Agenda item - Freggo, 27-29 Swallow Street, W1

Freggo, 27-29 Swallow Street, W1

Meeting of Licensing Sub-Committee (4), Thursday 27th July, 2017 10.00 am (Item 5.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward /

West End Cumulative Impact Area

Freggo,

27-29 Swallow Street, W1

New Premises Licence

17/05986/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27th July 2017

Membership: Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Shamim Talukder

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Heidi Lawrance

Relevant Representations: Licensing Authority.

Present: Mr Gary Grant (Counsel, representing the Applicant), Mr Andrew Wong (Solicitor, on behalf of the Applicant), Mr Steve Kirby (Operations Director, Applicant Company) and Mr David Sycamore (Licensing Authority).

Freggo, 27-29 Swallow Street, W1 17/05986/LIPN
1.	Recorded Music (Indoors)
	Monday to Thursday: 08:00 to 23:30 Friday to Saturday: 08:00 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):
	The Sub-Committee heard from Mr Grant, representing the Applicant. He informed the Sub-Committee that Gaucho at 25 Swallow Street had taken over Freggo at 27-29 Swallow Street. The Applicant wished to sell ‘small bites’ such as empanadas (a baked stuffed bread or pastry originating from Latin countries such as Argentina where Gaucho’s cuisine is from) which would be available either inside the premises or as a takeaway. There would be a capacity internally and externally of approximately 40 people. The Applicant also wished to provide wines or craft beers. Mr Grant put forward the case that the premises would not add to cumulative impact because Freggo had already been operating and it was not bringing more people in. Freggo was an ice cream parlour without any regulations or restrictions on its opening or closing hours. In the event the Applicant was granted a licence, the Sub-Committee would be able to restrict these hours. Mr Grant advised that his client was amending the application so that the terminal hours for licensable activities, including off sales and also when the premises would close to the public would be in keeping with the Council’s Core Hours policy. The Applicant wished to retain the same commencement hours for licensable activities and for when the premises would be open to the public in order to be able to provide breakfasts or teas and coffees. He added that the Applicant did want to have the ability to sell a bottle of wine as an off sale. Gaucho next door was permitted to provide off sales. The Applicant had proposed an amended form of the Council’s model condition 66 which had been discussed with Environmental Health and the Police who had subsequently withdrawn their representations. The premises would operate as a restaurant, shop and delicatessen. MC66 would be retained except that there was the amendment that the deli would not provide any take away service of deep fried food or drink for immediate consumption. Mr Grant explained that this was to prevent Freggo being a fast food premises. He clarified to the Sub-Committee that the empanadas were baked and not deep fried. He also confirmed that in keeping with the amended MC66 the premises would not be a bar and there would be no vertical drinking. The Sub-Committee sought reassurance that the Applicant would prevent noise emanating from the use of the tables and chairs outside. Mr Kirby responded that customers were able to use the tables and chairs outside Freggo already up until midnight or 00:30 and there were no particular noise issues. He commented that he did not envisage any nuisance in the event the application was granted and the premises moved to the deli format. Alcohol would be ancillary to the Argentinian delicacies on the Gaucho menu. The premises would not operate as a bar. Staff were trained to oversee the outside area. Mr Grant made the additional point that there had not been any residential representations in respect of the application. Mr Wroe asked for clarification on the numbers inside the premises. Mr Grant replied that there was a capacity for the external tables and chairs licence of 15 people. He queried whether the Sub-Committee might be amenable to permit a maximum capacity of 30 inside. A works condition had been proposed which did not include a capacity number (Environmental Health had withdrawn). It was suggested by the Sub-Committee and agreed by the Applicant that in the event the Sub-Committee decided to grant the application, model condition 90 should be attached to the premises licence so that the capacity should be determined by Environmental Health. The figure of 40 had been offered by Mr Grant as it had been requested by Mr Sycamore in order that there was an indication of the potential cumulative impact. Mr Wroe also asked whether the Applicant had agreed the Police’s proposed conditions. Mr Grant confirmed that his client had agreed these conditions. The Sub-Committee was addressed by Mr Sycamore, on behalf of the Licensing Authority. He stated that as a result of discussions with Mr Grant he was content with the proposed hours as the terminal hours were in keeping with the Council’s Core Hours policy. He did question Mr Grant’s submissions on cumulative impact on the basis that the approximate 40 people had previously been consuming ice cream whereas the Applicant had applied for a new premises licence which included alcohol. He made the point that the consumption of alcohol potentially leads to changes in behaviour. Mr Sycamore added that whilst an amended MC66 had been agreed by the Applicant, the premises would also be operating as a shop and deli and would be providing alcohol, including as off sales in the West End Cumulative Impact Area. The Sub-Committee granted the application (with terminal hours for licensable activities and the closing time being amended to Core Hours and the commencement hour for on-sales being amended to 10:00). The Sub-Committee considered that the application would promote the licensing objectives. In reaching this decision, Members took into account the amendments to the terminal hours and that key elements of the Council’s model restaurant condition MC66 had been retained including that the sale of alcohol would be ancillary to substantial table meals and customers would be served by waiter or waitress service both internally and externally. The Council’s policy is that ‘new restaurant premises will generally be granted the core hours (for premises that serve alcohol for consumption on the premises) in line with Policy HRS1’. The Sub-Committee noted that whilst the application did include off sales, the Applicant also operated Gaucho the next door premises which is able to provide off-sales in any event.
2.	Late Night Refreshment (Indoors and Outdoors)
	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):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
3.	Sale by retail of alcohol (On and Off)
	Monday to Thursday: 08:00 to 23:30 Friday to Saturday: 08:00 to 00:00 Sunday: 10:00 to 22:30
	Amendments to application advised at hearing:
	Mr Grant offered on behalf of his client that off-sales would cease in line with core hours (23:00 Monday to Saturday and 22:30 on Sunday). Mr Grant also confirmed that the Applicant had agreed the Police’s proposed condition that on sales would not commence until 10:00.
	Decision (including reasons if different from those set out in report):
	Granted (including the amended terminal hour for off-sales and the amended commencement hour for on-sales), subject to conditions as set out below (see reasons for decision in Section 1).
4.	Hours premises are open to the public
	Monday to Thursday: 07:00 to 00:00 Friday to Saturday: 07:00 to 00:30 Sunday: 07:00 to 23:00
	Amendments to application advised at hearing:
	Mr Grant offered that the closing time to members of the public would be in keeping with Core Hours (23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday).
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted the application, including the amended closing times set out above.
5.	Seasonal variations / Non-standard timings
	Recorded Music (Indoors), Late Night Refreshment (Indoors and Outdoors), Sale by retail of alcohol (On and Off) and Hours premises are open to the public All licensable activities shall be extended from the end of the permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Recorded Music (Indoors) andSale by retail of alcohol (On and Off) Sundays before Bank Holidays 08:00 to 00:00 Late Night Refreshment (Indoors and Outdoors) Sundays before Bank Holidays 23:00 to 00:00 Hours premises are open to the public Sundays before Bank Holidays 07:00 to 00:30
	Amendments to application advised at hearing:
	Mr Grant offered that the closing time to members of the public would be in keeping with Core Hours. This means that the premises would close to the public on Sundays before Bank Holidays at midnight
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted the application, including the amended hours the premises are open to the public on Sundays before Bank Holidays.

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, including any permitted external area appropriately authorised for the use of tables and chairs on the highway, shall only operate as a Restaurant, Shop and Deli. The Restaurant and Deli shall only operate in a way;

(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 deep fried food or drink for immediate consumption (apart from drink that is consumed in the permitted external area),

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

(vi) where, apart from off-sales in sealed containers, alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises (including any permitted external area) 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.

10. Save for in any permitted external area authorised for the use of tables and chairs on the highway, all sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

11. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

12. 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 authorized officer throughout the entire 31 day period.

13. 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. This staff member must be able to provide a Police or authorized council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

14. 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.

15. All tables and chairs shall be removed from the outside area by 23.00 each day.

16. Save for in any permitted external area 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. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

18. 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.

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

20. 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.

21. 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.

22. No licensable activities shall take 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.

23. 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.

24. The sale of alcohol for consumption on the premises shall only be permitted during the hours the sanitary facilities at 25/27 Swallow Street are available to patrons

25. 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

(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.

26. There shall be no sales of alcohol for consumption on the premises prior to 10:00 hours.

27. After 22:00 hours no alcohol shall be served in glass drinking vessels for consumption in the outside external area.

Supporting documents:

Restricted enclosure View the reasons why document 5./1 is restricted
Freggo 27-29 Swallow Street W1 Redacted Version, item 5. PDF 901 KB