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Agenda item

Caravan, Yalding House, 152-156 Great Portland Street, W1

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Marylebone High Street Ward / not in cumulative impact area

Caravan, Yalding House, 152-156 Great Portland Street, W1

New Premises Licence

17/01171/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:         Environmental Health and 1 local resident.

 

Present:  Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Miles Kirby, Mr Toby Kidman and Ms Renee Williams (Applicant Company), Mr Maxwell Koduah (Environmental Health), Mr Alan Lynagh (Senior Licensing Surveyor), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Linus Rees, Fitzrovia Neighbourhood Association) and Mr Linus Rees (Fitzrovia Neighbourhood Association)

 

Caravan, Yalding House, 152-156 Great Portland Street, W1 (“The Premises”)

17/01171/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 asked Mr Spiegler, the Applicant’s Representative, when he addressed Members to focus in particular on the areas of contention between the parties.  These included off-sales, the bar area and deliveries.

 

Mr Spiegler asked Mr Kirby to briefly describe the concept behind Caravan Premises.  Mr Kirby informed the Sub-Committee  that the first Caravan Premises had been opened seven years ago.  The Caravan Premises in Great Portland Street would provide all day dining.  It would operate as a restaurant, a coffee shop and bar.  There would be some takeaway aspect during the day, including coffee.

 

Mr Spiegler explained that an amended condition was being offered, following concerns expressed by Mr Rees so that the Premises would operate as a restaurant except for the bar area.  He believed that the bar was relatively small when taking into account the ground floor and basement space.  The Applicant was seeking some flexibility for up to 30 customers to have a drink without a meal.  The majority would be sitting down but the Applicant was keen that some would be allowed to stand.  Mr Spiegler also drew the Sub-Committee’s  attention to the fact that the bar was away from the frontage of the Premises.  He expressed the view that the application should be considered under policy RNT1 in the Council’s Statement of Licensing Policy as it was for a restaurant outside the West End Cumulative Impact Area.  He added that  even  if the Sub-Committee was persuaded that policy PB1 applied, it would be possible to grant the application given the conditions relating to the bar.

 

Mr Spiegler referred to other conditions which had been offered in an e-mail to Mr Rees.  In particular there was a proposed condition that patrons permitted to temporarily leave and then re-enter the premises e.g. to smoke, shall be limited to 10 persons at any one time.  Mr Spiegler requested that another condition offered that there shall be no take away service of food or drink for immediate consumption would not be imposed as he was of the view that Mr Rees had indicated that this was not a major issue for him.

 

In respect of Environmental Health’s proposed conditions, Mr Spiegler informed the Sub-Committee that in discussions with Mr Lynagh, Senior Licensing Surveyor, they had reached agreement that a safe capacity for the ground and basement floors combined was 150, subject to some changes to the escape route.  He was therefore keen to amend Environmental Health’s proposed condition limiting the overall capacity to 80.  In response to a question from the Sub-Committee Mr Spiegler stated that his client would like a capacity of 130 on the ground floor and 30 in the basement.  Mr Lynagh had suggested 20 in the basement. The other amendment the Applicant was requesting to the Environmental Health proposed conditions was that outside tables and chairs were rendered unusable at 23:00 each day rather than being required to remove them and take them inside the premises due to a lack of storage space.

 

Mr Spiegler advised the Sub-Committee that the Applicant was offering a proposed condition in respect of off sales that ‘with the exception of any external area licensed by Westminster City Council for the placing of tables and chairs where persons may only consume alcohol when taking a table meal and be seated, all sales of alcohol for consumption off the Premises shall be in sealed containers only, and shall not be consumed on the Premises’.  One reason as to why off-sales were requested was in case of customers wanting to take a part consumed bottle of beer home with them.  In respect of deliveries, Mr Spiegler said that his client was willing to agree a condition on the basis that there would be no deliveries between 08:00 and 23:00 except for those involving fresh produce.   Deliveries of fresh produce would include dairy, bread, fresh fruit and vegetables and a commencement hour was sought for these deliveries of 06:00.

 

Mr Kirby clarified in response to questions from the Sub-Committee that the Caravan premises all encouraged dining at the bar.  He would prefer people to dine at the bar.  The bar would be set for dining and there would be stools most of the way along the bar.  The bar was approximately 6 or 7 metres long.  Mr Kirby also advised that he was content for alcohol or food to be served by waiter or waitress in the restaurant areas including in the outside area.

 

The Sub-Committee next heard from Mr Koduah, on behalf of the Council’s Environmental Health department (‘EH’).  EH did not object to the application but Mr Koduah did wish to bring some points to the Sub-Committee’s attention.  Firstly, a final capacity figure for the Premises was yet to be agreed.  To be taken into account was toilet provisions and safety arrangements in the event of an emergency.  In terms of the toilet provisions, EH was content with a maximum capacity of 150.  There had been discussions between Mr Lynagh and the architects employed by the Applicant regarding procedures in the event of an emergency.  These involved the external doors being pinned open in the event of an emergency so that customers could easily exit the premises.  This would potentially have implications in terms of preventing noise escape.  This was why the proposed EH condition was a maximum capacity of 80.

 

Mr Koduah stated that he had requested the deliveries condition because Great Portland Street is a residential area and there had been two complaints in the area in 2015 due to noise from deliveries.

 

Mr Lynagh clarified that he was content with a capacity of 150 subject to the front external doors being locked open.  He was also  of the view that given the size of the bar a capacity of 20 to 30 customers was considered  acceptable.

 

The Sub-Committee was also addressed by Mr Brown, representing Mr Rees.  He stated that there were still two and a half matters that were in dispute with the Applicant.  The ‘half’ matter related to takeaway service of food or drink for immediate consumption.  Mr Rees made the point that drinking outside was a major concern for Fitzrovia Neighbourhood Association.  Mr Brown advised that there was an objection to the proposed bar area.  There were concerns that the Applicant was proposing that up to 30 out of a total capacity of 150 could drink at the bar without it being ancillary to food.  It was felt that this would detract from the character of the Premises as a restaurant.  Mr Brown referred to the planning permission that bar use should be limited in floor space to 15% but should only be used for customers before, during or after their meal.  He appreciated that planning permission was not binding on the Licensing Sub-Committee as the two regimes are separate.  Mr Rees did not object to the application providing that the full restaurant condition was applied at the premises.

 

The other matter that was of concern to Fitzrovia Neighbourhood Association was the use of tables and chairs outside.  Mr Brown made the point that Great Portland Street was not busy during the late evening.  There was concern about activity on the street including tables and chairs being used later in the evening.  Mr Brown added that if the Sub-Committee was minded to permit tables and chairs it was requested that their use should be restricted to a terminal hour of 21:00.

 

Mr Spiegler was given the opportunity to respond to the points raised by Mr Brown and EH.  He referred to the planning condition that Mr Brown had raised and commented that if the Sub-Committee imposed the full restaurant condition as requested by Mr Brown, it would require all customers to have alcohol ancillary to a table meal which went beyond what the planning permission required.  The Applicant was requesting some flexibility.  Some customers would go on to have a meal after having a drink.

 

The Sub-Committee asked a number of questions.  Mr Kirby was asked whether he was willing to reduce the number of people who would be able to consume alcohol without it being ancillary to food in the bar area.  Mr Kirby replied that he was willing to reduce it to a maximum of 20.  In terms of the sales breakdown for Caravan premises, it was 65% food, 35% beverages including coffee.  Mr Kidman informed Members that there were very few people who came to Caravan premises purely to drink alcohol.  Mr Lynagh recommended that if there were 25 seats along the bar this would limit the number of people who could stand there and would be half of the 50 who could safely be at the bar.

 

Mr Spiegler stated in respect of the outside area that it was accepted there were residents in the locality but they were not located immediately above the Premises.  He expressed the view that a terminal hour of 23:00 for tables and chairs was ordinarily permitted and that he believed this was appropriate.  The tables and chairs licence would be scrutinised and would be permitted only on a temporary basis.

