Agenda item - Ascott Mayfair London, Lower Ground Floor, 49 Hill Street, W1

Ascott Mayfair London, Lower Ground Floor, 49 Hill Street, W1

Meeting of Licensing Sub-Committee (4), Tuesday 12th January, 2016 10.00 am (Item 8.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / not applicable

Ascott Mayfair London, Lower Ground Floor, 49 Hill Street, W1

New

15/10074/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 12th January 2016

Membership: Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Aziz Toki

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Relevant Representations: Environmental Health.

Present: Mr Nicolas Frison (Director, Applicant Company), Mr Damien Marty (Business Development Director and shareholder of Applicant Company), Dave Nevitt (Environmental Health) and PC Reaz Guerra (Metropolitan Police)

Ascott Mayfair London, Lower Ground Floor, 49 Hill Street, W1 15/10074/LIPN
1.	Late Night Refreshment
	Monday to Sunday: 23:00 to 01:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee initially heard from Mr Frison and Mr Marty. They informed Members that their catering company was currently delivering food to hotels and serviced apartments until 22:30 from 49 Hill Street without alcohol being sold. A significant part of their business, which did not include takeaways to residents, was in the Knightsbridge and South Kensington area. They wished to sell alcohol and provide late night refreshment until 01:30 every night of the week. Having received orders on the telephone, the food and drink would be delivered via small motorbikes whose riders would double up as the waiters serving hotel residents. Mr Frison added that the waiters had received the necessary training in relation to sales of alcohol. The Sub-Committee put the point to Mr Frison and Mr Marty that whilst the small motorbikes might make less noise than some larger ones, the Applicants were seeking to use them in a residential area in Central Mayfair until 01:30 which had the potential to cause nuisance. Mr Frison and Mr Marty were asked whether they would consider using electric vehicles or bicycles which were not likely to raise the same issues. Mr Frison replied that they had recently purchased the motorbikes but that they would wish to replace them over time. They were conscious of the requirement for ultra-low emissions in London. The Sub-Committee also asked about collections. Mr Frison responded that this took place at the hotels once a week between 09:00 and 15:00 Monday to Friday. This was processed in their kitchen facilities located in Tower Hamlets. Mr Marty confirmed in response to Members’ questions that the waiters were able to check the age of those receiving the alcohol in the hotel rooms. The Applicants were content to agree all of Environmental Health’s proposed conditions, including the adoption of a Challenge 21 or Challenge 25 proof of age scheme. PC Guerra stated that the Police maintained their representation as the application exceeded the Council’s Core Hours policy. The Police’s main concern was verifying the age of those receiving the alcohol. The Applicants had now agreed the proof of age scheme. The Sub-Committee was next addressed by Mr Nevitt, representing Environmental Health. He referred to his written representation which flagged up his concerns regarding the potential for noise and disturbance caused by the motorbike deliveries. Waverton Street is a quiet, residential area and the premises where the motorbikes would depart from is directly opposite. Mr Nevitt made the point that the situation would be exacerbated by the fact that if the application was granted, activity would take place into the early hours of the morning. He believed that there was the potential for residents to be adversely affected by a number of noise sources including the opening and closing of delivery bay gates, use of vehicle ramps, revving and idling of vehicle engines, radios and delivery staff talking outside the premises. Mr Nevitt expressed concerns that any motorbike riders would arrive back at the premises after 01:30 and residents were likely to notice this. He recommended that the Sub-Committee consider options such as restricting the hours of operation and requiring the Applicants to produce a noise management plan. Mr Nevitt advised that Core Hours for deliveries were not unusual for deliveries in the borough. There was likely to be a time during the night at which local residents would be disturbed. In response to a question from the Sub-Committee, Mr Nevitt stated that he was of the view that electric vehicles would remove a lot of the concerns. His prime concern was the revving of motorbike engines. He would be happy to discuss with the Applicants how they would deal with the other potential noise sources mentioned. After a certain hour there could potentially be an onus on the Applicants to be required to use electric vehicles. The Applicants were asked for their view should the application be granted Core Hours. Mr Frison replied that this would not cause significant issues for the Applicant Company as they would be able to operate from the kitchen in Tower Hamlets. He added that he would be content with a requirement that after Core Hours only electric vehicles could be used and to undertake a noise management report. Mr Nevitt clarified that it would be necessary to identify all the potential noise sources, the most affected residents and how the Applicant would deal with the issues raised. A discussion ensued following PC Guerra’s request for clarification on the likely timings of the activities. Mr Wroe stated that the terminal hour for alcohol related to the last sale. There were currently no restrictions on when the deliveries would leave the premises. Mr Nevitt commented that the supply of late night refreshment was at the point of delivery. Mr Frison and Mr Marty confirmed that one motorbike rider would always return to Ascott Mayfair from having made the delivery and carried out the waiter duties. Mr Frison provided an estimate of time taken following receipt of an order over the telephone. This was likely to be approximately 5 minutes to re-heat the food, up to 15 minutes to deliver it, 5 minutes for the waiter to take the food to the hotel room and take payment before returning to the premises. The Sub-Committee considered that based on the time it would take for the motorbike rider / waiter to undertake his duties and return to the premises after the sale of alcohol and supply of late night refreshment would take place, a terminal hour for the licensable activities would be set of half an hour prior to Core Hours (23:00 Monday to Thursday, 23:30 Friday and Saturday and 22:00 Sunday). Members also decided by a majority of two to one* that in the event the Applicants used electric vehicles only and not motor vehicles for the deliveries they would be permitted to sell alcohol and supply late night refreshment until 01:30 Monday to Sunday as originally applied for. This was in order to give the Applicants an incentive to introduce electric vehicles for all deliveries at all times licensable activities are permitted. The Sub-Committee also decided that the Applicant would be required to produce a noise management plan which would need to be agreed with Environmental Health, which the Applicants had already stated was acceptable to them. The Applicant had also agreed the conditions proposed by Environmental Health including the adoption of a Challenge 21 or Challenge 25 proof of age scheme when delivering alcohol, no noise being permitted to be generated on the premises which gives rise to a nuisance and off-sales being ancillary to a take-away meal. * Councillor Acton wished it to be recorded that she did not agree with the decision to extend the hours for licensable activities if electric vehicles only were used. This was due to concerns that there was the potential for other noise issues, as referred to by Mr Nevitt, to adversely affect residents in the vicinity of the premises apart from the sound of the motorbikes if the permitted hours were extended.
2.	Sale by Retail of Alcohol (Off)
	Monday to Sunday: 12:00 to 01:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	A terminal hour for licensable activities was granted of half an hour prior to Core Hours (23:00 Monday to Thursday, 23:30 Friday and Saturday and 22:00 Sunday). In the event the Applicants used electric vehicles only and not motor vehicles for the deliveries they would be permitted to sell alcohol and supply late night refreshment until 01:30 Monday to Sunday as originally applied for. See reasons for decisions in Section 1.
3.	Opening Hours
	Monday to Sunday: 12:00 to 01:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	A terminal hour for licensable activities was granted of half an hour prior to Core Hours (23:00 Monday to Thursday, 23:30 Friday and Saturday and 22:00 Sunday). In the event the Applicants used electric vehicles only and not motor vehicles for the deliveries they would be permitted to sell alcohol and supply late night refreshment until 01:30 Monday to Sunday as originally applied for.

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. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

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

11. 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.

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

13. A Challenge 21 or 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.

14. 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.

15. The licence shall have no effect until a noise management plan has been submitted and agreed with the Environmental Health Consultation Team.

16. Deliveries of alcohol and the provision of late night refreshment shall not be made from the premises after the following hours:

· Monday to Thursday 23:00

· Friday and Saturday 23:30

· Sunday 22:00.

17. Notwithstanding condition 16, deliveries of alcohol and the provision of late night refreshment shall be permitted to be made from the premises until 01:30 hours Monday to Sunday in the event that electric vehicles or bicycles are used for these deliveries.

Supporting documents:

Ascott Mayfair London Lower Ground Floor 49 Hill Street W1, item 8. PDF 975 KB