Agenda item
16 Henrietta Street, WC2
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App No |
Ward/ Stress Area |
Site Name and Address |
Application |
Licensing Reference Number |
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6. |
St James’s / West End |
16 Henrietta Street, WC2 |
New |
15/03912/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
Present: Mr Alun Thomas (Solicitor representing the Applicant), Mr Sam Cotton (Applicant) and Rebecca St Rose (Environmental Health)
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16 Henrietta Street, WC2E 15/03198/LIPN |
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1. |
Playing of Recorded Music: |
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Monday to Saturday: 23:00 to 00:30 Sunday: 23:00 to 00:00
Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee agreed to consider both this application, and the next application on the agenda, ’17-18 Henrietta Street, WC2E’, as both the applications were at the same site and had been submitted by the same applicant.
Mr Thomas, representing the Applicant, began by explaining that both 16 Henrietta Street and 17-18 Henrietta Street presently operated as two separate restaurant bars under one premises licence held by Capital and Counties CG Ltd and Capital and Counties CG Nominee Ltd, who were also the applicants for both sites. The Applicant was applying for separate premises licences for each of the addresses, however the hours of licensable activities would remain the same for each. New operators were due to take over at both addresses, with Frenchies due to occupy 16 Henrietta Street and Flat Iron, a steak restaurant, at 17-18 Henrietta Street. Mr Thomas stated that Flat Iron already operated two other premises without any issues. Mr Thomas advised that the current capacity for 16 Henrietta Street was 140 people, however a capacity of 120 people had been agreed with Environmental Health in respect of the application. He added that he felt that the bar area proposed for 16 Henrietta Street was smaller than what currently existed and that Environmental Health had indicated that they were content with these proposals. In the case of 17-18 Henrietta Street, there was no current capacity limit in place. Replying to queries from Members, Mr Thomas stated that he was unable to assist in advising what capacity limit the present operator applied to 17-18 Henrietta Street. Mr Thomas informed Members that pre-application advice received from the District Surveyor had suggested that the total capacity for 17-18 Henrietta Street was up 420 people, however the Applicant sought a capacity of 220 people. Referring to the plans, he contended that the proposals for the size of the bar area for 17-18 Henrietta Street was replicated like for like, or even a reduction in size compared to what was currently existed and he added that Environmental Health also took this view.
Ms St Rose, from Environmental Health, then addressed the Sub-Committee. Ms St Rose stated that the Applicant was not seeking additional hours for licensable activities, nor were they seeking a higher capacity limit for both applications. She confirmed that there was no current capacity limit for 17-18 Henrietta Street and that potentially it could hold 420 people. Ms St. Rose also confirmed that she had agreed a capacity of 120 people for 16 Henrietta Street and 220 people for 17-18 Henrietta Street. However, she advised that capacity limits may be subject to revisions during the course of the building works.
Members then considered in detail the issue of the capacity in the bar area for 17-18 Henrietta Street whilst studying the plans of the premises. Mr Wroe (Policy Officer) advised that the maps did not adequately demonstrate what the capacity for the bar area was. Members took this point into consideration and concurred that it would be necessary to identify a suitable capacity limit for the bar area when determining the application for 17-18 Henrietta Street.
The Sub-Committee granted the application for 16 Henrietta Street with the conditions agreed. In determining the application, the Sub-Committee noted that no extension of hours for licensable activities were proposed and it considered that the conditions added were appropriate and proportionate and would help the premises licence holder to promote the licensing objectives.
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2. |
Late Night Refreshment: |
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Monday to Saturday: 23:00 to 00:30 Sunday: 23:00 to 00:00
Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing:
None.
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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).
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3. |
Sale by Retail of Alcohol: On and Off Sales |
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Monday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 23:30
Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing:
None.
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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).
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4. |
Opening Hours: |
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Monday to Saturday: 10:00 to 00:30 Sunday: 12:00 to 00:00
Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing:
None.
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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).
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Conditions attached to the Licence |
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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 area hatched black on the deposited plans shall only operate as a restaurant,
i) In which customers are shown to their table, ii) Where the supply of alcohol is by waiter or waitress service only, iii) Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, iv) Which do not provide any take away service of food or drink for immediate consumption, v) Which do not provide any take away service of food or drink after 23:00, and vi) Where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking a substantial table meal there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
10. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
11. 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.
12. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
13. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
14. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 and 08:00 hours on the following day.
15. 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 sweeping collected and stored in accordance with the approved refuse storage arrangements by close of business.
16. 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.
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.
18. 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.
19. 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.
20.
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:
21. The number of persons accommodated at any one time (excluding staff) shall not exceed 120 (or such other limit agreed with the Environmental Health Consultation Team).
22. The application will have no effect until the Licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the district surveyor’s association – technical standards for spaces of entertainment and the reasonable requirements of Westminster environmental health consultation team, at which time this condition will be removed from the licence.
23. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.
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Supporting documents:
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