 

The Sub-Committee in granting the application took into account that the Premises  is located outside of the West End Cumulative Impact Area.  There was therefore no policy presumption against the application.  The proposed hours for licensable activities were within Core Hours and the Applicant had agreed that the Premises would operate as a restaurant albeit that there would be a bar area where alcohol would not be ancillary to food.  Members considered that with appropriate conditions attached to the Premises licence, the licensing objectives would be promoted.  These included the condition that save for a maximum of 25 persons in the bar area (a figure recommended by Mr Lynagh), the consumption of alcohol on the Premises would only be to seated customers consuming alcohol on the Premises served by waiter or waitress including in any outside area.  The Sub-Committee considered it was appropriate for any tables and chairs in the external area to be rendered unusable at 22:00 in order that residents would not be adversely affected.  The Sub-Committee also considered it appropriate to attach a condition that there would be no take away service of food or drink for immediate consumption in order to prevent issues for residents and in order that the Premises  was more in keeping with a restaurant.  This condition had originally been offered by the Applicant.  The Sub-Committee took the view that in order to balance the needs of residents and the business, deliveries would be restricted to 08:00 to 23:00 except for fresh produce which would be permitted from 07:00.

 

The Sub-Committee took into account Mr Lynagh’s advice that the maximum capacity for the ground and basement floors would be extended from 80 to 150 when the external doors at the front were locked open.

 

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:                                                 10:00 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 (see reasons for decision in Section 1).

 

3.

Hours premises are open to the public

 

 

Monday to Thursday:                            08:00 to 00:00

Friday to Saturday:                               08:00 to 00:30

Sunday:                                                 08:00 to 23:00

 

 

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.

 

4.

Seasonal variations / Non-standard timings:

 

 

Late Night Refreshment (Indoors), Sale by retail of alcohol (On and Off) and Hours premises are open to the public

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Late Night Refreshment (Indoors)

 

23:00 until 00:00 on Sundays preceding Bank Holiday Monday.

 

Sale by retail of alcohol (On and Off)

 

10:00 until 00:00 on Sundays preceding Bank Holiday Monday.

 

Hours premises are open to the public

 

08:00 until 00:30 on Sunday preceding Bank Holiday Monday.

 

 

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.

 

Additional Conditions

 

9.         Save for up to a maximum of 25 persons in the area hatched on the licence plan, the consumption of alcohol on the premises shall only be to seated persons consuming a table meal at the premises served by waiter or waitress, including any outside area.

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.       With the exception of any external area licensed by Westminster City Council for the placing of tables and chairs where persons may only consume alcohol when taking a table meal and be seated, all sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

12.       No sales of alcohol for consumption off the premises after 23.00.

 

13.       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.

 

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

 

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

 

16.       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.

 

17.       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.

 

18.       There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

 

19.       The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. 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 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.

 

20.       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. 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.

 

21.       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 faults in the CCTV system (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.

 

22.       The number of persons permitted inside the premises at any one time (excluding staff) shall not exceed

Ground floor - 60 persons

Basement floor – 20 persons 

With no more than 80 persons at any one time

 

Those capacities are increased to 130 persons on the Ground floor and 30 persons on the Basement floor (maximum capacity of 150) whenever the external doors are locked open.

 

23.       Before the premises opens 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 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.

 

24.       The Licence will have no effect until the works shown on the plans appended to the application have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

 

25.       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.

 

26.       All windows and internal lobby doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons.

 

27.       All outside tables and chairs shall be rendered unusable in the outside area by 22:00 hours each day.

 

28.       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.

 

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

 

30.       Patrons permitted to temporarily leave and then re-enter the premises e.g. to smoke, shall be limited to 10 persons at any one time.

 

31.       There shall be no take away service of food or drink for immediate consumption.

 

32.       No deliveries to the premises shall take place between 23:00 and 08:00 on the following day except for deliveries of fresh produce which are permitted from 07:00.  Deliveries of fresh produce shall include dairy, bread, fresh fruit and vegetables.

 

 

Supporting documents: