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Agenda item

Unit 4, Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgwood Mews And 12-14 Greek Street

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

West End Ward /

West End Cumulative Impact Area

Unit 4, Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgwood Mews And 12-14 Greek Street

Application for Provisional Statement

17/09323/LIPST

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 19th October 2017

 

Membership:            Councillor Jean Paul Floru (Chairman), Councillor Louise Hyams and Councillor Murad Gassanly

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     Environmental Health, The Licensing Authority, The Metropolitan Police and one local resident.

 

Present: Mr Alun Thomas (Solicitor, representing the applicant), Ms Rachel Pearse and Mr Nick Lawson (representing the applicant company), Mrs Sally Fabbricatore (Environmental Health), Mr David Sycamore (The Licensing Authority) and PC Sandy Russell (The Metropolitan Police).

 

Unit 4, Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgwood Mews and 12-14 Greek Street (“The Premises”)

17/09323/LIPST

 

1.

Late Night Refreshment - Indoors

 

Monday to Saturday: 23:00 to 01:00

Sunday: 23:00 to 23:30

 

Seasonal Variations/Non-Standard Timings:

 

These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours of New Year’s Day.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by Soho Estates Ltd for a provisional statement for a new premises licence in respect of Unit 4, Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgwood Mews and 12-14 Greek Street.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Councillor Louise Hyams declared that she worked part-time for a planning consultancy which had been involved in the planning application for the scheme but she had had no involvement, or held any discussions, with regards to the application before the Sub-Committee. As a result of the above declaration made by the 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 Thomas, representing the Applicant, confirmed that the proposed off sales of alcohol had been withdrawn from the application along with all conditions relating to it. One resident had submitted a representation and this was in favour of the application with no residents objecting to the proposals. Mr Thomas acknowledged that the hours requested were beyond core hours however this was a purpose built development which would be unique in assisting in the dispersal of customers. The Council’s model restaurant condition would be attached onto the licence ensuring it would not become a drink-led premises. It was recognised by the City Council’s Statement of Licensing Policy (“SLP”) that restaurants were less likely than bars or pubs to add to cumulative impact or create public disturbance in the local area.

 

Mr Nick Lawson, of Soho Estates, explained how the property had been purchased in 2012 with planning permission for the development granted in 2016. It was stated that the proposals for the scheme had been developed over four years taking into account the nearby Crossrail development. It was submitted that the premises would act as a venue where people could dwell and help ensure they didn’t enter into the Soho district exacerbating issues their around cumulative impact and disturbance The Premises was well managed and secure with CCTV in operation, on-site security in place and a centralised waste management system provision. The site had been vacant for four years and the Sub-Committee noted that the street it was located on was not of a residential nature. Mr Thomas clarified that the external seating area was restricted to 23:00 hours and during the pre-application process with Environmental Health (EH) the proposed conditions had been agreed.

 

In response to a question from the Sub-Committee the applicant confirmed that the four units on the development would not be amalgamated. Soho Estates supported independent operators providing mid to high level quality restaurant offerings.

 

Mrs Fabbricatore, representing EH, confirmed that their proposed conditions had been agreed with the applicant. Initial public nuisance and safety concerns had been addressed however the capacity of the venue had yet to be agreed with EH.

 

PC Russell, representing The Metropolitan Police, was pleased to note the development as it was believed granting it would benefit the local neighbourhood and help combat anti-social behaviour and crime in the area late at night. The conditions proposed and agreed between the applicant and EH had been assessed and were considered sufficient to ensure the licensing objectives were promoted. The Metropolitan Police’s representation was maintained however based on policy grounds.

 

Mr Sycamore, representing the Licensing Authority, confirmed that its representation was maintained. The hours requested were beyond core hours although the unique location of the Premises next to a tube station was acknowledged. Further clarity was requested however on how the Premises cumulative impact could be assessed whilst its proposed capacity was still unknown.

 

Mr Thomas highlighted the unique nature of the development and emphasised how carefully considered and designed the application had been. The use of the Premises as a restaurant and the hours requested were considered appropriate for the local area and no evidence had been provided that it would add to cumulative impact or undermine the licensing objectives.

 

The Sub-Committee considered the application and was satisfied that the conditions agreed between the applicant and EH were appropriate and would ensure that the licensing objectives were upheld. The addition of the model restaurant condition provided reassurance that the venue would not become an alcohol-led establishment. The unique location of the premises was considered and particular weight was given to the evidence provided by the Police with regards to how the new development would benefit the local neighbourhood and help combat anti-social behaviour and crime in the area late at night. The Sub-Committee therefore was of the opinion that whilst the hours requested were beyond core hours the Premises would not add to cumulative impact in the area and would actually assist in reducing disturbance in the local area. Having considered all the evidence before it the Sub-Committee therefore agreed to grant the application accordingly.

 

The Sub-Committee considered that the conditions it had imposed on the Premises Licence to be appropriate and proportionate and to promote the licensing objectives.

 

2.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 10:00 to 01:00

Sunday: 12:00 to 23:30

 

Seasonal Variations/Non-Standard Timings:

 

These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours of New Year’s Day.

 

 

Amendments to application advised at hearing:

 

The applicant advised that the provision of off sales was withdrawn from the application.

 

 

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

 

The Sub-Committee granted the application, see reasons for decision in Section 1.

 

3.

Hours Premises Are Open to the Public

 

Monday to Saturday: 08:00 to 01:00

Sunday: 08:00 to 23:30

 

Seasonal Variations/Non-Standard Timings:

 

These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours of New Year’s Day.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the application, 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;

 

(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 subparagraph 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 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.

 

10. 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.

 

11. 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.

 

12. There shall be no sales of alcohol for consumption off the premises after 23.00.

 

13. The tables and chairs in the courtyard shall only be used between 0800 and 23.00 each day.

 

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

 

15. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

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

 

17. 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.

 

18. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (07.00) on the following day.

 

19. 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.

 

20. A Challenge 21 or 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.

 

21. 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.

 

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

 

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

 

24. No deliveries to the premises shall take place between (23.00) and (07.00) on the following day.

 

25. 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.

 

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

 

26. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.  

 

 

Supporting documents: