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Agenda item

The Quaich Whisky Shop, 34 Lexington Street, W1

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact Area

The Quaich Whisky Shop, 34 Lexington Street, W1

New Premises Licence

17/00898/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20th April 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         1 ward councillor.

 

Present:  Ms Lana Tricker (Solicitor, representing the Applicant) and Mr Andrew Torrence (Managing Director, Applicant Company)

 

The Quaich Whisky Shop, 34 Lexington Street, W1 (“The Premises”)

17/00898/LIPN

 

1.

Exhibition of Films (Indoors)

 

 

Monday to Saturday:                            08:00 to 22:00

Sunday:                                                 09:00 to 21:00

 

 

Amendments to application advised at hearing:

 

 

Prior to the hearing, the Applicant reduced the proposed hours for licensable activities in respect of the application from 08:00 to 22:00 Monday to Saturday to 10:00 to 20:00.  On Sundays the proposed hours for licensable activities were reduced from 09:00 to 21:00 to 12:00 to 06:00. 

 

 

Decision (including reasons if different from those set out in report):

 

 

Ms Wade confirmed at the beginning of the hearing that the concerns of local residents, Metropolitan Police, the Council’s Environmental Health department and the Licensing Authority had been addressed and they had withdrawn their representations. There were a number of proposed conditions which had been agreed between the parties and the Applicant had reduced the proposed hours for licensable activities.  The one remaining representation was from Councillor Roberts, West End Ward Member, who was not in attendance at the hearing.

 

Ms Tricker explained that the Premises would be a retail store on the ground floor only.  There would be a single entrance/exit and a capacity of 40 people. Mr Torrence advised that the intention was to provide a high end Quaich retail store which would be a global showcase for the whisky industry and bring the great whisky collectors to London.  It was submitted that most of the stores which provided a similar level of excellence in whisky were overseas.  The Applicant would be listing whiskies ranging from £30 a bottle to £200k a bottle.

 

Ms Tricker and Mr Torrence confirmed in response to questions from the Sub-Committee that on-sales were required only so that small samples of whisky could be provided at ticketed or pre-booked events for the purposes of “tasting”.  The whisky industry would provide a master distiller or distillery manager at the event and he would produce the small samples for those who attended the events.  Discerning buyers would ultimately spend in the region of £1k to £2k a bottle. 

 

The Sub-Committee considered that the proposed conditions and the manner in which the Premises would be operated would result in the licensing objectives being promoted.  The Sub-Committee was also satisfied that taking into account the amended hours of operation the application would not add to cumulative impact in the West End Cumulative Impact Area.  The amended application was therefore granted.      

 

2.

Sale by Retail of Alcohol (On and Off)

 

 

Monday to Saturday:                            08:00 to 22:00

Sunday:                                                 09:00 to 21:00

 

 

Amendments to application advised at hearing:

 

 

Prior to the hearing, the Applicant reduced the proposed hours for licensable activities in respect of the application from 08:00 to 22:00 Monday to Saturday to 10:00 to 20:00.  On Sundays the proposed hours for licensable activities were reduced from 09:00 to 21:00 to 12:00 to 06:00.

 

 

Decision (including reasons if different from those set out in report):

 

 

The Sub-Committee granted the application with the amended proposed hours, subject to conditions as set out below (see reasons for decision in Section 1).

 

3.

Hours premises are open to the public

 

 

Monday to Saturday:                            08:00 to 22:00

Sunday:                                                09:00 to 21:00

 

 

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.

 

 

 

 

 

 

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;

 

(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.

 

9.         Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.

 

Additional Conditions

 

10.       The premises shall operate as a specialised whisky shop whereby its primary business shall be the sale of whiskies.

 

11.       Individual servings of alcohol for consumption on the premises shall be limited to (a) samples of 15ml maximum per serving and (b) three samples per customer per visit to the premises.

 

12.       The consumption of alcohol within the premises shall at all times be only by persons attending a ticketed or pre-booked event, and there shall be no self-service of alcohol for consumption on the premises.

 

13.       The maximum number of persons permitted in the premises at any one time, excluding staff, shall not exceed 40.

 

14.       Customers consuming alcohol within the premises, who temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

15.       No beer, lagers, ciders or spirit mixtures shall be sold at the premises.

 

16.       All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

17.       There shall be no cinema style seating for the showing of films.

 

18.       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 entire 31 day period.

 

19.       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 to the public. This staff member shall be able to show the Police recent data or footage with the absolute minimum of delay when requested.

 

20.       No rubbish, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours.

 

21.       No deliveries shall be made to the premises between 23:00 hours and 07:30 hours.

 

22.       A Challenge 25 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.

 

23.       Signage of the proof of age scheme shall be displayed in prominent positions on the shop floor where alcohol is on public display, at the point of sale and upon entering the premises.

 

24.       A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

 

25.       No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.

 

26.       Prior to the Licence taking effect, 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 the premises layout has changed during the course of construction new plans shall be provided to the LFEPA, Environmental Health Consultation Team, the Police and the Licensing Authority.

 

27.       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.

 

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

 

29.       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.

 

30.       The licensable activities authorised by this licence can only be carried on by Lexington Street Limited.

 

31.       The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

 

 

Supporting documents: