Agenda item - Restaurant, Basement and Ground Floor, 1 Grosvenor Gardens, SW1

Restaurant, Basement and Ground Floor, 1 Grosvenor Gardens, SW1

Meeting of Licensing Sub-Committee (4), Monday 27th June, 2016 10.00 am (Item 5.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / not in cumulative impact area

Restaurant, Basement and Ground Floor, 1 Grosvenor Gardens, SW1

New

15/07477/LIPN

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, 1 business and 4 local residents.

Present: Mr Laurence Selman (Director of Applicant Company), Mr Fiaz Rasool (Responsible for the Servicing Management Plan), Mr Ian Watson (Environmental Health), Mr Stuart Geddes (Goring Hotel) and Ms Ursula Claxton (local resident).

Restaurant, Basement and Ground Floor, 1 Grosvenor Gardens, SW1 15/07477/LIPN
1.	Late Night Refreshment (Indoors)
	Monday to Thursday 23:00 to 23:30 Friday to Saturday 23:00 to 00:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee had previously adjourned the application in March 2016 in order that further information was obtained from the Applicant Company as to how its management service plan would meet the licensing objectives. Goring Hotel and local residents had submitted representations objecting to the use of Grosvenor Gardens Mews East for deliveries and collections at the back of the proposed restaurant site. The hearing on 12 May 2016 was further adjourned due to an indication being given by Grosvenor Estates (the landlord) that it would not give permission for the Mews to be used to service the restaurant. This hearing amounted to a complete rehearing of the application based on a revised service plan. At the hearing it was confirmed on behalf of the Applicant that as set out in the revised Servicing Management Plan (which had been approved by the landlord, Grosvenor Estates), Grosvenor Gardens Mews East would not be used for deliveries and collections. Servicing would instead take place from Beeston Place and/or the loading bay in Upper Grosvenor Gardens. Incoming supplies would be transported manually along the Lower Grosvenor Place footway, from the delivery vehicle to the Restaurant staff entrance. This would be via the new stairs (there was planning consent and listed building consent to replace the existing ladder with the stairs) from the street level to the basement of the premises. It was confirmed in response to a question from the Sub-Committee that off-sales were not required. Mr Watson, representing Environmental Health, referred to the nature of the application being for the sale of alcohol and late night refreshment for hours that were within the Council’s Core Hours policy. Alcohol would be ancillary to a table meal except for a hatched area where some bar use was sought on the basement and ground floors. Mr Watson stated that the emergency escape to Grosvenor Gardens Mews East needed to remain. The Applicant had now set out in the revised Servicing Management Plan that there would be no deliveries and collections in Grosvenor Gardens Mews East. Deliveries would now be to the main entrance to the Restaurant or staff entrance on Lower Grosvenor Place. Mr Watson commented that the ladder to the basement was unsuitable for collections and deliveries. He had raised this with the Applicants and they now had planning consent for a new substantial staircase which ensured safe access and egress. Mr Watson explained that one of the key points that had been raised at the previous hearing in March was noise from collections. The Council’s collections did not take place from Grosvenor Gardens Mews East. Residents and businesses brought their refuse to Beeston Place for collection. He advised that he had agreed a condition with the Applicants that there would be no collections of waste or recyclable materials, including bottles between 23:00 and 08:00 on the following day. There would be no deliveries between 21:00 and 08:00 the following day. As part of the planning permission, the Applicants were required to have a refuse store. Environmental Health recommended that this was of a sufficient size to hold three days’ refuse which was suitable during Bank Holidays. Mr Watson added that he believed the solution where vans could park in Beeston Place and Grosvenor Gardens and then manual deliveries could be undertaken to the staff entrance was a better one than using Grosvenor Gardens Mews East. This solution had been approved by the landlord, Grosvenor Estates. Mr Geddes stated on behalf of The Goring Hotel that he was delighted and relieved that Grosvenor Gardens Mews East would not be used for deliveries and collections. He did have concerns regarding the potential for increased congestion along Beeston Place as a result of deliveries and collections to the Restaurant. There was a single yellow line along the road where vans and trucks parked. There were already deliveries and collections to The Goring Hotel and another restaurant and bar in the locality. The Sub-Committee was also addressed by Ms Claxton, a local resident. She also expressed relief that Grosvenor Gardens Mews East would not be used for deliveries and collections. In addition to the matters raised by Mr Geddes, she wished to know whether the service lorries of the Restaurant would be bigger than five metres 40 centimetres wide which was the width of Beeston Place in the event that the bays were being used. She expressed concerns that such lorries would have the potential to block Beeston Place. If items were being manually delivered to Lower Grosvenor Place then it was believed the vehicles would be stationary in Beeston Place for some time. Mr Selman replied that his company would use its best endeavours to have service vehicles of the same size as those used by the other firms in the locality referred to by Mr Geddes. Ms Claxton also made reference to the plan of Grosvenor Gardens Mews East at page 109 of the report which had a legend identifying commercial premises at ground floor level. For the record, she wanted it to be noted that units 3, 7, 9 and 11 were actually residential at first floor level. Ms Claxton drew the attention of those present to the proposed basement plan (east) included in the report and asked whether a hoist would remain in the refuse store. This she believed indicated that goods could still be moved through Grosvenor Gardens Mews East and she was concerned that refuse might be stored in the fire escape area. She was informed that there were no plans to store refuse in the fire escape area. The hoist was an aspect of an earlier revision of the plans when it had still been intended to service via Grosvenor Gardens Mews East. The reference to the hoist could now be removed from the plans as there were now no plans to do so. Ms Claxton requested that any updated plans were accurate. In respect of timings of deliveries, she referred to the Servicing Management Plan indicating that these would take place between 07:30 and 16:00 on weekdays and between 08:00 and 13:00 on a Saturday. There would be no deliveries or collections on Sundays and Bank Holidays. Mr Watson replied that the times Ms Claxton had referred to were said to be too early at the previous hearing. The times which had been agreed between Environmental Health and the Applicant would overrule those set out in the Servicing Management Plan should the Sub-Committee be minded to attach the proposed conditions to the premises licence. Ms Claxton made the point that the bedroom of residents at number 3, Grosvenor Gardens Mews East was located next to the fire escape area. She was concerned that the premises would be open from 07:00 to midnight on Fridays and Saturdays and that the residents would be disturbed. The Sub-Committee asked those representing the Applicant Company whether they would be content with a condition being attached to the premises licence that Grosvenor Gardens Mews East would not be used for any activity related to the restaurant except as an emergency exit. Mr Selman confirmed that they had no objection to such a condition being attached. The Sub-Committee noted that the application had been previously adjourned in March 2016 in order that further information was obtained from the Applicant Company as to how its management service plan would meet the licensing objectives, in particular public nuisance. The Sub-Committee considered in granting the application that the Applicant had taken steps to minimise the potential for public nuisance by not having any collections or deliveries via Grosvenor Gardens Mews East as set out in its revised Servicing Management Plan. There were restrictions on the timings of deliveries and collections as agreed between Environmental Health and the Applicant and the Sub-Committee decided that there would be no deliveries or collections on Sundays or Bank Holidays as had been indicated in the Applicant’s Servicing Management Plan. Members were aware that parking is a matter for consideration by a planning committee but not by a licensing sub-committee. Deliveries and collections were relevant in so far as they related to licensable activities and had the capacity to cause public nuisance to local residents in Grosvenor Gardens Mews East. Members did not feel it appropriate that consideration of the application should be based on possible parking scenarios in Beeston Place. It was also not appropriate for the Applicant to be denied the same opportunities to collect or deliver at Beeston Place that were currently available to The Goring or other premises in the locality. The Sub-Committee also considered in granting the application that this was an application for licensable activities within Core Hours outside the designated cumulative impact areas. The Applicant was no longer seeking off-sales.
2.	Sale by retail of alcohol (On and Off)
	Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 12:00 to 22:30.
	Amendments to application advised at hearing:
	It was confirmed by the Applicant that off-sales were not required.
	Decision (including reasons if different from those set out in report):
	The proposed hours for on-sales were granted, subject to conditions as set out below (see reasons for decision in Section 1).
3.	Opening Hours
	Monday to Thursday 07:00 to 23:30 Friday to Saturday 07:00 to 00:00 Sunday 07:00 to 22:30.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below.
4.	Seasonal variations / Non-standard timings:
	Late Night Refreshment (Indoors) From the end of permitted hours on New Year’s Eve to 05:00 on New Year’s Day. Sunday before Bank Holiday 23:00 to 00:00. Sale by retail of alcohol (On and Off) From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sunday before Bank Holiday 10:00 to 00:00. Opening Hours From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sunday before Bank Holiday 07:00 to 00:00.
	Amendments to application advised at hearing:
	Off-sales were withdrawn by the Applicant.
	Decision (including reasons if different from those set out in report):
	This aspect of the application was granted except for off-sales which had been withdrawn by the Applicant, subject to 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.

Additional Conditions

9. Save for the area(s) hatched black on the plan, 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.

10. 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.

11. The venue will install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All entry points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the venue is open for licensable activities for a period of 31days with date and time stamping. Recordings shall be made available, immediately upon the request of Police or authorised officer throughout the preceding 31days.

12. 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 shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

13. 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 or passport.

14. 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, which will record the following:

i) all crimes reported to the venue

ii) all ejections of patrons

iii) any complaints received

iv) any incidents of disorder

v) all seizures of drugs or offensive weapons

vi) any faults in the CCTV system

vii) any refusal of the sale of alcohol

viii) any visit by a relevant authority or emergency service.

15. 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.

16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

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

18. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 and 08:00 hours on the following day.

19. 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 sweeping collected and stored in accordance with the approved refuse storage arrangements by close of business.

20. 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.

21. No licensable activities shall take at the premises until the 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. Such capacity not to exceed 150 persons excluding staff.

22. The licence will have no effect until the Licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the district Surveyor’s Association – technical Standards for Paces of Entertainment and the reasonable requirements of Westminster environmental Health Consultation team, at which time this condition will be removed from the licence.

23. The supply of alcohol for consumption ‘On’ the premises shall be by waiter/waitress or bar service only.

24. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 on Monday to Saturday and 08.00 on the following day. There shall be no such collections on Sundays and Bank Holidays.

25. No deliveries to the premises shall take place between 21.00 on Monday to Saturday and 08.00 on the following day. There shall be no deliveries on Sundays and Bank Holidays.

26. The emergency exit door leading onto Grosvenor Gardens Mews East shall be self-closing and remain closed when the premises are operating under the authority of the licence.

27. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

28. 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.

29. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

30. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

31. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

32. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

33. Grosvenor Gardens Mews East will not be used for any activity related to the restaurant except as an emergency exit.

Supporting documents:

Restaurant Basement And Ground Floor 1 Grosvenor Gardens SW1, item 5. PDF 24 MB