Agenda item
1 St James's Market, SW1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
St James’s Ward / West End Cumulative Impact Area |
1 St James’s Market, SW1 |
New Premises Licence |
17/06464/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 14th September 2017
Membership: Councillor Jean Paul Floru (Chairman), Councillor Heather Acton and Councillor Louise Hyams
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Yolanda Wade
Relevant Representations: Environmental Health and the Licensing Authority.
Present: Mr Jack Spiegler (Solicitor, representing the applicant), Mr Nick Kelleher (Representing the Applicant Company), Mr Maxwell Koduah (Environmental Health) and Mr David Sycamore (Licensing Authority).
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1 St James’s Market, London, SW1Y 4AH (“The Premises”) 17/06464/LIPN |
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1. |
Sale by Retail of Alcohol – On and Off
Monday to Saturday: 10:00 to 23:00 Sunday: 12:00 to 22:30
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by The Crown Estate for a new Premises licence in respect of 1 St James’s Market, London, SW1Y 4AH.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Councillor Floru declared that he had attended evening events held at the Premises.
Councillor Acton declared that she had attended day time events held at the Premises.
Council Hyams declared that the application was situated within her ward and she had previously attended meetings hosted by The Crown Estate. All parties present were in agreement that Cllr Hyams should not be precluded from sitting on the Sub-Committee during the discussion on this item.
As a result of the above declarations made by each Councillor the Sub-Committee felt that it was able to approach the application free from bias and with an open mind and so determined the same on its individual merits.
Mr Sycamore, representing the Licensing Authority, confirmed that their representation was maintained on the grounds that clarity was still required on the number, style and capacity of events to be held at the Premises and also that it was located within a Cumulative Impact Area (CIA). The Sub-Committee noted that the applicant had circulated prior to the meeting a document providing further information on the events planned to be held at the Premises.
Mr Koduah, representing Environmental Health (EH), explained he had held initial concerns over the application regarding public safety as the Premises was situated on the 7th floor of the Premises. It was submitted that constructive discussions had been held with the Applicant over the safety arrangements in place, which included the maximum usable floor space and the number of toilets available at the Premises, and was satisfied that these arrangements were satisfactory. There had been some concern over the capacity of the Premises but further clarity provided on the toilet provision available reassured Mr Koduah that the Premises could comfortably support 210 people. It was not considered appropriate to impose a maximum capacity on the licence but if the Sub-Committee was minded to do so then a maximum of 200 people would be considered acceptable.
The Sub-Committee was interested to know why EH had proposed to limit the use of the outside terrace after 21:00 hours when the Premises was not located in a residential area. Mr Koduah explained that the terrace had the potential to create public nuisance if used extensively after 21:00 hours, particularly if residents were to move into the area at some stage in the future and in that respect wanted to preserve the prevention of public nuisance licensing objective.
Mr Spiegler, representing the Applicant, confirmed that information on the nature and style of events to be held at the Premises had been circulated prior to the hearing. A condition restricting the capacity of the Premises to 200 persons could be imposed but the Applicant did not currently hold any events of this size. The Sub-Committee was also informed that the Applicant did not think the 21:00 restriction on the use of the terrace was required but would accept it if the Sub-Committee felt it was appropriate to do so. In terms of the City Council’s Statement of Licensing Policy, because the Premises was not a bar, pub, nightclub or fast food Premises it was suggested that it was not appropriate to prove the Premises was an exception to the CIA Policy. If it was however the hours requested, the specific use of the Premises, the level of control in place and as it was not located in a residential area were the relevant tests the Sub-Committee should have regard to when considering what impact (if any) would be caused in the cumulative impact area.
In response to a question Mr Spiegler confirmed that aside from the condition restricting the use of the terrace area the applicant would accept all other conditions proposed by EH.
After careful consideration the Sub-Committee agreed to grant the application. It was recognised that the Premises was located within a CIA however the Sub-Committee was of the opinion it would not add to cumulative impact in the area. The hours requested were within the core hours policy, the nature of the events to be held at the Premises and the fact it was not anticipated that a significant number of events would be held per year provided the Sub-Committee with reassurance it would not add to cumulative impact. The Sub-Committee also noted that the Premises was not located in a residential area and was therefore very unlikely to create any noise and disturbance to local residents and undermine the public nuisance licensing objective. It was therefore felt that allowing the use of the external terrace area until 23:00 hours would be acceptable. With regards to capacity the Sub-Committee was satisfied that there were no public safety concerns and the proposed toilet provision was considered acceptable. It was therefore considered that it would not be appropriate to impose any capacity restrictions on the Premises.
Having heard all the evidence the Sub-Committee was satisfied that the Premises would uphold and promote the licensing objectives and as such agreed to grant the application accordingly subject to the deletion of condition 17 relating to capacity and the addition of the following amended conditions proposed by EH:
· There shall be no fixed bar area at any time at the Premises · The external doors to the 7th Floor terraces shall be kept closed after 23:00 hours except for the immediate access and egress of persons · 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 · The approved arrangements at the Premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order. · 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. · All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
The Sub-Committee in determining the application was of the view that the conditions it had imposed on the Premises Licence were appropriate and proportionate and would promote the licensing objectives.
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2. |
Hours Premises are Open to the Public
Monday to Sunday: 00:00 to 00:00
Note:
The general public do not have access to the premises and there will be no external advertising of licensed facilities. Off-sales are restricted to other areas within the building.
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The application was granted, the reason for the decision is detailed in section 1.
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Conditions attached to the Licence |
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Mandatory Conditions
(2) In this paragraph, an irresponsible promotion means nay 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 in 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.
Conditions consistent with the operating schedule
9. The licence shall remain ancillary to the use of the premises as corporate offices.
10.Alcohol shall not be sold or supplied otherwise than to:
a. Directors, partners, officers and employees of the Licensee (and subsidiaries and affiliated companies thereof) and their bona fide guests; and b. Persons attending by prior invitation to a private or organised function in the premises a list of whom is to be kept at reception and made available for inspection by the relevant authorities immediately upon request.
11.There shall be no events involving licensable activities organised by an external premotor at the premises.
12.No draught beers shall be sold.
13.Non-alcoholic drinks including drinking water shall be available at all times when alcohol is sold or supplied.
14.There shall be no sales of alcohol for consumption off the premises, with the exception of alcohol sold for consumption in other non-licensed areas of the building.
15.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.
16.When the premises licence is in use, notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
17.No advertising of the licensed premises outside of the premises.
18.A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the Police or an authorised officer of the City Council at all times whilst the premises is open.
19.There shall be no fixed bar area at any time at the premises.
20.The external doors to the 7th Floor terraces shall be kept closed after 23:00 hours except for the immediate access and egress of persons.
21.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.
22.The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
23.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.
24.All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
25.The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
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Supporting documents:
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