Agenda item - TOP DOG EATS, BASEMENT AND GROUND FLOOR, 48 FRITH STREET, W1

TOP DOG EATS, BASEMENT AND GROUND FLOOR, 48 FRITH STREET, W1

Meeting of Licensing Sub-Committee (4), Thursday 22nd October, 2015 10.00 am (Item 4.)

App

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

West End/ West End Stress Area

Top Dog Eats, Basement and Ground Floor, 48 Frith Street, W1

Variation

15/05492/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 22nd October 2015

Membership: Councillor Jean Paul Floru (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Relevant Representations: Environmental Health and The Soho Society.

Present: Mr Thomas O’Maoileoin (Solicitor, Representing the Applicant) and Mr Ian Watson (Environmental Health)

Top Dog Eats, Basement And Ground Floor, 48 Frith Street, W1 15/05492/LIPV
1.	Layout alteration
	The Applicant seeks to extend the licence to include an area outside the front of the premises. This area is owned by the licence holders and does not form part of the public highway.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	This was a variation application to extend the existing licence in order to include an area outside the front of the premises. Mr O’Maoileoin, representing the Applicant, explained that an application had been submitted to vary the layout of the inside of the premises and this had been granted under delegated authority but had mistakenly not included the external area. The outside area is within the ownership of the licence holders and so does not form part of the public highway. Mr O’Maoileoin stated that the Applicant was proposing that the Council’s model restaurant condition, which was attached to the existing licence for the internal area of Top Dog Eats, would also apply to the outside area. Alcohol would be ancillary to a table meal and served by waiter or waitress to seated customers. The Applicant had agreed the conditions proposed by the Metropolitan Police and Mr Watson of the Council’s Environmental Health Department (“Environmental Health”). The conditions agreed with the Police were the Council’s model CCTV and incident log conditions and that all tables and chairs would be removed by 23:00 hours. The Police had subsequently withdrawn their representation. The conditions agreed with Environmental Health were that the number of tables and benches permitted outside the premises would not exceed 2 tables and 4 benches. Mr O’Maoileoin and Mr Watson advised that the benches were less likely to be moved and impact on the highway than chairs. There was also a proposed condition to remove litter or waste outside the premises and ensure it was swept and / or washed. Mr Watson confirmed that he was content with the application, having visited the premises and having had his concerns addressed as a result of the Applicant agreeing the proposed conditions. MrO’Maoileoin informed the Sub-Committee that he had attempted to contact representatives of The Soho Society but to no avail. He had not received any recent communications from them. He added that the original representation had expressed concerns that table meals would not be provided and there would be the potential for vertical drinking. However, the conditions which his client had agreed would require that substantial table meals were provided and that there could be no vertical drinking. The Sub-Committee asked MrO’Maoileoin about the point made in the original Police representation that the Police Licensing Team had undertaken an inspection of the premises in July 2015 and identified breaches of the current licence. This had resulted in a Closure Notice being issued under Part 8 of the Licensing Act 2003. He replied that there had been some initial “teething issues” due to a lack of proper management, as a front door had been left open in the morning when it should have been closed and a child under fourteen had been eating a hot dog in the premises. The management had ensured that lessons were learnt and the Police had since visited and were now believed to be content. This was demonstrated by the withdrawal of their representation. The Sub-Committee granted the application, considering that the application promoted the licensing objectives (the prevention of crime and disorder, public safety, the prevention of public nuisance, the protection of children from harm) as a result of the conditions being attached to the licence. In addition to the Council’s model restaurant condition and the conditions agreed with the Responsible Authorities, the Applicant would be breaching a condition of the licence if noise emanated from the premises which gave rise to a public nuisance. Potentially this could lead to a review of the premises licence. An additional condition was attached to the licence so that the capacity of 12 in the outside area would be included within the existing total capacity of 42 throughout the premises.

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;

(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 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, supplied, or consumed on the premises otherwise than to persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

Notwithstanding this condition (a) customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal and (b) alcohol may be supplied to and/or consumed prior to their meal by customers in the basement up to a maximum, at any one time, of 16 persons dining at the premises.

10. The maximum number of persons accommodated at any one time (excluding staff) shall not exceed

· Basement 18 persons

· Ground Floor 42 persons (including 12 in the outside area)

· First Floor 30 persons.

11. After 22:00 hours the entrance door shall be kept closed except for immediate access and egress of persons or at any time that regulated entertainment is provided.

12. 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.

13. Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.

14. Patrons permitted to temporarily leave and then re-enter the premises, eg to smoke, shall not be permitted to take drinks or glass containers with them.

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

16. No deliveries to the premises shall take place between 23:00 and 08:00 hours.

17. 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.

18. 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.

19. 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.

20. 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 are open.

21. Children under the age of 14 will not be permitted to remain in the premises after 21:00 hours.

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

23. Loudspeakers shall not be located in the entrance lobby or outside the building of which the Premises form part.

24. Hours for licensable activities and opening may be extended from the end of trade on New Year’s Eve to the beginning of trade on New Year’s Day.

25. The variation of the Premises Licence 14/03927/LIPN 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. It will include the following works:

· ground floor: minor changes to back-of-house areas

· installation of counter/till area.

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 entire 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. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(d) any incidents of disorder

(e) any faults in the CCTV system

(f) any refusal of the sale of alcohol

(g) any visit by a relevant authority or emergency service.

29. The maximum number of tables and benches permitted outside at the front of the premises shall not exceed two tables and 4 benches.

30 All tables and benches shall be removed from the outside area by 23:00 hours each day.

31. 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.

Supporting documents:

2 - Top Dog Eats Basement and Ground Floor 48 Frith Street W1, item 4. PDF 4 MB