Agenda item
28/50, Basement And Ground Floor, 15-17 and 19 Marylebone Lane, W1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
Marylebone High Street Ward / not in cumulative impact area |
28/50, Basement And Ground Floor, 15-17 and 19 Marylebone Lane, W1 |
Variation |
16/03005/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 27th June 2016
Membership: Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Peter Freeman
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health and 1 local resident.
Present: Mr Alun Thomas (Solicitor, Representing the Applicant), Mr Sid Clark (Designated Premises Supervisor) and Mr Dave Nevitt (Environmental Health).
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28/50, Basement And Ground Floor, 15-17 and 19 Marylebone Lane, W1 16/03005/LIPV
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1. |
Layout alteration |
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To change the layout in the basement and add a bar server as per drawing no. 1064-PLN-03.
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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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This was an application for a variation of the premises licence to change the layout in the basement and add a bar server, allow the sale of alcohol without food in the basement by up to 12 customers and permit off-sales to either seated customers taking a table meal in the external seating area or in sealed containers. Mr Thomas, representing the Applicant, stated that 28/50 had opened in 2012 and was owned by Agnar Sverrisson, chef patron and owner of the Textile restaurant group. He owned two other premises in Westminster. There was an emphasis on French food at the premises and customers were offered a programme of wine tastings, workshops and themed dinners.
Mr Thomas explained that not only was there a similar area where alcohol was not ancillary to food for approximately ten people at the Maddox Street premises but that there was already a bar area on the ground floor at this Marylebone Lane premises where alcohol was not ancillary to food for up to 12 seated customers. Alcohol would be supplied in the basement by waiter or waitress.
Mr Thomas responded to the local resident’s written representation. He expressed the view that the representation was making the case that the application would add to cumulative impact. Mr Thomas made the point that Policy PB1 was relevant for bar use outside the designated cumulative impact areas. Applications would only be granted if it could be demonstrated that the proposal met the relevant criteria in Policies CD1, PS1, PN1 and CH1. He added that there were no grounds to reach a conclusion that the licensing objectives would not be promoted if the application was granted.
In response to questions from Members of the Sub-Committee, Mr Thomas stated that off-sales were required for any outside area which was not on the private forecourt and also have the capacity to buy a bottle of wine which was in keeping with the concept of the premises offering a wine workshop. Mr Thomas and Mr Clark clarified that it was not the intention for the basement to be purely a vertical drinking area. There would be seating at the bar and people would want to eat at the bar counter. A condition had also been proposed to the effect that alcohol could only be supplied to persons who are seated.
The Sub-Committee heard from Mr Nevitt, representing Environmental Health. He advised Members that the premises had operated without any cause for concern in the four years since it had opened. 28/50 is food led and is not located within the designated cumulative impact areas. He referred to the fact that the additional area proposed where alcohol would not be ancillary to food was in the basement and was not visible from the street. Mr Nevitt believed the application was not controversial and he had maintained his representation in order to assist the Sub-Committee and also the local resident had he been in attendance.
The Sub-Committee sought to clarify the position regarding use of any outside areas. Mr Thomas explained that there were two external areas, one in Jason Court which was within the demise of the premises and one in Marylebone Lane, which it was believed was on the public highway.
The Sub-Committee granted the application, subject to conditions as set out below. Members were satisfied that granting the application with hours that were in keeping with the Council’s Core Hours at a location which was not within the designated cumulative impact areas would not undermine the licensing objectives. Members took into account Mr Nevitt’s advice that the premises had operated to date without any cause for concern with the management having experience of already operating a bar within a restaurant at 15-17 and 19 Marylebone Lane.
The Sub-Committee permitted the Applicant’s suggested amendments to conditions 18, 24 and 26 on the existing premises licence as they updated the position in the light of there now being a bar area in the basement in addition to the one on the ground floor. It was agreed in respect of replacing condition 10 on the existing licence that this needed to reflect that off-sales would be in sealed containers only, save for the external seated area in Marylebone Lane which was not within the demise of the premises.
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2. |
Conditions being varied, added or removed |
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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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The Sub-Committee permitted the Applicant’s suggested amendments to conditions 18, 24 and 26 on the existing premises licence as they updated the position in the light of there now being a bar area in the basement in addition to the one on the ground floor. It was agreed in respect of replacing condition 10 on the existing licence that this needed to reflect that off-sales would be in sealed containers only, save for the external seated area in Marylebone Lane which was not within the demise of the premises.
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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.
Additional Conditions
9. All doors and windows onto Jason Court shall be kept closed after 23:00, except for emergency access and egress.
10. Sales of alcohol for consumption off the premises shall be in sealed containers only, save for sales to patrons seated and taking a table meal in the external area in Marylebone Lane.
11. External tables and chairs shall be rendered unusable by 23:00 hour.
12. 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.
13. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
14. 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 to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.
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 alcohol (h) any visit by a relevant authority or emergency service.
16. Notices shall be displayed reminding customers to leave quietly.
17. 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.
18. The sale of alcohol in the bar areas hatched on the attached plans shall be by waiter or waitress service only’
19. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
20. No deliveries to the premises shall be arranged between 23:00 and 08:00 hours.
21. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
22. Save for the bar areas hatched on the plans, the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
23. The supply of alcohol shall be by waiter or waitress service only.
24. In the bar areas hatched in the plans, alcohol shall only be supplied to persons who are seated and a maximum of 12 persons shall be permitted in each bar area at any one time.
25. The number of persons permitted inside the premises at any one time when licensable activities take place (excluding staff) shall not exceed 80 persons.
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Supporting documents:
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