Agenda item - Gourmet Kitchen, 34 Lisle Street, WC2

Gourmet Kitchen, 34 Lisle Street, WC2

Meeting of Licensing Sub-Committee (4), Thursday 20th April, 2017 10.00 am (Item 6.)

App

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / West End Cumulative Impact Area

Gourmet Kitchen, 34 Lisle Street, WC2

New Premises Licence

17/01541/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: Licensing Authority.

Present: Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Leslie Ng (Applicant) and Mr Steve Rowe (Licensing Authority).

Gourmet Kitchen, 34 Lisle Street, WC2 17/01541/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):
	This was an application for a new premises licence. Late night refreshment (indoors) and on and off sales of alcohol were sought to Core Hours (Monday to Thursday until 23:30, Friday and Saturday until midnight and 22:30 on Sunday for the sale of alcohol). An additional half an hour was sought every night of the week in terms of the opening hours. The Applicant had agreed conditions proposed by the Environmental Health and Metropolitan Police and they had withdrawn their representations. These included the Council’s model restaurant condition, MC66 and also a capacity of 40 for the premises. Mr Spiegler, representing the Applicant, drew Members’ attention to the fact that not only had his client agreed MC66 but that there had been an established restaurant at 34 Lisle Street since approximately 2009 which had latterly been trading unlicensed. Having an established restaurant at the premises was a key factor as to why the premises would not add to cumulative impact in the West End Cumulative Impact Area. Mr Spiegler referred to paragraph 2.4.8 of the City Council’s Statement of Licensing Policy (“SLP”) in terms of applications potentially being granted when licences have lapsed. In this case the premises licence had been surrendered. Mr Rowe, representing the Licensing Authority clarified that the premises licence had been surrendered on 13 April 2015. The Sub-Committee expressed concerns to the Applicant regarding a bona fide restaurant providing off-sales in what is a residential area. Mr Spiegler offered on behalf of his client to withdraw the off-sales. Mr Rowe confirmed that the Licensing Authority had maintained their representation in order that the Sub-Committee was given the opportunity to consider whether the application would add to cumulative impact. The Sub-Committee explored with Mr Wroe how much time was able to elapse before a surrendered or lapsed premises licence was no longer relevant as set out in paragraph 2.4.8 of the SLP Mr Wroe stated that the Statement did not set out a definitive answer on this point but that the Sub-Committee could be expected to give more weight to granting an application on the basis that a premises licence had recently been in operation at the premises than if it was a longer period of time such as a few years. Mr Wroe advised the Sub-Committee that it had been envisaged when the policy was being written that in order for a lapsed licence to be relevant as a ground for granting a new licence there should be a short period of time(possibly a few months) between this taking place and a new licence being applied for. Mr Wroe was also asked by the Sub-Committee for advice on the proposed hours. He replied that the core terminal hours were intended to be when customers left the premises as well as when licensable activities ceased. The opening hours did extend for an additional thirty minutes beyond the terminal hours for licensable activities. The Sub-Committee in granting the application considered that the Applicant had agreed proposed conditions with the Responsible Authorities which promoted the licensable objectives. These included that Gourmet Kitchen would operate as a bona fide restaurant. There would be no provision of off-sales. The Sub-Committee noted that the hours were in keeping with other premises within the vicinity. The application excluding off-sales was granted, subject to conditions. The Sub-Committee noted that there was an established restaurant in place at the premises. The Sub-Committee during the decision making process applied the necessary weight to the fact that the licence had been surrendered two years ago as specific grounds as to why the application should be granted accordingly, taking into account that each application has to be considered on its merits.
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: 12:00 to 22:30
	Amendments to application advised at hearing:
	During the hearing, the Applicant offered to withdraw off-sales.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted the hours applied for in respect of on-sales, taking into account that the Applicant had offered to withdraw off-sales.
3.	Hours premises are open to the public
	Monday to Thursday: 10:00 to 00:00 Friday to Saturday: 10:00 to 00:30
	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.
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. Sundays before Bank Holidays until 00:00.
	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;

(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 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.

10. 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.

11. 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.

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

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

14. A Challenge 21 or 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.

15. 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. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) any complaints received concerning crime and disorder

(d) any faults in the CCTV system

(e) any refusal of the sale of alcohol

(f) any visit by a relevant authority or emergency service.

16. 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.

17. The premises shall only operate as a restaurant;

(i) in which customers are shown to their table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) 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,

(iv) which do not provide any take away service of food or drink for immediate consumption,

(v) which do not provide any take away service of food or drink after 23.00, and

(vi) 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.

18. 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.

19. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 40.

20. 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.

21. No deliveries to the premises shall take place between (23.00) and (08.00) on the following day.

Supporting documents:

Gourmet Kitchen 34 Lisle Street WC2, item 6. PDF 454 KB