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Agenda item

Itsu, 15 Baker Street, W1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Marylebone High Street Ward /

not in cumulative impact area

Cumberland Food & Wine, 11 Great Cumberland Place, W1

New Premises Licence

17/14437/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:     One Local Resident.

 

Present: Mr Mark Browning (Solicitor, representing the Applicant) andMs Nuala Harkin (Itsu, Head of Facilities).

 

Itsu, 15 Baker Street, London, W1U 3AH (“The Premises”)

17/14437/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

 

 

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 Itsu Limited for a new premises licence in respect of Itsu, 15 Baker Street, London, W1U 3AH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Police and Environmental Health (EH) had withdrawn their representations following the agreement of conditions.

 

Mr Browning, representing the applicant, explained that Itsu had recently submitted four similar applications of which three had been granted under delegated powers. The fourth application was before the Sub-Committee now as a residential representation had been received. The applicant had attempted to contact the resident to discuss the issues but this had proven unsuccessful. The Sub-Committee was advised of the operating style of Itsu and how it could be regarded differently to a conventional restaurant. To address concerns over the external tables and chairs Mr Browning detailed how their number would be reduced to ensure there was no obstruction on the public highway. Overall the application could be regarded as being very simple with the hours requested being within core hours. The Premises currently operated for less than these hours but they had been requested to simply provide greater flexibility if required.

 

The Council’s Licensing Policy Adviser requested clarification on the plan submitted and whether the capacity proposed included both internal and external areas? Mr Browning confirmed that the capacity of sixty covered both internal and external areas excluding staff. In response to a question from the Council’s Legal Adviser Mr Browning clarified that he considered all sales of alcohol to customers sat at the external tables and chairs to be on sales where the sale of alcohol was ancillary to them taking a table meal. A floor manager would help ensure the safety of all the seated areas with the external area being monitored constantly. The Sub-Committee was advised that sales of alcohol at similar Itsu establishments were very small and consisted only of 0.2% of total sales.

 

It was pointed out by the Council’s Policy Adviser that the usual approach was for the plan to identify sales to external areas on the highway as off-sales rather than on-sales. However, following a suggestion from the Council’s Legal Adviser the applicant agreed to amend condition 9 to ensure that the consumption of alcohol on the Premises including the external area was ancillary to the customer taking a table meal.

 

After careful consideration the Sub-Committee agreed to grant the application. The Premises was not located within a Cumulative Impact Area and the hours proposed were within core hours therefore making the application compliant with the Council’s Statement of Licensing Policy. It was also noted that the Police and EH had withdrawn their representations following the agreement of conditions. The conditions proposed were considered appropriate and proportionate and would ensure they upheld and promoted the licensing objectives. The measures in place to ensure there was sufficient control in the external area were considered sufficient and the Sub-Committee was satisfied that they would prevent any public nuisance or crime and disorder originating from the area.

 

Having heard all the evidence (and taken into account the written representation from the local resident), the Sub-Committee was satisfied that the Premises would uphold and promote the licensing objectives and as such agreed to grant the application accordingly.

 

2.

Hours Premises Are Open to the Public

 

Monday to Saturday: 07:00 to 23:30

Sunday: 07:00 to 23:00

 

 

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 consumption of alcohol on the premises (including any external seating areas) shall only be to a person seated taking a meal there and for consumption by such a person as ancillary to their meal.

 

10. Sales of alcohol for consumption off the premises shall be in sealed containers only and supplied ancillary to a take away meal.

 

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. The number of persons permitted on the premises (including the external seating areas) consuming alcohol at any one time (excluding staff) shall not exceed 60 persons.

 

13. 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.

 

14. 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 preceding 31-day period.

 

15. 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.

 

16. 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, which 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.

 

17. 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.

 

18. 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.

 

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

 

 

Supporting documents: