Agenda item

Everyman Baker Street, Ground Left, 96-98 Baker Street, W1

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Marylebone High Street Ward / not in cumulative impact area

Everyman Baker Street, Ground Left, 96-98 Baker Street, W1

Variation of a Premises Licence

17/13196/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 8th February 2018

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Rita Begum and Councillor Louise Hyams

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Sarah Craddock

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         One Local resident

 

Present: Andrew Wood, Solicitor for Everyman

 

Everyman Baker Street, Ground Left, 96-98 Baker Street, W1U 6TJ

17/13196/LIPV (“The Premises ”)

1.

To remove condition 26 which reads

 

“all drinking receptables used at the Premises are to be plastic or polycarbonate’.

 

 

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 Everyman Media Limited (“the Applicant”) for a Variation to the Premises licence in respect of Everyman Baker Street, Ground Left, 96-98 Baker Street, London W1U 6TJ.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.

 

The Applicant’s representative advised that this application was for a variation of a premises licence to remove the following condition “all drinking receptacles used at the Premises are to be plastic or polycarbonate”.  The Committee heard that this was a premium cinema that had facilities such as sofa chairs, carpets and adequate seat rests to place drinks and that there was no evidence to demonstrate that the Applicant would not promote the licensing objectives having regard to the management and training practices in place that were adopted for the same type of premises in all of its locations.  

 

 

 

 

 

 

 

 

In response to questions from the Sub-Committee, the Applicant’s representative advised that the capacity was less than 60 persons for each cinema screen, that the licence allowed ice-cream in a glass and bottles of wine to be allowed into the cinema and that allowing the use of proper glasses reflected the type of premium service that customers expected at an Everyman cinema. He further confirmed that there had been no glass breakages at the other Everyman cinemas and that the cinema would be promoting the licencing objectives by having CCTV and regular staff monitoring during the film.

 

The Sub-Committee considered that this was a premium cinema that had facilities such as sofa chairs, carpet and adequate seat rests to place drinks and that there was no evidence to demonstrate that the Applicant would not promote the licensing objectives by the removal of the condition.  It was stated that conditions had been agreed with both the Police and Environmental Health andthe Premises was not situated in the Council’s designated cumulative impact areas.  The Sub-Committee after careful consideration of the matter decided to grant the application with amended and additional conditions added to the licence.

 

The Sub-Committee considers the conditions imposed on the Premises Licence to be appropriate and proportionate that will help promote the licensing objectives.

 

3.

Opening Hours of the premises

 

Sunday to Wednesday: 09:00 to 00:00

Thursday: 09:00 to 01:00

Friday to Saturday: 09:00 to 02:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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.

 

 

Conditions attached to the Licence

 

 

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.

 

9.         Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate

 

Conditions reproducing the effect of conditions subject to which the relevant existing licences have effect

           

Conditions relating to regulated entertainment

           

10.       This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.

 

11.       On New Years Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Years Eve to the time when regulated entertainment can commence on New Years Day (or until midnight on New Years Eve where no regulated entertainment takes place on New Years Day).

           

12.       Notwithstanding the provisions of Rule of Management No. 6, the premises may be kept open for the purposes of this licence: (a) from 11pm to midnight on Sunday to Wednesday; (b) from midnight on Thursday to 1am on the day following; (c) from midnight on each Friday and Saturday to 2am on the days following.

           

13.       When films are exhibited in the 'Restricted 18' category the additional special conditions for 'Club' cinemas shall be observed.

 

14.       An attendant to be present on the premises, at all times, for the purposes of supervising the auditorium.

           

15.       Intoxicating liquor only to be sold to persons gaining admission by ticket.

           

16.       No external advertisement of the licensed facilities.

           

17.       No direct access from the street to any bar.

           

18.       Non-intoxicating beverages including drinking water to be available at all times throughout the licensed area

           

19.       This licence granted subject to there being no change of the use of the premises than that of a cinema.

           

Conditions which reproduce the effect of any restriction imposed on the use of the premises by specified enactments

 

20.       The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 New Year's Day.

 

Annex 2 – Conditions consistent with the operating Schedule

 

21.       The venue shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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 venue 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period. 

 

22.       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 are open to the public.  This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

 

23.       A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

 

24.       A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log 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 are open.

 

25.      The rear fire escape of the premises shall only be used for emergency access and egress.

 

26.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which give rise to a nuisance.

 

27.       Notices will be prominently displayed at the ground floors exits requesting the public to respect the needs of local residents and to leave the premises and area quietly.

 

28.       No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) is inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or is distributed to the public, that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services.

 

29.       Any alcohol sold for consumption off the premises shall be in sealed containers and shall form part of a film promotional package.

 

30.       Sale of alcohol is permitted from the end of permitted hours on 31st December to start of permitted hours on 1st January.

 

Annex 3 – Conditions attached after a hearing by the licensing authority

 

None

 

 

Supporting documents: