Agenda item
PF Changs, 10-11 Great Newport Street, WC2
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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 |
PF Changs, 10-11 Great Newport Street, WC2 |
Premises Licence Variation |
17/10875/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 14th December 2017
Membership: Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Karen Scarborough
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Daisy Gadd
Relevant Representations: In support – 1 representation from an individual who is employed in the area.
Objecting to the application - Environmental Health, Licensing Authority, 2 local residents.
Present: Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Barry Cook (Applicant Company), Mr Maxwell Koduah (Environmental Health) and Ms Shannon Pring (Licensing Authority).
Declaration: Councillor Louise Hyams declared that 10-11 Great Newport Street is located within the ward she represents, St James’s. It was stated that sitting in on the application would not affect her ability to consider the application with an open mind and free from any bias.
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PF Changs, 10-11 Great Newport Street, WC2 17/10875/LIPV (“The Premises”)
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1. |
Sale by retail of alcohol (Off) |
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Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Ms Gadd in presenting the item advised that the Applicant and Environmental Health had agreed an amendment to Condition 36 in the report that ‘patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, including those seated in an area appropriately authorised for the use of tables and chairs on the highway, shall be limited to 12 persons up to 23:00 and 8 persons thereafter’. She also informed the Sub-Committee that the Police’s concerns had been addressed and they had now withdrawn their representation.
The Sub-Committee initially asked Mr Spiegler, representing the Applicant, whether he had any objections to Councillor Hyams considering the application. PF Changs is located in the ward she represents, St James’s. Mr Spiegler advised the Sub-Committee that he had no objections to Councillor Hyams considering the application.
The Sub-Committee heard from Mr Spiegler in respect of the application. He explained that this was an application for a variation of the premises licence to add off sales of alcohol. It was stated that the Applicant had been granted planning permission and a highways licence to place 4 tables and 8 chairs in the external area and sought to sell alcohol to customers there. The Applicant was also requesting to sell alcohol ancillary to a takeaway meal. There were no proposed changes to the operating hours inside the Premises.
Mr Spiegler also sought to provide some clarification regarding the conditions. He supported Environmental Health’s requested removal of the works condition on the existing premises licence in the event the Sub-Committee was minded to grant the current application as Environmental Health had inspected the Premises as required in the condition. He confirmed that the Applicant and Environmental Health had agreed the amended Condition 36 read out by the Presenting Officer. Mr Spiegler stated that in keeping with the agreed condition the use of the furniture outside would stop at 23:00. It could not be accessed by smokers after this time. Condition 38 in the report had been proposed by the Applicant and it was sought that Condition 10 on the existing premises licence would therefore be removed. Condition 10 had not permitted off sales. Condition 38 sought off sales either in sealed containers or to customers using the designated external seating areas. Mr Spiegler advised that proposed conditions 39-43 as listed in the report had been agreed.
Mr Spiegler referred to the three written representations received that were not from the Responsible Authorities. He made the point that the first representation listed was from an individual who is employed in the area and he had written in support of the application. The individual had expressed the view that the application might ‘help to reduce disorderly behaviour which would benefit local businesses’. Of the two written representations submitted by residents objecting to the application, Mr Spiegler commented that these did involve matters outside the scope of the application including cooking smells and that the tables and chairs would be a major obstacle on the narrow street. The latter was a matter that had been considered when the external tables and chairs permissions had been granted. The Applicant had written to the residents in response to their stated concerns.
Mr Spiegler addressed the Sub-Committee on the Council’s policy. He referred to the Licensing Authority’s representation focussing on the Premises location in the West End Cumulative Impact Area. Mr Spiegler made the point, in response to the Licensing Authority’s concern that the increase in capacity would lead to an increase in the cumulative impact, that the seating was already situated in the external areas and what was being requested was that customers were able to be served alcohol there. He added that in the event alcohol was permitted to be sold to customers in the external areas there would be controls on the activity. He believed that the proposed conditions were in keeping with the Council’s policy RNT2 for restaurants in the cumulative impact areas. The hours for off sales were consistent with the Council’s Core Hours policy except for Sundays. Mr Spiegler offered a terminal hour for the use of the tables and chairs of 22:30 on Sundays which was in keeping with the proposed terminal hour for off sales and the Council’s Core Hours policy.
Mr Spiegler also advised the Sub-Committee that the minimum capacity had recently been 165. A few months ago the Applicant had voluntarily reduced the capacity to 136 in accordance with the amended layout. He said that even taking into account the additional 8 people outside the capacity was significantly less than previously and was overall a reduction in cumulative impact.
Mr Spiegler sought to reassure the Sub-Committee that there was a requirement for the external tables and chairs permissions to be renewed every six months and in the event there were issues, these permissions would potentially not be given going forward.
