Agenda item
30 Upper Grosvenor Street, W1
App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
West End Ward / not in cumulative impact area |
30 Upper Grosvenor Street, W1 |
New |
16/08836/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 24th November 2016
Membership: Councillor Jean Paul Floru (Chairman), Councillor Nick Evans and Councillor Murad Gassanly
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrence
Relevant Representations: Environmental Health and one local resident.
Present: Mr Gary Grant (Barrister, Representing the Applicant) and Mr Andrew Wong (representing the applicant) and Mr MPS Puri (Applicant).
30 Upper Grosvenor Street, London, W1K 7PH 16/08836/LIPN |
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1. |
Late Night Refreshment – Indoors and Outdoors
Monday to Saturday: 23:00 – 01:00 Sunday: 23:00 – 00:00
Seasonal Variations/Non-Standard Timings:
On the day of commencement of British Summer Time the terminal hour will be an additional hour to the one stated.
From the end of the permitted hours on New Year’s Eve to the start of the permitted hours on New Year’s day. No restriction to the provision of licensable activities to hotel guests and their bona fide guests.
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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):
The Sub-Committee considered an application by Restaurant Craft Limited for a new premises licence in respect of 30 Upper Grosvenor Street, London, W1K 7PH.
The Licensing Officer provided an outline of the application to the Sub-Committee and advised that following dialogue with the applicant and the agreement to a number of proposed conditions, the Police had now withdrawn their representation. Two representations remained, one from Environmental Health and one from a local resident who did not attend the hearing.
In response to a question from the Sub-Committee Mr Grant, representing the applicant, confirmed that the provision to sell alcohol from 11:00 on Sunday’s had been requested primarily to form part of a brunch offer.
The Council’s Legal Adviser brought to the Sub-Committee’s attention that the proposed terminal hour on Sunday was 00:30 and not 00:00 as stated in the report.
The Sub-Committee noted that the objection received was from a resident who did not live in the immediate vicinity of the premises.
The Sub-Committee noted and considered the representation received from Environmental Health.
Having considered the application the Sub-Committee was satisfied that the conditions attached to the licence would ensure that the licensing objectives were upheld and promoted. As such the Sub-Committee granted the application.
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2. |
On and Off Sales by retail of Alcohol
Monday to Saturday: 10:00 – 01:00 Sunday: 11:00 – 00:00
Seasonal Variations/Non-Standard Timings:
On the day of commencement of British Summer Time the terminal hour will be an additional hour to the one stated.
From the end of the permitted hours on New Year’s Eve to the start of the permitted hours on New Year’s day. No restriction to the provision of licensable activities to hotel guests and their bona fide guests.
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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):
The Sub-Committee granted the application, see reasons for decision in Section 1.
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3. |
Provision of Film – Indoors
Monday to Saturday: 10:00 – 01:00 Sunday: 11:00 to 00:00
Seasonal Variations/Non-Standard Timings:
On the day of commencement of British Summer Time the terminal hour will be an additional hour to the one stated.
From the end of the permitted hours on New Year’s Eve to the start of the permitted hours on New Year’s day. No restriction to the provision of licensable activities to hotel guests and their bona fide guests.
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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):
The Sub-Committee granted the application, see reasons for decision in Section 1.
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4. |
Provision of Recorded Music – Indoors
Monday to Saturday: 10:00 – 01:00 Sunday: 11:00 to 00:00
Seasonal Variations/Non-Standard Timings:
On the day of commencement of British Summer Time the terminal hour will be an additional hour to the one stated.
From the end of the permitted hours on New Year’s Eve to the start of the permitted hours on New Year’s day. No restriction to the provision of licensable activities to hotel guests and their bona fide guests.
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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):
The Sub-Committee granted the application, see reasons for decision in Section 1.
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5. |
Hours Premises are Open to the Public
Monday to Saturday: 07:00 – 01:30 Sunday: 07:00 – 00:30
Seasonal Variations/Non-Standard Timings:
On the day of commencement of British Summer Time the terminal hour will be an additional hour to the one stated.
From the end of the permitted hours on New Year’s Eve to the start of the permitted hours on New Year’s day. No restriction to the provision of licensable activities to hotel guests and their bona fide guests. |
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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):
The Sub-Committee granted the application, see reasons for decision in Section 1.
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Conditions attached to the Licence |
Mandatory Conditions
(2) In this paragraph, an irresponsible promotion means nay 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 in 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.
Conditions Consistent with the Operating Schedule
· By waiter or waitress service only · To customers who are seated, and · All tables and chairs are removed or rendered unusable by 11pm
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 refusal of sale of alcohol.
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Supporting documents: