Agenda item
Vegan Hippo, 52 Rupert Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
West End / West End Cumulative Impact Area |
Vegan Hippo, 52 Rupert Street, W1 |
New |
16/07079/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 8th September 2016
Membership: Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Jan Prendergast.
Legal Adviser: Barry Panto
Committee Officer: Toby Howes
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health, Metropolitan Police, Licensing Authority and Mr Colin Vaines (Local Resident).
Present: Mr Alun Thomas (Solicitor for Applicant Company), Ms Malgorzata Piskulak (Designated Premises Supervisor, Applicant Company), Mr Anil Drayan (Environmental Health), PC Bryan Lewis (Metropolitan Police) and Mr Steven Rowe (Licensing Authority).
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Vegan Hippo, 52 Rupert Street W1 16/07079/LIPN
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Sale by Retail of Alcohol: On and Off Sales
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Sunday to Thursday: 10:00 to 21:30 Friday and Saturday: 10:00 to 23:00
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
At the request of Mr Vaines (Local Resident) who was not present at the hearing, Ms Lawrance (Presenting Officer) read out his email requesting that all alcohol be served with food and that all on sales consumption of it be inside the premises only and that the premises closes by 22:00.
Mr Alun Thomas (Solicitor for Applicant Company) began by stating that the Applicant Company had purposefully made an application that was well within core hours and that the premises was not a late night operator. He advised that a number of conditions that Environmental Health and the Police had proposed had been agreed by the Applicant Company. However, there were some conditions that he felt were appropriate to amend or not include. Whilst Environmental Health and the Police had proposed the restaurant model condition, Mr Thomas suggested that this be amended to delete both paragraph (i), as a counter service operated at the premises, and paragraph (iv), as some customers were served takeaway food or drink for immediate consumption. In respect of the proposed condition concerning supply of alcohol for consumption off the premises, Mr Thomas requested that the section stating that it be only be to patrons seated and ancillary to a substantial table meal in an area immediately outside the premises appropriately permitted for the use of tables and chairs (hereafter referred to as ‘condition 2b’) be deleted, as this area was part of the premises and included in the application. He also requested that the condition stating that the premises shall ensure that any patrons drinking and /or smoking outside the premises do so in an orderly manner and supervised by staff to ensure there is no public nuisance or obstruction of the public highway (thereafter referred to as ‘condition 4’) be deleted as he felt this was not necessary.
Mr Panto (Legal Adviser to the Sub-Committee) sought clarification that the external tables and chairs were a private forecourt and part of the premises. In reply, Mr Thomas stated that as far as he understood, this was the case and he then displayed the freehold title which appeared to confirm this. Mr Drayan (Environmental Health) added that having walked past the premises, the area concerned did appear to be a private forecourt, and accordingly he would be satisfied with proposed condition 2b being deleted.
Members enquired about the width of the external area and what steps the Applicant Company would take to prevent loiterers from using this area. The Sub-Committee also enquired how frequently the outside tables and chairs were used.
In reply, Mr Thomas advised that the external area’s width could accommodate a table with a chair either side of it. He commented that the premises was small with a total capacity of around 25 persons and the capacity inside was 15 persons and between 8 to 10 persons outside. Mr Thomas then showed the Sub-Committee photographs of the premises and the immediate area. Members heard that the premises was surrounded by four massage parlours that were all open well beyond core hours. The premises was a small vegan restaurant whose alcohol offer was limited to beers and wines. Mr Thomas felt that having customers seated at the external tables and chairs would dissuade loiterers to the area and thereby improve the environment. He stated that the premises had not been the subject of any recorded complaints to the Council.
Ms Piskulak (Designated Premises Supervisor, Applicant Company) added that loiterers in the external area would be asked to move on and if they persisted in remaining there, then the Police would be contacted. There was also CCTV in place to act as a deterrent to loiterers. Ms Piskulak stated that the outside tables and chairs were used regularly, particularly during the summer and at lunchtime and in the evening.
Mr Drayan confirmed that Environmental Health had not received any recorded complaints concerning the premises.
PC Lewis (Metropolitan Police) stated that he was objecting to the application on policy grounds, however he considered the premises to be low risk. However, customers seated in the outside area could be exposed to aggressive begging and PC Lewis suggested that installing external CCTV would be effective in tackling this issue. In addition, he remarked that introducing a cordon to act as a perimeter to the outside area may help in deterring loiterers and beggars.
The Chairman asked whether the area was heavily policed and was the presence of the outside tables and chairs beneficial to the area. In reply, PC Lewis confirmed that the area was heavily policed, however it was difficult to determine whether the external tables and chairs benefitted the area and persistent begging was an issue in the area.
Mr Drayan then addressed the Sub-Committee and confirmed that he had no objection to paragraphs (i) and (iv) of the model restaurant condition being removed. In respect of the proposed condition 4, he felt that this condition should remain as it had been offered by the Applicant Company and would help address concerns raised by Mr Vaines (Local Resident). Mr Drayan felt that using a cordon as a perimeter for the outside area may not be desirable as it could encroach upon a public highway.
Mr Rowe (Licensing Authority) advised that he was objecting to the application on policy grounds and because the premises was in a cumulative impact area. He added that the proposed commencement of the sale of alcohol on Sunday was earlier than core hours.
The Chairman enquired about the reasons why the premises opened early at 06:30 Monday to Saturday and sought the Applicant Company’s views on removing or rendering the outside tables and chairs unusable to an earlier time of 21:00 Monday to Sunday.
In reply, Ms Piskulak advised that local office workers and builders would come to the premises for breakfast early in the morning. She indicated that she would be satisfied with commencing sale of alcohol on Sunday at 12:00.
Mr Thomas stated that in respect of the outside tables and chairs, removing or rendering them unusable by 21:00 would not be ideal as it would reduce their permitted use by 30 minutes Sunday to Thursday and by a whole two hours Friday and Saturday. He added that the premises closed earlier than other premises in the area and he felt that imposing such an earlier time was disproportionate when compared to other activities taking place in Tisbury Court.
The Sub-Committee considered the written representation from Mr Vaines (Local Resident) who was not present at the hearing in addition to his email read out earlier on at the hearing by Ms Lawrance.
The Sub-Committee granted the application, subject to an amendment to the commencement of sale of alcohol on Sunday to be in line with core hours (12:00) as agreed by the Applicant Company at the meeting, conditions as proposed by Environmental Health and the Police and largely agreed to by the Applicant Company and to amendments to the following proposed conditions: deletion of paragraphs (i) and (iv) of the restaurant model condition as proposed by the Applicant Company and agreed by Environmental Health at the hearing, and an amendment to paragraph v [becoming paragraph iii) upon deletion of paragraphs i) and iv)] so that there shall be no take away service of food or drink after 21:30 Sunday to Thursday and after 23:00 Friday and Saturday; deletion of condition 2b as proposed by the Applicant Company and agreed by Environmental Health at the hearing, and; an amendment to the CCTV condition so that provisions be made for recording the external area of the premise to the satisfaction of the Westminster Police Licensing Team.
In determining the application, the Sub-Committee acknowledged that the application was well within core hours and that the premises was a restaurant. The Sub-Committee also considered that the conditions added would assist the premises licence holder to prevent adding to cumulative impact in a cumulative impact area and help them to uphold the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm).
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2.
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Hours Premises are Open to the Public |
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Monday to Thursday: 06:30 to 22:00 Friday and Saturday: 06:30 to 23:30 Sunday: 08:00 to 22:00
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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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. The premises shall only operate as a cafe
(i) where the supply of alcohol is by waiter or waitress service only, (ii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, (iii) which do not provide any take away service of food or drink after 21:30 Sunday to Thursday and after 23:00 Friday and Saturday, (iv) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
10. The supply of alcohol for consumption off the premises shall only be in sealed containers and ancillary to a takeaway meal.
11. All outside tables and chairs shall be removed or rendered unusable by 21:30 hours on Sunday to Thursday and 23:00 hours Friday and Saturday.
12. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
13. 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.
14. The number of persons accommodated at the premises (including staff and including in any permitted external area) shall not exceed 25. Subject to the sanitary accommodation being improved to the satisfaction of the Council's Environmental Health Officer, the capacity may be increased to such number as may be agreed with the licence holder. The actual capacity will only increase when an appropriate condition to that effect has replaced this condition on the licence.
15. 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.
16. 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 points will be covered enabling frontal identification of every person entering in any light condition. Provision shall also be made for recording of the external area of the premises to the satisfaction of the Westminster Police Licensing Team. 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. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
17. 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 are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
18. 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.
19. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
20. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
21. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.
22. No deliveries to the premises shall take place between 23.00 and 08.00hours on the following day.
23. 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.
24. 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:
(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) any faults in the CCTV system (f) any refusal of the sale of alcohol (g) any visit by a relevant authority or emergency service
25. The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.
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Supporting documents:
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