Agenda item
Lazeez Lebanese Tapas, 29 Duke Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
Marylebone High Street Ward / Not in cumulative impact area |
Lazeez Lebanese Tapas, 29 Duke Street, W1 |
Variation of a Premises Licence |
17/08985/LIPV |
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
Present: Caffe V Restaurant Limited (Applicants), Mr McCann (Solicitors) and Mrs Sally Fabbricatore (Environmental Health).
Councillor Karen Scarborough declared an interest as local Ward Member and therefore left the room and did not take part in the determination of the matter.
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Lazeez Lebanese Tapas, 29 Duke Street, London W1U 1LF 17/08985/LIPV (“The Premises”) |
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1. |
The application seeks:
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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 Caffe V Restaurant Limited (“The Applicant”) for a variation of a Premises licence in respect of 29 Duke Street, London, W1U 1LF.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that representations had been made from the Police, Environmental Health and one local resident. The Police had withdrawn their representation following agreement of conditions with the applicant and there had been no further correspondence received from the local resident. The Premises were not located in the Council’s designated cumulative impact areas.
The Applicant’s Representative advised that there was demand for extended hours especially during the weekends. Conditions had been agreed with both the Police and Environmental Health and a letter had been sent to the resident reassuring him that the conditions on the licence would ensure that the licensing objectives would be met. He further advised that the Premises were not located in a very residential area and that the Premises had a full restaurant condition already on its licence which meant that no alcohol could be sold without a table meal.
Mrs Sally Fabbricatore, representing Environmental Health, (EH) confirmed that EH did not have any nuisance issues with this Premises or an issue with the extension of the licence. She further considered that the conditions on the licence would address public nuisance.
The Sub-Committee considered that there was there was no evidence to demonstrate that the Applicant would not promote the licensing objectives. The Premises were also not in the Council’s designated cumulative impact areas. The Sub-Committee decided therefore to grant all aspects applied for.
The Sub-Committee considered the conditions imposed on the Licence to be appropriate and proportionate to promote the licensing objectives.
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Conditions attached to the Licence |
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Mandatory:
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. Alcohol to be consumed as ancillary to a table meal.
10. The supply of alcohol shall only be to persons who are seated at tables and served by a waiter or waitress.
11. 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.
12. There shall be no sale of draught beer.
13. The number of persons accommodated at any one time (excluding staff) shall not exceed the limit set out in the current fire risk assessment.
14. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
15. No refuse, including bottles, shall be moved, removed or transferred to or in outside areas between 2300 hours and 0800 hours.
16. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
17. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
18. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
19. The maximum number of persons accommodated at any one time, shall not exceed 70 persons including staff, inclusive of a maximum of 40 persons in the basement.
20. The premises shall only operate as a restaurant
(i) in which customers are shown to their table,
(ii) 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,
(iii) which do not provide any take away service of food or drink for immediate consumption, and
(iv) where intoxicating liquor shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of intoxicating liquor by such persons is ancillary to taking such meals.
21. All tables and chairs shall be removed from the outside area by 23.00 hours each day.
22. All windows and external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.
23. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00.
24. No drinks shall be taken outside after 23:00 hours.
25. No deliveries to the premises shall take place between 23:00 and 07:00 on the following day.
26. 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.
27. 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.
28. 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.
29. A 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.
30. 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.
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Supporting documents:
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