Agenda item

38 Groom Place, 38 Groom Place, SW1

App

No

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

5.

Knightsbridge and Belgravia /

not in stress area

38 Groom Place, 38 Groom Place, SW1

New

15/03975/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 one local resident

 

Present:  Mr James Rankin (Counsel, Applicant’s Representative), Mr Carlo Tambini (the Applicant) and Ms Opeyemi Alabi (Environmental Health)

 

38 Groom Place, 38 Groom Place, SW1X

15/03975/LIPN

1.

Sale of Retail by Alcohol

 

 

Monday to Saturday:                                          10:00 to 23:00

Sunday:                                                              10:00 to 22:30

 

Non-standard Timings: To extend retail sale of alcohol from end of permitted time on New Year's Eve to the start of permitted hours on New Year's Day.  To also allow for the provision of late night refreshment from 23:00 on New Year’s Eve until 05:00 on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Mr Rankin, representing the Applicant, began by stating that the Applicant currently operated three licensed premises.  Mr Rankin advised that the Applicant sought to amend the capacity condition so that ground floor capacity would be 20 people and the first floor capacity would be  20 people, with overall capacity remaining at 40 people at any one time. He advised that Environmental Health were in agreement with this proposal. He advised that one resident had withdrawn their representation after discussing the application with the Applicant, meaning only one resident’s representation remained who had also been contacted by the Applicant but had yet to submit a response.  Mr Rankin advised that the roof terrace, referred to in the resident’s representation was not part of the Applicant’s proposals. He confirmed that the Applicant had agreed to the conditions proposed by Environmental Health.

 

Members sought the Applicant’s views in respect of the potential for noise to echo around the narrow streets from customers of the proposed premises. In reply, Mr Rankin advised that the application was within core hours and that only a small number of people would be seated outside. Further to a query from a Member with regard to condition 26, Mr Rankin indicated on behalf of the Applicant that he would be happy to limit the number of patrons to temporarily leave and then re-enter the premises to five people at any one time.  Members sought further clarification with regard to the proposed amendment of condition 11 concerning the maximum number of people on the premises who are permitted to consume alcohol without taking a table meal. In reply, Mr Rankin advised that although it was not the Applicant’s intention to operate as a bar, he wished to supply alcohol to a small number of customers who were not eating and that the Applicant would be happy to reduce the number of people permitted for this activity from 15 to 10, if it was the Sub-Committee’s wish.

 

Ms Alabi from Environmental Health confirmed that all conditions had been agreed with the Applicant, including the amended condition relating to capacity. She also stated that Environmental Health were content to provide the Applicant with some flexibility with regard to number of people consuming alcohol that were not taking a table meal.

 

The Sub-Committee granted the application and reduced the number of people permitted to drink alcohol that was not ancillary to a meal and to the number of people permitted to enter temporarily leave and re-enter the premises to ten people and five people respectively.  It also added a condition requesting that the Applicant display a notice on the windows of the premises with letters of at least two inches in height requesting that customers leave the premises quietly as they are in a residential area. The Sub-Committee in determining the application decided that the conditions as amended and added were appropriate and proportionate and would help the Applicant uphold the promotion of the licensing objectives. 

 

2.

Opening Hours

 

 

Monday to Sunday:                                            10:00 to 23:00

 

Non-standard Timings: From end of permitted hours on New Year’s Eve to 03:30 on New Year’s Eve.

 

 

 

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

 

  1. The number of persons permitted in the premises at any one time excluding staff shall not exceed:

Ground Floor - 20 persons

First Floor - 20 persons

with an overall capacity of 40 persons at any one time.

 

  1. The supply of alcohol for consumption on the premises shall only be to persons who are seated at tables.

 

  1. The supply of alcohol for consumption on the premises shall only be to persons taking a table meal there and for consumption by such a person as ancillary to their meal with the exception that prior to 22.30 there may be up to 10 people in the premises at any one time who are permitted to consume alcohol although not taking a table meal.

 

  1. The supply of alcohol shall be by waiter or waitress service only.

 

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

 

  1. The availability of alcohol without food shall not be promoted or advertised otherwise than on menus and price lists within the premises.

 

  1. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal.

 

      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.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 (except to persons seated at tables).

  1. 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.

 

 

19.There shall be no striptease or nudity, and all persons shall be decently attired at all times unless the premises are operating under the authority of a Sexual Entertainment Venue Licence.

 

  1. 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.

 

  1. 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.

 

  1. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

 

  1. 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.

 

  1. All outside tables and chairs shall be rendered unusable by 23.00 hours each day.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

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

 

  1. 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.

 

  1. 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.

 

  1. No deliveries to the premises shall take place between 22.00 and 08.00 on the following day.

 

  1. During the hours of operation 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 the aforementioned 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.

 

  1. A direct telephone number for the manager at the premises shall be visibly displayed on the windows of the premises in lettering of at least 2 inches in height and 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.

 

  1.  A notice displayed on the windows of the premises in lettering of at least 2 inches in height displaying the telephone number of the manager shall be publically available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

  1. 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: