted, however, that the Licensing Authority considered that the proposed conditions setting out that alcohol shall only be sold for consumption off the premises as ancillary to takeaway food and no alcohol of 5.5% ABV or above be sold at the premises would alleviate resident’s concerns.

QUESTIONS BY OFFICERS

In response to questions regarding the existing and proposed conditions attached to the Premises Licence, by the Sub-Committee’s Legal Officer, Ms Vivien Walker, Mr Gibson provided the following information.

Mr Gibson confirmed that he was happy that the mandatory condition 3 ‘Every supply of alcohol under the licence must be made or authorised by a person who holds a personal licence’ would replace the proposed condition 19.

(a)  Mr Gibson also confirmed that he was happy with the suggested amendments made by the legal advisor regarding condition 17 ‘Alcohol shall only be sold for consumption off the premises as ancillary to food.  No alcohol to be sold for off sales without food.  He further confirmed that he was happy that condition 18 would read ‘No alcohol shall be on open sale.  All alcohol to be stored behind the counter, and only sold on request for a named item by the customer’.

(b)  Mr Gibson emphasised that everyone working at the premises would be a personal licence holder which would ensure that, whoever is serving that day, would have a sense of responsibility.

SUMMING UP

At this stage of the proceedings, the Chairman invited the various parties who had made representations to sum up their representations, if they so wished.

Mr Stuart Gibson, Solicitor, On Behalf of the Applicant

In summing up his representations, Mr Gibson stated that this premises would not add to the cumulative impact of the West End area as this was a very small premises, alcohol would only be served with takeaway food and the hours fell well within the Council’s recently adopted Statement of Licensing Policy (SoL).

ADJOURNMENT

At this stage in the proceedings, the Chairman adjourned the meeting to allow Members to retire to consider their decision. Cllr Scarborough stated that the Sub-Committee would not announce its decision today but that a summary of the Decision would be sent to the various parties within five working days.

The Chairman then closed the live part of the virtual meeting.

DECISION

It was the Sub-Committee’s decision to Approve the application, as set out in the Summary & Full Reasoned Decision attached to these Minutes as Appendices 1&2.

REASONS FOR THE DECISION

Having read the report by the Director of Public Protection and Licensing that was before it; the written submissions of the applicant and those parties objecting to the application; and, having heard presentations and representations by, and/or on behalf of, those parties present at the proceedings, as well as the responses by those parties to questions put to them by Members of the Sub-Committee, the Sub-Committee was satisfied that, in accordance with the Home Office Guidance,[3] and on the evidence before it, it was reasonable, appropriate and proportionate, in all the circumstances, to APPROVE the application.

In reaching its decision, the Sub-Committee took into consideration that the conditions had been agreed with all the responsible authorities, that the premises were well run, there was no history of noise complaints and that the applicant, of his own initiative, and without there being any condition to this effect, cleans around the area of the premises.  The Sub-Committee were also of the opinion that the small nature and operation of the market stall would not add to the cumulative impact in the West End area and in addition the conditions imposed on the premises licence were appropriate and would ensure that the licensing objectives were promoted.

The meeting ended at 11 AM

 

 

Chairman:                                                                Date:



[1] Cumulative Impact Area

[2] Special Considerations Zone

[3] Revised Guidance issued under section 182 of the Licensing Act 2003, April 2018

Supporting documents: