Agenda item
Foxlow, 8-10 Lower James Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
West End Ward / West End Cumulative Impact Area |
Foxlow, 8-10 Lower James Street, W1 |
Variation |
17/02305/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday 27th April 2017
Membership: Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health, the Licensing Authority, the Soho Society and 2 local residents.
Present: Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Ms Ayesha Bolton (Environmental Health) and Mr Steve Rowe (Licensing Authority)
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Foxlow, 8-10 Lower James Street, W1 17/02305/LIPV
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1. |
Late Night Refreshment (Indoors) |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee heard from Mr O’Maoileoin, representing the Applicant. He informed the Sub-Committee that Foxlow at 8-10 Lower James Street was due to open shortly (8 May 2017). He referred to the fact that an application for the premises had been granted Core Hours by the Sub-Committee in June 2016 and the conditions attached to the premises licence had included the Council’s model restaurant condition, MC66.
Mr O’Maoileoin stated that Foxlow is part of the Hawksmoor group and he described it as a neighbourhood premises with a slightly cheaper menu than the Hawksmoor restaurants. He drew Members’ attention to there being Foxlow restaurants in Balham, Chiswick and Clerkenwell. There were also a number of Hawksmoor premises across London. In relation to Westminster there are two Hawksmoor restaurants at Langley Street (Seven Dials) and Air Street. Mr O’Maoileoin commented that the two Westminster restaurants at Langley Street and Air Street were permitted to open until the proposed terminal hour sought for 8-10 Lower James Street and had limited bar use.
Mr O’Maoileoin emphasised that a number of the Hawksmoor/Foxlow premises are located in residential areas and that management have a good relationship with residents. He stated that an example of a good relationship with residents is with Covent Garden Community Association in respect of the Seven Dials premises. Mr O’Maoileoin advised the Sub-Committee that Liz Callingham who often expresses concerns about applications for new licensed premises in the West End Cumulative Impact Area had discussed this particular application at 8-10 Lower James Street with Foxlow representatives and her concerns in relation to this application had been addressed. She had not maintained her representation. Mr O’Maoileoin explained that Mrs Callingham’s concerns for the current application had been in relation to customer dispersal potentially causing a nuisance and that the establishment did not become a bar. The application had been amended following discussions with her. A condition had been offered that on Fridays and Saturdays the area immediately outside the restaurant would be monitored by staff so as to ensure that customers leave quietly. He believed that it was significant that Mrs Callingham was likely to be the nearest resident to 8-10 Lower James Street and she had withdrawn her representation.
Mr O’Maoileoin addressed the Sub-Committee on the objections to the application. He stated that he agreed that Golden Square has a larger concentration of residents than other parts of Soho. However, he made the point that Mrs Callingham who spoke for other residents in her locality lives there and her concerns had been addressed. The Soho Society had had concerns about the application ‘in its present form’ and Mr O’Maoileoin believed that there had been significant amendments to the application. In respect of Ms Tempia’s representation, Mr O’Maoileoin said that there was no evidence that an extension of the proposed hours for the Foxlow restaurant located in Lower James Street would add to the issues she raised in respect of anti-social behaviour at Bridle Lane such as the use of drugs. The Police had not made a representation objecting to the application. He added that staff outside would be directing customers away from residential amenity. There was no logical reason as to why customers would disperse via Bridal Lane when they could go to Regent Street or Piccadilly tube station.
Mr O’Maoileoin appreciated that it was necessary for the Applicant to demonstrate that the application would not add to cumulative impact in the West End Cumulative Impact Area. He made the point that Foxlow is a restaurant and there was therefore no policy presumption against the application. He also said that if the Sub-Committee was minded to grant the application, it would mean that customers already in the restaurant would be given slightly longer to finish their meals. The Applicant was offering a condition that on Fridays and Saturdays there would be no new entries after midnight. Mr O’Maoileoin stated there would be a more gradual dispersal as a result of the later terminal hour on Fridays and Saturdays. There would also be the opportunity for the Applicant to introduce a second sitting in the evening which would accommodate customers post-theatre. He added that 8-10 Lower James Street is not a large premises and there would be small groups there. Mr O’Maoileoin informed the Sub-Committee that the earlier start time for on-sales on every day of the week was proposed in order to give customers the option of a drink such as champagne with their breakfast. He was confident that the conditions already on the licence in addition to those being proposed would promote the licensing objectives and would prevent the application adding to cumulative impact.
