Agenda item - Les Douceurs De La Tentation, Ground Floor, 8 Fernhead Road, W9

Les Douceurs De La Tentation, Ground Floor, 8 Fernhead Road, W9

Meeting of Licensing Sub-Committee (4), Monday 9th October, 2017 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Harrow Road Ward /

Not in cumulative impact area

Les Douceurs De La Tentation, Ground Floor, 8 Fernhead Road, W9

New Premises Licence

17/08550/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Monday 9th October 2017

Membership: Councillor Jean Paul Floru (Chairman), Councillor Melvyn Caplan and Councillor Karen Scarborough

Legal Adviser: Horatio Chance

Committee Officer: Sarah Craddock

Presenting Officer: Heidi Lawrance

Relevant Representations: Environmental Health and seven Local Residents.

Present: Ms Dimitra Agapidis (Applicant), Councillor Guthrie McKie (supporting the Applicant), Mr Maxwell Koduah (Environmental Health) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing two local residents).

Les Douceurs De La Tentation, Ground Floor, 8 Fernhead Road, W9 3ET

17/0855/LIPN (“The Premises”)

Late Night Refreshment:

Monday to Thursday: 23:00 to 00:00

Friday and Saturday: 23:00 to 01:00

Seasonal variations/Non-Standard timings: From end of permitted hours on New Years Eve until start of opening hours on New Years Day.

Amendments to application advised at hearing:

The applicant amended the Late Night Refreshment to within the Core Hours Policy.

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application for Les Douceurs De La Tentation (“The Applicant”) for a new Premises licence in respect of 8 Fernhead Road, London W9 3ET.

The Licensing Officer provided an outline of the application to the Sub-Committee. She confirmed that the Police had withdrawn their representation following agreement of conditions with the applicant and that the Premises was not located in the Council’s designated cumulative impact areas.

All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to members’ questions and were given an opportunity to ask questions of each other.

Ms Agapidis advised that she had been trading for seven years as a Bistro/Restaurant without the benefit of a Premises licence and that during this time there had been no public health issues at the Premises. She confirmed that she would amend her application to be within the Core Hours Policy and that conditions had been agreed with both the Police and Environmental Health.

She showed the Sub-Committee photographs of the food that she cooked in her restaurant and explained that she now wanted to give her customers the full restaurant experience by allowing them to have a glass of wine with their meal. The Applicant stated that currently she charges her customers corkage at £2.50 per person. Ms Agapidis confirmed that it was a small restaurant with only 16 covers, that all customers needed to make a reservation and that in the past she had used the temporary event notice regime to promote the business. The Applicant advised the Sub-Committee that her Premises was an Oasis for local people wanting to eat good quality authentic food in pleasant surroundings.

Councillor Mckie advised that he was speaking in support of Ms Agapidis’ application. He explained that the area lacked a good dining restaurant that sold nice wine and that granting this licence would continue the enhancement and transformation of the area for the local community, which in his opinion was needed as part of the continued regeneration for the local area.

Mr Maxwell Koduah representing Environmental Health (EH) highlighted that there had been noise complaints about other premises in the area. There had also been two complaints about these premises regarding cooking smells, however, after further investigation EH had decided that no further action was needed. Mr Koduah confirmed that all their proposed conditions had been agreed with the Applicant.

Mr Brown, from the Westminster Citizens Advice Bureau, advised that he was representing two out of the seven local residents that had made a representation against the licence. Mr Brown advised the Sub-Committee that there was no objection to the licence being granted but to the late opening hour and drinking and smoking outside of the Premises which could cause public nuisance. Mr Brown confirmed that residents were content with the Premises operating within the Core Hours Policy.

The Sub-Committee, after hearing all the evidence, were satisfied that there was no evidence to demonstrate that the Applicant would not promote the licensing objectives. It was noted by the Sub-Committee that the Applicant was passionate about her business and this came through in her submissions. The Sub-Committee was therefore persuaded that the Applicant was a responsible operator that would run her Premises in an effective and efficient manner that would help promote the licensing objectives. The Premise was also not located in one of the Council’s designated cumulative impact areas. The Sub-Committee decided to grant Core Hours. The Sub-Committee, however, did recognise the resident’s concerns regarding excessive noise, smoking and drinking outside of the Premises and therefore requested additional conditions to be added to the licence to avoid public nuisance and promote the licensing objectives.

The Sub-Committee considered the conditions imposed on the Premises Licence were appropriate and proportionate to promote the licensing objectives

Sale by Retail of Alcohol – On and Off

Monday to Thursday: 11:00 to 00:00

Friday to Saturday: 11:00 to 01:00

Sunday: 11:00 to 22:30

Amendments to application advised at hearing:

The applicant has amended the original hours applied for above for the supply of alcohol for consumption on and off the premises within the Core Hours Policy.

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.

Hours Premises are Open to the Public

Monday to Thursday: 09:00 to 00:00:00

Friday to Saturday: 09:00 to 01:00

Sunday: 11:00 to 22:30

Amendments to application advised at hearing:

The applicant amended the opening hours to within the Core Hours Policy.

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.

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.

Conditions consistent with the operating schedule

None

9. There shall be no sales of alcohol for consumption off the premises after 23:00 hours.

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

11. There shall be no deliveries outside the hours of 23:00 and 08:00 hours save for deliveries of fresh produce limited to bread, vegetables, meat and fish

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

13. 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

14. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 and 08:00 hours on the following day

15. 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

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

20. The premises shall only operate as a restaurant

(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 food or drink for immediate consumption,

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

(vi) 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

21. Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

22. There shall be no self-service of alcohol.

23. 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.

24. 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.

25. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.

26. 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.

27. 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.

28. No more than (15)% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

29. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

30. A Challenge 21 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.

31. 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.

32. 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.

33. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

34. All relevant staff will receive refresher training on relevant alcohol laws and the licence holder's policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who is authorised to make a sale of alcohol, including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on reasonable request to a police officer or a relevant officer of a responsible authority.

35. The maximum number of persons permitted on the premises at any one time (excluding staff) shall not exceed 16.

36. On the Sunday and Monday of the Notting Hill Carnival there shall be no sale of alcohol.

37. 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.

38. All outside tables and chairs shall be rendered unusable by (22:30) each day.

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

40. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 6 persons at any one time.

Supporting documents:

Les Douceurs De La Tentation 8 Fernhead Road W9, item 3. PDF 670 KB