Agenda item

The Provider, Development Site At The Percy And Founders Off Mortimer Street, W1

App

No

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

2.

West End /

not in stress area

The Provider, Development Site At The Percy And Founders Off Mortimer Street, W1

New

15/02407/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 16th July 2015

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Murad Gassanly

 

Legal Adviser:             Heidi Titcombe

Policy Adviser:            Chris Wroe

Committee Officer:     Toby Howes

 

Relevant Representations: Environmental Health and a local neighbourhood association

 

Present:  Mr Neil McCann (Solicitor, representing the Applicant) and Anil Drayan (Environmental Health).

 

The Provider, Development Site at The Percy and Founders, Off Mortimer Street, W1T

15/02407/LIPN

 

1.

Sale by Retail of Alcohol – On and Off the Premises

 

 

Monday to Saturday:                                          10:00 to 22:00

Sunday:                                                              12:00 to 21:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Mr McCann, representing the Applicant, began by stating that most of the proposed conditions had been agreed with Environmental Health.  He informed Members that one area where there was disagreement was their request for a condition stating that the supply of alcohol shall only be sold to a person seated and taking a table meal and for consumption by such a person as ancillary to that meal. Mr McCann stated that it was proposed for the premises to be a small café and he felt that insisting on alcohol being sold ancillary to a meal was excessive and inappropriate.  He added that the Metropolitan Police had already agreed to amend the condition to read that “the supply of alcohol at the premises shall only be sold to a person seated.” However, he also considered that a condition that the supply of alcohol shall be by waiter or waitress service was also inappropriate, especially as the Applicant wished to provide a counter service.  Mr McCann also contended that a condition requiring alcohol to be locked behind grills, screens or cabinet doors outside the authorised sale of alcohol was not necessary as this was a condition more appropriate for an off licence. He confirmed that the Applicant sought a capacity of 34 people and he submitted that the 15 people capacity suggested in a condition was overly strict, particularly as a disabled toilet was proposed on the premises.  Mr McCann contended that the remaining conditions addressed the concerns raised by residents in their representations. He argued that as the terminal hour applied for was 22:00, this licence would be unattractive to a different operator should they acquire the premises if they wanted to operate as a bar.  In which case they would need to apply for a variation where further representations could be made.  Mr McCann concluded by stating that the premises was not in a stress area and this should be taken into account when determining the application.

In reply to a Member’s questions regarding the status of the applicant, Mr McCann confirmed that the applicant was also the proposed operator. 

 

Mr Drayan from Environmental Health then addressed the Sub-Committee. Mr Drayan confirmed that he was content for the proposed condition to be amended so that supply of alcohol shall only be sold or supplied to a person seated.  He did consider it necessary for alcohol to be sold ancillary to a table meal.  Mr Drayan agreed that the condition stating that the supply of alcohol shall be by waiter or waitress service only was not necessary and a counter service was acceptable.  However, he also added that self-service of alcohol should not be permitted.  Mr Drayan also agreed that the condition relating to securing alcohol behind locked grills, screens or cabinet doors outside the authorised hours of sale of alcohol was not necessary and could be deleted.  In respect of capacity, Mr Drayan explained that it had become apparent that the premises could operate as a bar.  He stated that Environmental Health policy with regard to newly built premises, especially those operating as a bar, was that Applicants make every effort to comply with the requisite British Standards 6465 on W/C facilities requiring one female W/C and one male W/C in order to accommodate a capacity of 30 people.  Mr Drayan acknowledged that exceptions could be made to complying with this policy, as had been the case at The Percy and Founders, on the same site as the Applicant’s premises, who had argued that as their premises were never likely to be at maximum capacity and therefore the British Standards 6465 W/C provision was not necessary. As a result, The Percy and Founders was not compliant with British Standards 6465. However, Mr Drayan added that the Applicant had indicated that customers could use the W/C facilities at The Percy and Founders.

 

At this point, Members asked Mr McCann if it was possible to add another W/C to the premises as it was still in the process of being built. In reply, Mr McCann stated that the premises only occupied a small space and the architects had deemed that two W/Cs were not viable. He added that if the premises was to operate as a bar in the future, then it would probably extend its hours to core hours and maybe at that stage one W/C would not be sufficient.  However, as the application stood, Mr McCann felt that two W/Cs were not necessary and that this was a customer issue rather than a licensing issue.  He added that the operator was a responsible operator that had not received complaints.

 

The Sub-Committee granted the application and considered that consumption of alcohol need not be ancillary to a table meal, nor solely be supplied to customers by a waiter or waitress service. Accordingly, it amended conditions initially proposed by Environmental Health so that the consumption of alcohol shall only be to a person seated and that there shall be no self-service of alcohol. The Sub-Committee also considered that securing alcohol behind locked grills, screens or cabinet doors was not necessary and so would not be added to the premises licence. In amending these conditions, the Sub-Committee considered that as the premises was small and not in a stress area, the Applicant would be able to uphold the promotion of the licensing objectives and it also took into account the fact that Environmental Health had agreed to these amendments at the hearing.

 

With regard to capacity, the Sub-Committee agreed that the total capacity be 34 people at any one time, excluding staff and shoppers, was appropriate. The Sub-Committee also agreed that an exception to British Standards 6465 could be made and that one W/C would be sufficient in view of the premises’ size. The Sub-Committee also replaced proposed condition 17 with Model Condition 44.

 

The Sub-Committee considered that the conditions attached to the licence were appropriate and proportionate to promote the licensing objectives.

 

2.

Opening Hours

 

 

Monday to Saturday:                                          07:00 to 22:00

Sunday:                                                              08:00 to 21:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

 

Granted, subject to conditions as set out below (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;

 

(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.

 

Additional Conditions

 

9.         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.

 

10.       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.

 

11.    The consumption of alcohol at the premises shall only be to a person seated.

 

12.     There shall be no self-service of alcohol.

 

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 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.

 

15.    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 or searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.

 

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

 

17.       There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

 

18.       Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

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

 

20.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance

 

21.       No rubbish, including bottles, shall be moved, removed or placed in outside areas between 23:00 and 08:00 hours.

 

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

 

23.         No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

24.          No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises except for premium product in glass bottles.

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

26.          Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

27.          The number of persons permitted at the premises at any one time (excluding staff and persons shopping) shall not exceed 34 persons.

28.          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.

29.          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.

30.          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.

31.          Before the premises open to the public, the plans as deposited (no ref. dated 29.06.2015) will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction, new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

32.         The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

 

 

Supporting documents: