Agenda item - Cleveland Arms Public House, 28 Chilworth Street, W2

Cleveland Arms Public House, 28 Chilworth Street, W2

Meeting of Licensing Sub-Committee (4), Thursday 10th March, 2016 10.00 am (Item 3.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Lancaster Gate Ward / not in cumulative impact area

Cleveland Arms Public House, 28 Chilworth Street, W2

Variation

15/09112/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10th March 2016

Membership: Councillor Jean Paul Floru (Chairman), Councillor Heather Acton and Councillor Louise Hyams

Legal Adviser: Barry Panto

Policy Officer: Chris Wroe

Committee Officer: Andrew Palmer

Presenting Officer: David Sycamore

Relevant Representations: Environmental Health, four residents and a Residents Association (opposing application) and one resident in support of application.

Present: Maria Tamander (Applicant), Mr Anil Drayan (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – on behalf of local residents), Mr John Zamit (South East Bayswater Residents Association), Natalia Georgiadou, Fran Hutchinson and Anne Roberts (local residents).

Cleveland Arms Public House, 28 Chilworth Street, W2 15/09112/LIPV
	Variation of a Premises Licence, Licensing Act 2003
1.	Current and proposed licensing activities
	To increase the hours of opening times to allow the sale of breakfast (so as to allow the premises to open at 08.00 on Monday to Friday and 09.00 on Saturday and Sunday). Internal changes to the layout (including an amended plan) so as to increase the space available for licensable activities in the basement area and to reinstate full cooking facilities. Extra male and female toilet facilities to be added. The capacity of the premises is to remain at 90 including staff.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Ms Maria Tamander (Applicant) addressed the Sub-Committee in respect of the application, which sought to gain approval for extending the use of the lower ground floor of the premises where a kitchen and dining room would be installed; and for serving breakfast earlier in the morning. Ms Tamander informed the Sub-Committee that she had been working with the City Council and local residents over the past two years, to enable the premises to provide food and attract a broader clientele. Mr Sycamore informed the Sub-Committee that the conditions set out in the report had been agreed with the Applicant. Further conditions which had been proposed by Mr John Zamit (South East Bayswater Residents Association) and agreed by the Applicant were circulated at the meeting. Ms Hutchinson (local resident) confirmed that Mr Zamit’s comments were in line with the opinions of local residents; and requested that any drinking outside the premises would be strictly restricted to the private forecourt area, with all tables and chairs being removed by 22:30 hours. Ms Hutchinson confirmed that the main concern was not over the proposed changes to the Licence, but related to nuisance caused by people drinking outside of the premises and leaving once the premises had closed. Ms Natalia Georgiadou and Ms Anne Roberts (local residents) supported the comments made by Ms Hutchinson. Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project) addressed the Sub-Committee on behalf of local residents, and outlined the comments made by SEBRA on the proposed conditions, which included restricting the smoking area to the private forecourt of the premises; limiting the number of patrons temporarily leaving the premises to smoke after 23:00 hours; and revising the timings for the movement and removal of recycling materials and bottles and for deliveries at weekends. Ms Tamander confirmed that she would be willing to agree the restriction on outside drinking, but informed the Sub-Committee that removing the furniture from the forecourt area would be difficult due to the lack of space inside the building. Mr Drayan commented that he did not consider that the furniture would need to be taken in as it was situated within a sectioned off area secured by metal railings, and was unusable when the premises was closed. Environmental Health had also taken into account residents’ concerns over the use of the adjacent archway, which has been addressed by appropriate conditions. The Sub-Committee gave careful consideration to both the written representations and to the points made at the hearing, and granted the application with conditions as set out below.

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.

9. The terminal hour for late night refreshment on New Year’s Eve is extended to 05:00 on New Year’s Day.

Further Conditions

10. Alcohol may be sold or supplied:

(a) on Monday to Thursday 10:00 to 23:30

(b) on Friday to Saturday 10:00 to 00:00

(d) on New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31^st December).

NOTE: The above restrictions do not prohibit:

(a) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

(e) the taking of alcohol from the premises by a person residing there;

(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

11. The licence holder to provide emergency lighting to BS5266 or an equivalent standard as approved by LFEPA.

12. Regulated entertainment in the form of Live Music, Recorded Music and anything of a similar description is permitted Monday to Sunday within the hours outlined in Condition 10 above, subject to the following agreed conditions:

(a) the premises are to operate within the provisions of s.177 of the Licensing Act 2003.

(b) no external drinking after 23:00.

13. No children under 14 are allowed in the bar unless the following conditions are satisfied:

(a) the premises are not being used solely for the sale or supply of alcohol.

(b) any child under the age of 14 is accompanied by a responsible adult, parent or guardian over the age of 18.

(c) It is between 10:00 and 21:00, except where a meal has been ordered before 21:00 in which case the child may remain on the premises up until 21:30 to allow the consumption of the meal.

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

15. 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.

16. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

17. 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.

18. All windows shall be kept closed when amplified music is being played and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

19. The number of persons permitted in the premises at any one time (including staff) shall not exceed 90 persons with local restrictions of 60 (final figure to be determined on completion of works but not more than 60) in the basement.

20. Patrons permitted to temporarily leave and then re-enter the premises, eg to smoke, shall be restricted to within the private forecourt of the premises at the entrance as shown on the plans.

21. After 23:00 hours patrons permitted to temporarily leave and then re-enter the premises eg to smoke, shall be restricted to the private forecourt referred to in condition 20 and to a maximum of 10 people at any one time and shall not be permitted to take any drinks or glass containers with them.

22. Notices shall be prominently displayed at the exit/entrance and in the external area requesting patrons to respect the needs of local residents and businesses and when leaving to do so quietly.

23. The premises licence holder shall ensure that patrons do not use the archway outside the premises, except for access and egress. This area to be modified by staff including by use of CCTV.

24. A direct telephone number for the manager at the premises 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.

25. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:30 hours on the following day Monday to Saturday and 23:00 hours and 09:30 hours the following day on Sunday.

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

27. No collections of waste or recycling materials, including bottles, from the premises shall take place between 20:00 and 07:00 hours on the following day Monday to Friday between 20:00 and 09:00 hours on the following day on Saturday and between 20:00 and 10:00 hours on the following day Sunday and must only be collected via the front of the premises in Chilworth Street.

28. Deliveries to the premises shall not take place between 20:00 and 07:00 hours on the following day Monday to Friday between 20:00 and 09:00 hours on the following day on Saturday and between 20:00 and 10:00 hours on the following day Sunday except Beer which can only be delivered between 09:00 to 20:00 hours via Gloucester Mews West.

29. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

30. 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.

31. The variation of this premises licence, 15/09112/LIPV, will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation team at which time this condition shall be removed from this licence by the Licensing Authority.

Supporting documents:

Cleveland Arms PH 28 Chilworth Street W2, item 3. PDF 9 MB