The Policy Adviser asked Mr Spiegler whether it was in his opinion compatible for proposed Conditions 38 and 43 in the report to have both been agreed between the Applicant and Environmental Health given that Environmental Health’s proposed condition (Condition 43) set out that off sales would be restricted to the external seating areas only whereas the Applicant’s condition requested off sales to be available ancillary to a takeaway meal in addition to the external seating areas. The Policy Adviser also asked whether Mr Spiegler wished to retain Condition 38. Mr Spiegler replied that the Applicant had a preference for Condition 38 but was happy with the spirit of the additional controls proposed in Condition 43 for the external seating areas. He added that if it assisted, the Applicant was content for only Condition 43 to be attached to the premises licence rather than Condition 38. The primary aspect of the application was to seek the sale of alcohol in the external seating areas.
The Sub-Committee heard from Ms Pring on behalf of the Licensing Authority. She confirmed that the Licensing Authority had maintained their representation as the Premises is located in the West End Cumulative Impact Area. In particular, the representation was due to the 8 additional people being served alcohol in the external seating areas. She said that it was for the Sub-Committee to consider whether granting the application would have a detrimental impact on the Cumulative Impact Area.
The Sub-Committee was also addressed by Mr Koduah on behalf of Environmental Health. He advised that the original correspondence with the Applicant had been on the basis that off sales were only required for the external seating areas and this was why he had proposed Condition 43 as set out in the report. Condition 43 should replace Conditions 38, 39, 41 and 42. He confirmed that there was an amended Condition 36 read out by the Presenting Officer, Ms Gadd.
The Sub-Committee, having carefully considered all the representations, granted the application accordingly. The Sub-Committee, in reaching this decision, took into account that the proposed conditions would promote the licensing objectives (these included the limitations on smokers and the reduction in the proposed hours for the use of the tables and chairs on Sundays) and that the sale of alcohol would be ancillary to a substantial table meal in keeping with the Council’s policy RNT2. There was therefore no presumption against the application in respect of the Council’s policy. Mr Spiegler had clarified that the Applicant was content for Environmental Health’s Condition 43 in the report to be attached to the premises licence and not Condition 38 where the Applicant had also sought alcohol ancillary to a takeaway meal. The removal of this condition meant it was not inconsistent with the Council’s model restaurant condition MC66. The Sub-Committee was satisfied that the application based on the written and oral evidence was unlikely to add to cumulative impact. The Sub-Committee noted the recent reduction in capacity from 165 to 136.
In addition to Condition 38 as set out in the report not being attached to the premises licence, the Sub-Committee also removed Conditions 38, 39, 41 and 42 as requested by Environmental Health. Condition 10 as set out in the report was removed as requested by the Applicant as it had prohibited off sales.
The Sub-Committee considered that the conditions imposed on the Premises Licence are appropriate and proportionate and will promote the licensing objectives.
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2. |
Conditions being varied, added or removed |
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Condition being varied
Condition being removed
Condition 10
Apart from customers being permitted to take alcohol from the premises in accordance with condition 9 above, there shall be no sales of alcohol for consumption off the premises.
Conditions being added
(i) Proposed condition 38 - Apart from customers being permitted to take alcohol from the premises in accordance with condition 9, the sale of alcohol for consumption off the premises shall be either in sealed containers only and ancillary to a takeaway meal; or to persons using designated external seating areas.
(ii) Proposed condition 39 - Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
(iii) Proposed condition 40 - All outside tables and chairs shall be rendered unusable by (23:00) each day.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the amendment to Condition 37 in the report and the deletion of Condition 10. The Sub-Committee did not attach Conditions 38 and 39 to the premises licence. The Sub-Committee, taking Mr Spiegler’s amended proposed terminal hour on Sunday into account, amended Condition 40 to ‘all outside tables and chairs shall be rendered unusable by 23:00 Monday to Saturday and 22:30 on Sunday’.
See reasons for decision in Section 1.
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Conditions attached to the Licence |
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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 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. 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.
10. Notwithstanding condition 9 above, alcohol may be supplied and consumed by customers prior to their meal in the bar area, in the area hatched red and shown on plan number 010 Rev.B, by up to a maximum at any one time of 15 customers in this area.
11. The premises will be laid out with a minimum of 136 covers at all times.
12. 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.
13. 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.
14. 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.
15. 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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
16. 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.
17. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
18. 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.
19. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
20. No 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.
21. All exit doors to the premises will remain closed after 23:00 hours except for entrance and egress.
22. Excluding staff, the number of persons permitted in the premises at any one time shall not exceed 136 persons, with no more than 30 in the basement at any one time.
23. 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.
24. No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.
25. 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.
26. 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.
27. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
28. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
29. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
30. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
31. 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.
32. 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.
33. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
34. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, including those seated in an area appropriately authorised for the use of tables and chairs on the highway, shall be limited to 12 persons up to 23:00 and 8 persons thereafter at any one time.
35. Except for persons using designated external seating areas, 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.
36. All outside tables and chairs shall be rendered unusable by 23:00 Monday to Saturday and 22:30 on Sunday.
37. The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal, and where the supply of alcohol is by waiter or waitress service only.
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Supporting documents:
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