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Agenda item

30 Upper Grosvenor Street, W1

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / not in cumulative impact area

30 Upper Grosvenor Street, W1

New

16/08836/LIPN

 

 

 

 

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

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.

 

 

Amendments to application advised at hearing:

 

None

 

 

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that following dialogue with the applicant and the agreement to a number of proposed conditions, the Police had now withdrawn their representation.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.

 

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.

 

 

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.

 

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.

 

 

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.

 

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.

 

 

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.

 

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.

 

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.

 

 

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.

 

  1. 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.

 

  1. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

  1. (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 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

 

  1. The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

  1. Notwithstanding condition 9 above, between 10am and midnight within the lounge area hatched black on the plan, persons may consume alcohol without it being ancillary to table meals.

 

  1. The supply of alcohol shall be by waiter/waitress service only to persons seated, except for persons in the bar areas as defined by cross hatching on the deposited plans.

 

  1. With the exception of residents and their bona fide guests, no alcohol shall be consumed more than 30 minutes after the permitted terminal hour for the supply of alcohol.

 

  1. The supply of alcohol for consumption off the premises shall be in sealed containers only save for in a designated area owned by the premises or in an area appropriately authorised for the use of tables and chairs on the highway where such supply of alcohol will be:

 

·         By waiter or waitress service only

·         To customers who are seated, and

·         All tables and chairs are removed or rendered unusable by 11pm

 

  1. During the hours of operation 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.

 

  1. 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. 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.

 

  1. A staff member from the premises who is conversant with the operation of the CCTV shall be on the premises at all times when the premises are 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.

 

  1. 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)    All seizures of drugs or offensive weapons;

f)     Any refusal of sale of alcohol.

 

  1.  There shall be no sales of hot food or hot drink for consumption off the premises after 23:00 hours except to hotel residents for room service.

 

  1. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is old or supplied for consumption on the premises.

 

  1. The number of persons permitted on the premises at any one time (excluding staff) shall not exceed 240.

 

  1. There shall be no cinema style showing of films.

 

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

 

  1. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental health Services and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

  1. 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.

 

  1. No fumes, steam or odours shall be emitted from the licenced premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

 

  1. All entrance doors and windows to be kept closed after 23:00 hours except for immediate access and egress of persons.

 

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

 

  1. Loudspeakers shall not be located in the entrance lobby or outside the premise building.

 

  1. 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.

 

  1. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours.

 

  1. 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 unless seated in an authorised external area.

 

  1. The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

  1. A direct telephone number for the manager at the premises shall be publically available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

  1. A challenge 21 proof of age scheme shall be operated at the premise 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.

 

  1. There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.

 

  1. Licensable activities and opening hours shall be permitted from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

  1. An additional hour to the terminal hour on all licensable activities and opening hours shall be permitted on the day British Summertime commences.

 

  1. 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.

 

  1. 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 there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

 

 

Supporting documents: