Agenda item
47-48 Newman Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
West End Ward / not in cumulative impact area |
47-48 Newman Street, W1 |
New Premises Licence |
17/13178/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 25th January 2018
Membership: Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Daisy Gadd
Relevant Representations: Environmental Health, The Metropolitan Police and Two Local Residents.
Present: Mr Gary Grant (Counsel, Representing the Applicant), Mr Andrew Wong (Solicitor, Representing the Applicant), Mr Duncan Stirling (Applicant) and Mr Anil Drayan (Environmental Health).
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Mr Fogg’s Townhouse, 47-48 Newman Street, London, W1T 1QQ (“The Premises”) 17/13178/LIPN
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1. |
Playing of Recorded Music
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Seasonal Variations/Non-Standard Timings:
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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 Inception Licence Limited for a new premises licence in respect of 47-48 Newman Street, London, W1T 1QQ.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Mr Grant, representing the applicant, highlighted to the Sub-Committee that following discussions between the applicant, the Police and Environmental Health (EH) a set of proposed conditions had been agreed between all parties. Despite this it was recognised that two residents had maintained their representations regarding the application which expressed concern over a potential increase in the hours for licensable activities. Mr Grant assured the Sub-Committee that this was not the case and there would be no increase in hours for any licensable activities. In response to a question Mr Grant confirmed that it was proposed to extend the opening hours of the Premises by thirty minutes Monday to Saturday and this would act as a ‘drinking up’ time.
Mr Grant provided a brief background to the Premises and the Sub-Committee noted that it had operated as a public house for a significant period of time, albeit that the first floor had operated as a restaurant. Several recent attempts had been made to operate out of the Premises none of which had been successful resulting in the building currently being vacated and attracting squatters. The applicant was proposing to completely redevelop the property and open up a third venue of Mr Fogg’s Townhouse in London. This Premises would have a botanical theme containing floral displays internally and externally with an overall Victoriana theme.
The Sub-Committee was advised that the Premises would not operate as a restaurant however there would be a substantial high quality food element available. As such the applicant was seeking to remove the restaurant condition from the first floor of the Premises. Mr Grant advised that a lease for the building had been agreed subject to the granting of the licence.
Mr Drayan, representing EH, confirmed that he was in attendance to assist the Sub-Committee with any queries they may have had following the residential concerns raised. Mr Drayan advised that he was satisfied with the application and the conditions agreed with the applicant.
In conclusion Mr Grant highlighted how there would be no increase in hours for any licensable activities at the Premises. Conditions had been agreed with the responsible authorities and to try and mitigate residential concerns raised these included:
After careful consideration the Sub-Committee agreed to grant the application. It was recognised that the Premises was not located in a Cumulative Impact Area and there would be no increase in the hours for licensable activities. The Sub-Committee was pleased to note that constructive discussions had taken place between the applicant, the Police and EH following which an agreement on proposed conditions had been reached. These conditions were considered appropriate and proportionate and would help ensure that any disruption to local residents would be minimised. It was noted that a capacity for the venue had not yet been decided upon however all parties agreed for model condition 90 to be added to the licence which would allow EH to determine this.
The Sub-Committee considered that the conditions proposed were appropriate and proportionate and would ensure that the licensing objectives were upheld and promoted. Having heard all the evidence (with consideration also being given to the written representations received from the two local residents), the Sub-Committee was satisfied that the application would transform a currently vacant space, address residential concerns and promote the licensing objectives. As such the Sub-Committee agreed to grant the application accordingly.
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2. |
Late Night Refreshment
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Seasonal Variations/Non-Standard Timings:
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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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3. |
Sales of Retail by Alcohol – On and Off Sales
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Seasonal Variations/Non-Standard Timings:
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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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4. |
Hours Premises Are Open to the Public
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Seasonal Variations/Non-Standard Timings:
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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
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.
9.All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
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Conditions Consistent with the Operating Schedule
10. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
11. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
12. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
13. No waste or recyclable materials, including bottles shall be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours.
14. No deliveries to the premises shall be arranged between 23:00 and 08:00 hours.
15. All waste shall be properly presented and placed out for collection no earlier than 30minutes before the scheduled collection times.
16. All windows and external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.
17.Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given: -
a. dry ice and cryogenic fog (except for food presentations) b. smoke machines and fog generators c. pyrotechnics including fire works d. firearms e. lasers f. explosives and highly flammable substances. g. real flame (except for candles) h. strobe lighting.
18. No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.
19. 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.
20. 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.
21. All exit doors on designated escape routes shall be available at all material times without the use of a key, code, card or similar means.
22. All self-closing doors shall be effectively maintained and not held open other than by an approved device.
23. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
24. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
25. The certificates listed below shall be submitted to the Licensing Authority upon written request:
• Any emergency lighting battery or system. • Any electrical installation. • Any emergency warning system.
26. The air conditioning units operating within the premises must be switched off when licensable activities have ceased for the day.
27. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
28. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate flection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
29. 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.
30. 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.
31.Substantial food and non-intoxicating beverages shall be available throughout the permitted hours in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
32.There shall be no takeaway of hot food or hot drink from the premises after 23:00 hours.
33.Notices shall be prominently displayed at exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
34.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.
35.After 23:00 hours patrons temporarily leaving the premises shall not be permitted to take drinks or glass containers outside with them.
36.No entertainment, performance, service, or exhibition involving nudity or sexual entertainment shall be provided except under the authority of a Sexual Entertainment Venue licence pursuant to the Local Government Miscellaneous Provisions Act 1982 as amended. Agreed
37.There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol. Agreed
38.All door staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests or distinctive uniform that is easily identifiable or as agreed with the police (e.g. butlers uniform/top hat/tails).
39.During busy times door staff shall ensure that the footway outside is not obstructed by the venue’s customers.
40.All outside tables and chairs shall be rendered unusable by 23.00hrs each day.
41.There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises.
42.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.
43.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.
44.All door staff employed at the venue shall be accredited to the Security Industry Authority.
45.There shall be a minimum of 1 registered door supervisor after 9pm until 30mins past close on Thursday, Friday and Saturday. At all other times, management at the venue shall risk assess whether door supervisors are required.
46.There shall be no regulated entertainment on the first floor.
47. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
48.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.
49.The premises shall operate in accordance with an Outdoor Management/ Smokers and Dispersal Policy.
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Supporting documents:
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