Agenda item
Mr Fogg's, 15 Bruton Lane, W1J
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App No |
Ward/ Stress Area |
Site Name and Address |
Application |
Licensing Reference Number |
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5. |
West End / not in stress area |
Mr Fogg's, 15 Bruton Lane, W1J |
New |
15/02424/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 30th July 2015
Membership: Councillor Tim Mitchell (Chairman) and Councillor Louise Hyams
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Relevant Representations: Environmental Health and Metropolitan Police.
Present: Mr Gary Grant (Counsel, representing the Applicants), Mr Duncan Stirling and Mr Charlie Gilkes (Applicant Company), Mr Ian Watson (Environmental Health) and PC Bryan Lewis (Metropolitan Police).
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Mr Fogg's, 15 Bruton Lane, W1J 15/02424/LIPV
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1. |
Sale by Retail of Alcohol: On and off the premises |
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Monday to Sunday: 10:00 to 02:00.
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Amendments to application advised at hearing: |
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The Applicant amended the terminal hour for all licensable activities on Sundays to midnight with closing of the premises at 00.30 on the following day.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee initially heard from Mr Grant, representing the Applicants. He informed Members that the venue pays tribute to the fictional character Phileas J Fogg and the clientele included many of the current prominent real life explorers. The clientele were aged from their mid 20’s to late 80’s and the average age was 35.
Mr Grant emphasised that the venue prior to May 2013 had been a vertical drinking pub but his clients had changed the establishment to a high end lounge and cocktail bar with more seating and upgraded facilities. He made the point that the venue was already permitted to open Sunday to Thursday until 02:00 and Friday and Saturday until 02:30. His clients were now keen to remove the discrepancy between the permitted hours for licensable activities and the opening hours. He expressed the view that customers should not have to ‘stock up’ on alcohol purchases because of the discrepancies in the premises licence.
Mr Grant made the point that since his clients had been operating Mr Fogg’s in May 2013 there had been no reported complaints or incidents. Many residents were customers and there had been no representations against the application from local residents. Over the last eighteen months there had been 19 temporary event notices in operation at Mr Fogg’s until the hours being proposed in the current application and these had not caused any issues.
Mr Grant addressed the Sub-Committee on the proposed conditions. There was one difference between what was being proposed by his clients and Environmental Health and the Police. His clients were requesting a last entry time of 00:30 Monday to Saturday due to the fact that customers who hoped to join their friends after a meal had had to be turned away because of the midnight last entry time on the existing licence. The Police and Environmental Health were requesting a last entry time of midnight.
PC Lewis for the Metropolitan Police and Mr Watson for Environmental Health confirmed that they had maintained their representations due to the need to finalise conditions, notably the last entry time. The Applicants had agreed all of their other proposed conditions, including with Environmental Health that after 2300 hours, smokers shall be limited to 17 persons outside the premises at any one time and SIA door supervisors shall control any smokers to prevent public nuisance and crime and disorder. Mr Watson referred to the Applicants employing a minimum of 2 SIA licensed door supervisors at the premises after 23:00 hours until 30 minutes after the premises closed. Mr Watson also confirmed that there had been no public complaints relating to Mr Fogg’s.
The Sub-Committee, in granting the application with the amended proposed hours on Sundays, considered that there were no reasons to believe that aligning the proposed hours for licensable activities with the opening hours would not promote the licensing objectives (on Sundays the closing time was being brought forward by an hour and a half following the surrender of the existing licence by the Applicants). There had been no complaints against the premises and local residents had not appeared to have been adversely affected by the premises which would have led them to submit representations objecting to the application. The conditions attached to the licence, the vast majority of which had been agreed by the Applicants, promoted the licensing objectives and Mr Fogg’s is not located in a designated stress area. The Sub-Committee decided that a last entry time of 00:30 was appropriate given that there was no evidence that the licensing objectives would be undermined by permitting this. The Chairman made the point to the Applicants that there were residents in the area who would make it clear to them if the conditions on the licence were not being complied with. Should this be the case there was the potential for residents or the Responsible Authorities to review the premises licence.
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2. |
Late Night Refreshment: Indoors |
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Monday to Sunday: 23:00 to 02:00.
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Amendments to application advised at hearing: |
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The Applicant amended the terminal hour for all licensable activities on Sundays to midnight with closing of the premises at 00.30 on the following day.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
Regulated Entertainment |
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Exhibition of a Film: Indoors Monday to Sunday: 10:00 to 02:00.
Playing of Recorded Music: Indoors Monday to Sunday: 10:00 to 02:00
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Amendments to application advised at hearing: |
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The Applicant amended the terminal hour for all licensable activities on Sundays to midnight with closing of the premises at 00.30 on the following day.
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Decision (including reasons if different from those set out in report): |
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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 Sunday: 08:00 to 02:30.
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Amendments to application advised at hearing: |
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The Applicant amended the closing time on Sundays to 00:30 hours on the Monday morning following.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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5. |
Non Standard Timings |
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For Sale by Retail of Alcohol: On and off the premises, Late Night Refreshment: Indoors, Exhibition of a Film: Indoors, Playing of Recorded Music: Indoors & Opening Hours.
· New Year's Eve from the end of permitted hours to the beginning of the permitted hours on New Year's Day.
· When the hours authorised by the licence extend to a timer later than 2am, then in relation to the morning on which British Summer Time begins, the hours will be extended to one hour after that authorised by the licence.
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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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Granted, subject to conditions as set out below.
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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.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
Additional Conditions
11. The maximum number of persons permitted on the premises at any one time shall not exceed 170 persons (excluding staff).
12. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
13. After 23:00, 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.
14. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
15. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
16. The pavement from the building line to eh kerb edge immediately outside the premises, including gutter/channel at its junction with kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
17. A minimum of 2 SIA licensed door supervisors shall be on duty at the premises after 23:00 hours until 30 minutes after the premises closes.
18. Substantial food and suitable beverages other than intoxicating liquor, including drinking water, shall be available during the whole of the permitted hours in all parts of the premises where alcohol is sold or supplied.
19. 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 and to be supervised by SIA door supervisors after 23:00.
20. All staff engaged outside the entrance to the premises, or supervising or controlling queues after 11pm, shall be easily identifiable e.g. by wearing hi-visibility jackets or such other clothing as agreed with the Police.
21. All outside areas shall cease to be used after 23:00 hours except by patrons permitted to temporarily leave and then re-enter the premises e.g. to smoke or for access and egress.
22. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
23. The provision of films shall be incidental to other licensable activities and there shall be no cinema style showing of films.
24. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing should be either non-combustible or be of durably or inherently flame-retared fabric.
25. The hours for licensable activities and opening times may be extended from the end of permitted hours on New Year’s Eve to the beginning of the permitted hours on New Year’s Day.
26. 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.
27. 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.
28. 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:
29. 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.
30. 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.
31. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.
32. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
33. All windows and external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
34. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
35. 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.
36. There shall be no sales of alcohol for consumption off the premises after 2300 hours.
37. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
38. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
39. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
40. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
41. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
42. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment. 43. After 2300 hours, smokers shall be limited to 17 persons outside the premises at any one time and SIA door supervisors shall control any smokers to prevent public nuisance and crime and disorder.
44. There shall be no admittance or re-admittance to the premises after 00:30 hours save for persons temporarily leaving to smoke.
45. This premises licence will not be used as an authorisation for licensable activities until premises licence 14/08468/LIPDPS or such other number subsequently issued has been surrendered and is incapable of resurrection.
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Supporting documents:
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