Agenda item
The Harcourt Arms, 32 Harcourt Street, W1
|
App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
|
|
3. |
Bryanston and Dorset Square Ward / not in cumulative impact area |
The Harcourt Arms, 32 Harcourt Street, W1 |
New |
16/00449/LIPN
|
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: Yolanda Wade
Relevant Representations: Environmental Health and 9 residential objections.
Present: Mr Piers Warne (appearing on behalf of the Applicant), Mr Thomas Haring (General Manager), Andrew Endean (Operator), Mr Maxwell Koduah (Environmental Health) and Ms Jo Slevin (resident).
|
The Harcourt Arms, 32 Harcourt Street, W1H 4HX 16/00449/LIPN
|
|||||
|
1. |
Late Night Refreshment |
||||
|
|
Sunday to Thursday 23.00 to 23.30 Friday and Saturday 23.00 to 00.00
From the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.
From the end of permitted hours on Sundays immediately prior to a bank holiday until 00.00.
|
||||
|
|
Amendments to application advised at hearing: |
||||
|
|
Ms Wade informed the Sub-Committee that since the publication of the report, the representations made by the Police had been withdrawn as the Applicant had agreed to conditions proposed by the Police as set out at page 134 of the report.
Mr Warne confirmed there was no application for late night refreshment on a Sunday, as the premises would close at 22:30.
|
||||
|
|
Decision (including reasons if different from those set out in report): |
||||
|
|
Mr Piers Warne addressed the Sub-Committee, and confirmed that the Applicant was seeking a new premises licence for the existing public house which was currently being refurbished. The lower ground floor (basement) and ground floor were both used as part of the existing licence, and the application sought to make changes to the layout of the premises, with the addition of private dining rooms on the first floor; a change of layout to the garden area in the lower ground floor which would become a new dining room seating up to 65 customers; and the extension to core hours for both late night refreshment and the sale of alcohol on Fridays and Saturdays..
In response to discussions and representations from local residents, the Applicant had removed a request for recorded music and had agreed conditions with the Police, local residents and Environmental Health. Mr Warne confirmed that music would be provided as occasional background entertainment, which had been discussed with the residents. A further condition had also been agreed regarding capacity, which reflected the fire risk assessment. The capacity agreed was 60 for the Lower Ground Floor, 35 for the Ground Floor and 30 for the First Floor.
The Sub-Committee noted that the previous premises focussed more on serving alcoholic drinks, with music and barbeques in the garden area which led to complaints from local residents. A kitchen situated on the first floor had also caused problems. Mr Warne confirmed that the previous problems would be addressed by the proposed changes to the internal layout of the premises which had been made in response to concerns from residents. Under the new configuration, the kitchen would be removed from the first floor, and the basement area would be totally enclosed and fully covered to ensure that there was no noise nuisance. The premises would also be more food-led, and would seek to attract a different type of clientele.
The Sub-Committee heard evidence from Environmental Health, who asked that the number of people smoking outside of the premises should be limited to 10. Mr Warne considered that conditions agreed had covered all eventualities. If any problems were caused, the applicant would take measures to resolve them, but it was not considered that limiting the numbers of people smoking outside the premises would be justified in accordance with the licensing objectives. The Sub-Committee decided that smoking was generally an issue of understandable concern to residents as it had the potential to cause a nuisance whenever customers temporarily left the premises for that purpose. Although very few of the objectors had raised smoking as an issue, it was noted that the area was highly residential and it was therefore decided that a condition should limit the number of smokers (and anyone else who had to temporarily leave the premises) to 12 persons at any one time, but only after 22.30 hours.
The Sub-Committee also heard from Ms Slevin who, having seen the most recent amendments to the application, was extremely reassured.
The Sub-Committee also noted the representations from other local residents who were not present at the hearing. Most of them backed on to the premises and were concerned about the noise that might be caused by the new restaurant operation in the garden area to the rear of the premises. It was noted that the rear garden would be enclosed and that other measures had been taken during the refurbishment programme which would avoid the type of nuisance that was being caused by the previous operation of the pub, including the moving of the kitchen from the first floor to the basement. A whole raft of additional conditions had also been agreed with the police and the environmental health service so as to provide further protection to the residents. In those circumstances it was considered to be appropriate to grant the application to the core hours being sought by the applicant.
The Sub-Committee gave careful consideration to both the written representations and to the points made at the hearing, and granted the application, subject to conditions attached to the licence as set out below.
|
||||
|
2. |
Sale by retail of alcohol (on-sales only) |
||||
|
|
Monday to Thursday 10.00 to 23.30 Friday and Saturday 10.00 to 00.00 Sunday 12.00 to 22.30
From the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.
From the end of permitted hours on Sundays immediately prior to a bank holiday until 00.00.
|
||||
|
|
Amendments to application advised at hearing:
None.
|
||||
|
|
Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application. (See reasons for decision in Section 1).
The full set of conditions is set out below.
|
||||
|
3. |
Opening Hours |
||||
|
|
From the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.
From the end of permitted hours on Sundays immediately prior to a bank holiday until 00.00.
|
||||
|
|
Amendments to application advised at hearing: |
||||
|
|
None.
|
||||
|
|
Decision (including reasons if different from those set out in report): |
||||
|
|
The Sub-Committee granted the application. (See reasons for decision in Section 1).
The full set of conditions is 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;
(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. 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. 10. All outside tables and chairs shall be rendered unusable by 22.30 each day.
11. After 22.30 each day 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.
12. 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
13. A staff member
from the premises who is conversant with the operation of the
CCTV
14. A Challenge 21
proof of age scheme shall be operated at the premises where the
only
15.
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 (c) any complaints received
concerning crime and disorder (d) any incidents of disorder (e) all
seizures of drugs or offensive weapons (f) any faults in the CCTV
system, searching equipment or scanning equipment (g) any refusal
of the sale of
16.
No licensable activities shall take place at the
premises until premises licence 15/05088/LIPT or such other
subsequently issued for the premises has been 17. 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 19. Loudspeakers shall not be located in the entrance lobby or outside the premises building 20. 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
21. The approved
arrangements at the premises, including means of escape provisions,
emergency warning equipment, the electrical installation and
mechanical equipment, 22. 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. 23. 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. 24. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times. 25. 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. 26. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority 27. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority
28. 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.
29. All windows and external doors shall be kept closed after 22:30 hours, except for the immediate access and egress of persons.
30. 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.
31. After 22:30 hours, patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 12 persons at any one time.
32. The capacity for the premises shall not exceed:
Lower Ground Floor – 60 Ground Floor – 35 First Floor – 30
No licensable activities shall take place at the premises until the final capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
|
Supporting documents:
PDF 13 MB