Agenda item - Basement And Ground Floor, 19 New Quebec Street, W1

Basement And Ground Floor, 19 New Quebec Street, W1

Meeting of Licensing Sub-Committee (2), Thursday 7th September, 2017 10.00 am (Item 4.)

App

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

Bryanston and Dorset Square Ward / not in cumulative impact area

Basement And Ground Floor, 19 New Quebec Street, W1

New Premises Licence

17/06994/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 7th September 2017

Membership: Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Rita Begum

Legal Adviser: Horatio Chance

Committee Officer: Jonathan Deacon

Presenting Officer: Daisy Gadd. Heidi Lawrance also in attendance.

Relevant Representations: 1 local resident.

Present: Mr Nic Rascle (Applicant).

Declaration: Councillor Heather Acton declared by way of a personal interest that she lives near the premises and has used the Applicant’s shop. This did not in any way affect her ability to consider the application free from bias and with an open mind.

Basement And Ground Floor, 19 New Quebec Street, W1 (“The Premises”) 17/06994/LIPN
1.	Sale by Retail of Alcohol (On and Off)
	Tuesday to Saturday: 10:00 to 23:00 Sunday: 09:30 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 Rascle that he had opened the Premises as a fishmonger approximately three years ago. He wished to be able to sell French and Japanese alcohol for consumption on and off the premises Tuesday to Saturday 10:00 to 23:00 and Sunday 09:30 to 22:30. This was in keeping with the fish sold, including sushi. The Applicant envisaged that on the ground floor alcohol would be available in the indoor and external seated eating areas and in the basement there would be a seafood / oyster bar. There would be a maximum of 12 people in the basement bar area. It was intended that there would be a training/testing area in the basement where there would be classes such as wine tasting and a demonstration of how to prepare fish. This area would have up to 12 people sitting and 6 people standing. The overall proposed capacity was 20 upstairs and 30 downstairs. There would be a maximum of 6 people in the external area. There would be no primary cooking at the Premises. Mr Rascle was given the opportunity to respond to the written representation from the local resident who had objected to the application. The local resident was not in attendance at the hearing. The Sub-Committee noted that the local resident had referred to significant problems with noise from Arabesque and The Grazing Goat in New Quebec Street. He also experienced nuisance from building work and rubbish in the street. The Sub-Committee had noted the comments in that objection but had to consider the application on its individual merits with a view to promoting the licensing objectives. Mr Rascle advised that he had some twenty eight years’ experience of catering. He expressed the view that Portman Estate were working to improve the street and that some of the scaffolding was beginning to be removed. He would be restricting the potential for noise, including that rubbish would not be collected until 08:30 or 09:00 in the morning. He had a storage facility for rubbish. Most of the food would be prepared downstairs and the outside area would not be used at a late hour. The Sub-Committee asked Mr Rascle whether he would be willing to bring forward the terminal hour for the use of the outside area. He replied that he would be content with tables and chairs being rendered unusable by 22:00 hours and placed inside the premises by 23:00 hours each day. He was planning to reduce the number of seats outside and have a higher percentage of customers downstairs. Mr Rascle was asked by the Sub-Committee whether he planned to have a delivery service from the Premises. He replied that he was not intending to do so. His experience from his Primrose Hill shop was that there was a lack of demand and the Premises in any event focussed on a local clientele. Mr Rascle was asked by the Sub-Committee about whether he intended to use sustainable transport, particularly electric vehicles. He stated that he did not currently have an electric powered van as there was not one which he believed was appropriate for his family needs, including his young son. He would look at using an electric van in the future, particularly if it was suitable for three people. He did use environmentally friendly products, including recycling bags. The Sub-Committee noted that the Applicant had agreed a condition proposed by the Police that the supply of alcohol at the Premises would only be ancillary to food. Mr Rascle confirmed that he was content with all the conditions proposed by Environmental Health and the Police who had subsequently withdrawn their representations. The Sub-Committee asked Mr Rascle whether he would accept, in order to provide further reassurance, a condition that on the ground floor alcohol would be served to seated customers at a table. The Sub-Committee appreciated that there would be customers in the basement who would potentially be standing consuming food or drink for the classes which took place. Mr Rascal responded that he would prefer not to have alcohol only served to seated customers at a table. He requested the option of a few customers being able to have a glass of wine at the long counter on the ground floor whilst they were waiting for their table. The Sub-Committee decided to grant the application. The Premises is not located in one of the Council’s designated cumulative impact areas. There were no objections from the Responsible Authorities. The Applicant had agreed a number of conditions with Environmental Health and the Police which promoted the licensing objectives. These included that the supply of alcohol at the Premises shall only be ancillary to food and that the sale of alcohol on the Premises shall at all times be ancillary to the main use of the Premises as a fishmonger. The latter condition meant that the premises licence could not simply be transferred to an operator who wished to operate the Premises as a pub or a bar. The Sub-Committee noted that one of the local resident’s concerns related to litter and the Applicant had agreed a condition with Environmental Health that ‘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’. The Applicant had agreed in discussions with the Sub-Committee that the outside area would not be used by customers after 22:00 which limited the potential for nuisance to local residents. The Sub-Committee, taking into account Mr Rascle’s request that a few customers be able to have a glass of wine at the long counter on the ground floor whilst they were waiting for their table, attached the condition to the premises licence that ‘the number of persons permitted on the ground floor shall be limited to 20 diners of which a maximum of 6 can stand consuming alcohol prior to taking a table meal’. The Sub-Committee decided it was appropriate to make a slight adjustment to the hours on Sunday so that the Premises would open at 09:30, on and off sales of alcohol would commence at 10:00 and would cease at 22:30 when the Premises would also be required to close. The commencement hours on Sunday were then consistent with the rest of the week and the terminal hour for alcohol and the closing time on Sunday would be consistent with the Council’s Core Hours policy. This would not impact on the Applicant’s ability to serve brunch where alcohol would be ancillary to food.
2.	Hours premises are open to the public
	Monday to Saturday: 09:30 to 23:00 Sunday: 09:30 to 23:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee decided to grant the application, subject to conditions as set out below. The Sub-Committee amended the opening hours on Sunday so that the Premises would open to the public at 09:30 and close to the public at 22:30. See reasons for decision in Section 1.

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. Notices will be used in the area of smoking requesting patrons to respect local residents and keep the noise down.

10. Measures to be taken to ensure no disturbance to residents in the area.

11. Train staff to ensure compliance with the law in relation of adults buying alcohol for children.

12. Alcoholic beverages will be kept in designated areas such as behind the counter fridge where children and clients have no access

13. The number of persons permitted in the Basement of the premises at any one time (excluding staff) shall not exceed 30 persons.

14. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner so as to ensure that there is no public nuisance or obstruction of the public highway.

15. 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.

16. 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.

17. 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.

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

20. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

21. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

22. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

23. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

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

25. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 22.00 hours and 08.00 hours on the following day.

26. No deliveries to the premises shall take place between 22.00 hours and 08.00 hours on the following day.

27. No licensable activities shall take place in the basement of the premises until the premises have 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.

28. 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.

29. 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.

30. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

31. All outside tables and chairs shall be rendered unusable by 22:00 hours and placed inside the premises by 23:00 hours each day.

32. The sale of alcohol on the premises shall at all times be ancillary to the main use of the premises as a fish monger.

33. 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.

34. A Challenge 21 or 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.

35. The supply of alcohol at the premises shall only be ancillary to food

36. 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 faults in the CCTV system, searching equipment or scanning equipment (e) any refusal of the sale of alcohol (f) any visit by a relevant authority or emergency service.

37. The number of persons permitted on the ground floor shall be limited to 20 diners of which a maximum of 6 can stand consuming alcohol prior to taking a table meal.

Supporting documents:

19 New Quebec Street W1, item 4. PDF 533 KB