Ms Bolton, on behalf of Environmental Health, emphasised that the premises had not operated yet and was still under construction. There was therefore no record of any noise complaints. There were conditions on the existing premises licence which Environmental Health would normally seek in relation to public nuisance and public safety. She had maintained her representation as the proposed hours were beyond Core Hours in the West End Cumulative Impact Area. She did not have any specific concerns about the application. In response to a question from the Sub-Committee Ms Bolton confirmed that a condition on the existing premises licence meant that once the premises opened, a capacity for the premises would need to be determined.
The Sub-Committee raised the point that the Applicant was seeking a capacity of 125 in the West End Cumulative Impact Area (it was a figure which had been approved by the Council’s planning committee). Mr O’Maoileoin replied that there would not be 125 customers in the premises and in reality the premises would not be filled to capacity later in the evening. He also confirmed that there was no separate bar area. Mr O’Maoileoin was also asked what percentage of the premises was likely to be pre-booked. The Sub-Committee was informed that the majority of Foxlow premises were 70% to 80% pre-reserved.
The Sub-Committee heard from Mr Rowe on behalf of the Licensing Authority. He stated that the application was beyond Core Hours on Fridays and Saturdays and that whilst the establishment is a restaurant, the Applicant needed to demonstrate that the application would not add to cumulative impact.
The Sub-Committee in reaching a decision noted that there is no policy presumption against restaurants in the West End Cumulative Impact Area. There was some comfort for Members in that in addition to the premises being a restaurant, there was no separate bar. The Applicant had also offered conditions which promoted the licensing objectives, including that on Fridays and Saturdays there would be no new entries after midnight and that on Fridays and Saturdays the area immediately outside the restaurant would be monitored by staff so as to ensure that customers leave quietly.
However, the Sub-Committee noted that the premises had not traded yet and there was no track record to assess how 8-10 Lower James Street was being operated. The Sub-Committee decided that in keeping with the Applicant’s amendment that on-sales would cease at 00:30 on Fridays and Saturdays, this would also be the time when the premises would be required to close. The Sub-Committee also considered it appropriate that the commencement hour on Sundays in terms of the opening hours would be 10:00 rather than 08:00 in order to provide some peace and quiet to residents at the quieter end of Piccadilly. |
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2. |
Sale by retail of alcohol (On sales) |
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Amendments to application advised at hearing: |
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Mr O’Maoileoin confirmed at the hearing that the proposed terminal hour for on-sales on Friday and Saturday was being amended to 00:30.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the following hours for on-sales (see reasons for decision in Section 1):
Monday to Thursday 08:00 to 23:30 Friday and Saturday 08:00 to 00:30 Sunday 10:00 to 22:30
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3. |
Hours premises are open to the public |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the following opening hours to the public (see reasons for decision in Section 1):
Monday to Thursday 08:00 to 23:30 Friday and Saturday 08:00 to 00:30 Sunday 10:00 to 22:30.
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Conditions attached to the Licence |
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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. 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. 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.
14. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
15. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
16. No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. The capacity shall not exceed 125 persons excluding staff.
17. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.
18. 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.
19. 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) 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.
20. No deliveries to the premises shall take place between 20.00 and 08.00 on the following day.
21. The premises shall only operate as a restaurant: a) in which customers are shown to their table, b) where the supply of alcohol is by waiter or waitress service only, c) 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, d) which do not provide any take away service of food or drink for immediate consumption, e) which do not provide any take away service of food or drink after 23.00, and f) 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.
22. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
23. No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises is constructed or altered in accordance with the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the licensing authority.
24. 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.
25. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 5 persons at any one time.
26. 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.
27. On Fridays and Saturdays there shall be no new entries after midnight.
28. On Fridays and Saturdays the area immediately outside the restaurant shall be monitored by staff so as to ensure that customers leave quietly.
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Supporting documents:
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