Agenda item
39 Craven Road, W2
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
Lancaster Gate Ward / not in cumulative impact area |
39 Craven Road, W2 |
New premises licence |
17/02016/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 25th May 2017
Membership: Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast and Councillor Aziz Toki
Legal / Policy Adviser: Barry Panto
Committee Officer: Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health, Metropolitan Police, 1 Amenity Society, local residents x 4
Present: Mr Xavier Laurent (Business Director, Applicant Company), Mr Dave Nevitt (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr John Zamit) and Mr John Zamit, Chairman, South East Bayswater Residents’ Association).
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39 Craven Road, W2 17/02016/LIPN
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1. |
Sale by retail of alcohol (on) – inside the premises |
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Monday to Saturday 10:00 to 23:00 Sunday 10:00 to 22:30
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Amendments to application advised at hearing: |
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The Sub-Committee was informed during the hearing that Mr Laurent had amended the commencement hour for on sales on a Sunday to midday, which is in keeping with the Council’s Core Hours policy.
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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 Laurent, Business Director of the Applicant Company. He confirmed the establishment is a delicatessen. He wished to be able to provide on sales including wine, which would be ancillary to food, to customers in a room in the back of the shop and also on the terrace. There would be six tables in the back of the premises and also two tables with eight chairs outside.
Mr Nevitt, on behalf of Environmental Health, stated that it is a small A1 style shop at 39 Craven Road with a traditional delicatessen layout. He referred to the Applicant having agreed Environmental Health’s proposed conditions, many of which were model conditions and the proposed hours were largely in keeping with the Council’s Core Hours policy. A key condition agreed by the Applicant, Mr Nevitt believed, was that ‘the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal’. This would mean that the premises would operate more as a sit down restaurant and not as a drinking establishment. It was also proposed that there would be waiter or waitress service. Mr Nevitt added that he had agreed a terminal hour for the outside area with the Applicant of 20:00 and that there would be a maximum capacity of twenty customers for the entire premises, including the external seating area). He expressed the view that these conditions and the others agreed with the Applicant were acceptable given that the operation would be more akin to a restaurant.
The Sub-Committee was addressed by Mr Brown, representing Mr Zamit. He informed Members that many of Mr Zamit’s concerns were allayed as a result of the proposed conditions. Mr Brown advised that Mr Laurent was amenable to amending the proposed deliveries condition so that they would only take place between 08:00 and 20:00 as he would not be having deliveries later in the evening. Mr Zamit commented that he welcomed the new business. He was of the view that the Applicant appeared to be a responsible shopkeeper who had taken into account the recommendations of Environmental Health. He was content for waste or recyclable materials, including bottles, to be placed outside from 07:00 as he believed this was in keeping with Veolia’s collection times.
The Sub-Committee granted the application with the amended hours on Sundays. The Sub-Committee considered that the proposed hours and conditions would promote the licensing objectives. The Applicant had agreed Environmental Health’s proposed conditions and also a proposed condition of the Police. Members considered that it was significant that the supply of alcohol would only be to seated customers and ancillary to a table meal which was served by waiter or waitress. This would prevent the premises becoming a bar. The Applicant had also been amenable to a condition proposed by South East Bayswater Residents’ Association that deliveries would be between 08:00 and 20:00 and was content that the commencement hour for on-sales on Sunday was 12:00 and that the premises would close at 22:30 on Sundays, which is in keeping with the Council’s Core Hours policy.
The Sub-Committee noted that the outside area would not be used after 20:00 and that the maximum capacity for the entire premises, including that area, was 20. In order to prevent residents being inconvenienced by noise nuisance, Members attached a condition to the premises licence that ‘all windows and external doors shall be kept closed after 20:00 hours, except for the immediate access and egress of persons’.
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2. |
Sale by retail of alcohol (on) – on the external terrace |
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Monday to Thursday 10:00 to 20:00 Friday to Saturday 10:00 to 21:00 Sunday 10:00 to 20:00
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Amendments to application advised at hearing: |
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The Sub-Committee was informed during the hearing that Mr Laurent had amended the commencement hour on Sunday to midday, which is in keeping with the Council’s Core Hours policy. |
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Decision (including reasons if different from those set out in report): |
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It was noted that this aspect of the application solely related to consumption of alcohol on the external terrace rather than the sale of alcohol on that terrace. This would not be shown as a separate licensable activity on the licence but would be regulated by means of a condition on the licence and the applicant had agreed with a condition proposed by Environmental Health to the effect that the consumption of alcohol in the outside area at the front of the premises shall cease at 2000 hrs (see condition 23 below).
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3. |
Hours premises are open to the public |
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Monday to Saturday 06:00 to 23:30 Sunday 06:00 to 23:00
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Amendments to application advised at hearing: |
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The Sub-Committee was informed during the hearing that Mr Laurent had amended the closing time for members of the public to 22:30 hours, which is in keeping with the Council’s Core Hours policy.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the application with the amended hours on Sundays, subject to conditions as set out below.
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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. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
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. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 07.00 hours on the following day.
15. The number of patrons seated at the premises (including the external seats) at any one time (including staff) shall not exceed 20 persons.
16. The supply of alcohol at the premises (including the external terrace area) shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
17. The supply of alcohol shall be by waiter or waitress service only.
18. 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.
19. 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.
20. 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.
21. No deliveries to the premises shall take place between 20.00 and 08.00 on the following day.
22. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
23. The consumption of alcohol in the outside area at the front of the premises shall cease at 20.00hrs.
24. All windows and external doors shall be kept closed after 20:00 hours, except for the immediate access and egress of persons.
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Supporting documents:
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