Agenda item
The Plaza, 116-128 Oxford Street, W1
|
App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
|
3. |
West End Ward / West End Cumulative Impact Area |
The Plaza, 116-128 Oxford Street, W1 |
New Premises Licence |
17/14610/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 1 March 2018
Membership: Councillor Melvyn Caplan (Chairman), Councillor Karen Scarborough and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Yolanda Wade
Relevant Representations: Licensing Authority.
Present: Mr Gary Grant (Counsel, representing the Applicant), Mr Marcos Fernandez Pardo (Chief Executive Officer, Applicant Company), Mr Andrew Wong (Solicitor, on behalf of the Applicant) and Mr David Sycamore and Ms Roxana Haq (Licensing Authority).
|
New Paella restaurant to be situated in Eastcastle Street (within the larger unit known as The Plaza, 116-128 Oxford Street, W1). 17/14610/LIPN
|
|
|
1. |
Playing of Recorded Music (Indoors) |
|
|
Monday to Thursday: 11:00 to 23:30 Friday and Saturday: 11:00 to 00:00 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 heard from Mr Grant, representing the Applicant. He explained that InPaella is the venture of Quique Dacosta, the internationally renowned chef whose flagship restaurant in Alicante, Spain has held 3 Michelin Stars since 2012. The Applicant company is in partnership with Iberica Restaurants who are working with Snr Dacosta and they current operate eight restaurants in the UK, including two in Westminster.
Mr Grant referred to the Council’s Statement of Licensing Policy setting out at paragraph 2.5.12 that the ‘wide variety of restaurants is a feature of Westminster and contributes to its status as a world class city’ and commented that the project would provide world class dining facilities.
The Applicant was seeking Core Hours for licensable activities with an additional half an hour in relation to the closing time. Mr Grant stated that the reason for the request for an extra half hour was in order that customers would be able to have a more relaxed dining experience. There would be gradual dispersal from the restaurant.
Mr Grant advised that the proposed capacity is 190 (80 on the ground floor and 110 on the first floor). The planning permission granted in March 2017 had envisaged a capacity of 250. He expressed the view that the application would, due to the nature of the premises, enhance the area rather than detract from it and would not add to cumulative impact in the West End Cumulative Impact Area. He also drew Members’ attention to InPaella replacing a number of fast food restaurants that had previously operated from The Plaza’s food court. These outlets had occupied 1440m² in comparison to the current premises’ 865m². The remainder of the space in The Plaza, which was the subject of a major re-development in Eastcastle Street, would be a retail unit. The address of the premises would be Eastcastle Street.
Mr Grant said that the hours for the planning permission granted by the Council were in keeping with the opening hours to the public being applied for in the current application. He made reference to the case of Forster v SoS for Communities and Local Government [2016] EWCA Civ 609 in order to make the point that whilst the Sub-Committee was not bound by a planning decision it should have regard to that recent decision. Mr Grant also referred to the list of other restaurant premises in the area set out in the report for the application and added that the proposed hours were in line with those premises.
Mr Grant also spoke about the proposed conditions offered by the Applicant. These included the Council’s model restaurant condition, MC66, that no drinks shall be taken outside the premises and that a maximum of 25 customers at any one time would be able to consume alcohol prior to their meal in the bar area. There was also a proposed condition that the maximum number of patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, would be limited to 10 at any one time.
Mr Grant requested that the Applicant was given the opportunity to submit additional documents at the hearing. These had been received by the Licensing Service after the deadline set out in the Council’s Rules of Procedure. The documents included letters of support from local residents, local businesses, the Ambassador of Spain, the Spanish Chamber of Commerce and the Economic and Commercial Office at the Embassy of Spain in the United Kingdom. Mr Grant believed that if one of the purposes of the cumulative impact policy was to protect local residents then letters from residents in support of the application was a relevant factor. There was no objection from the Licensing Authority to the Sub-Committee considering these documents. The Sub-Committee decided to allow the documents to be submitted by the Applicant on this occasion.
The Sub-Committee was addressed by Mr Sycamore on behalf of the Licensing Authority. The Licensing Authority maintained their representation on policy grounds, particularly cumulative impact, as 190 people would have access to additional licensable activities in the West End Cumulative Impact Area. He however welcomed the vast improvement in the application, including the proposed conditions and the amendments made by the Applicant during the consultation process and after it had concluded. This included that customers’ purchase and consumption of alcohol in the holding bar had previously been pre and post meal but would now only be prior to a meal. A specific maximum number of 25 had now been set. Mr Sycamore welcomed that the Applicant had proposed the Council’s model restaurant condition, MC66 and no off sales.
Mr Sycamore said that it was for the Sub-Committee to consider whether Mr Grant’s point on the new premises replacing the fast food restaurants located in the Plaza demonstrated that the customers were already in the cumulative impact area.
The Sub-Committee, in granting the application, considered that the application would promote the licensing objectives and not add to cumulative impact. Key to this decision was the conditions offered by the Applicant, including that the premises would be fully compliant with the Council’s model restaurant condition. The Sub-Committee was content that licensable activities within Core Hours and an additional 30 minutes in terms of the closing time were appropriate given the nature of the application. The Sub-Committee noted that there were not any concerns raised by local residents or the Responsible Authorities regarding the licensing objectives.
Whilst the Sub-Committee welcomed the changing use of the space within The Plaza to a restaurant with MC66 as a condition on its licence, Members had not made a decision based on the reduced space used by the restaurant in comparison to the fast food premises. No licensable activities had been conceded or licences surrendered as part of this application.
It was agreed that the premises would now be known as Restaurant, Eastcastle Street as this was more appropriate given its location than 116-128 Oxford Street.
|
|
2. |
Late Night Refreshment (Indoors) |
|
|
Monday to Thursday: 23:00 to 23:30 Friday and Saturday: 23:00 to 00:00
|
|
|
Amendments to application advised at hearing: |
|
|
None.
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
Granted, subject to conditions as set out below (see reasons for decision in Section 1).
|
|
3. |
Sale by retail of alcohol (On) |
|
|
Monday to Thursday: 11:00 to 23:30 Friday to Saturday: 11:00 to 00:00 Sunday: 12:00 to 22:30
|
|
|
Amendments to application advised at hearing: |
|
|
None.
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
Granted, subject to conditions as set out below (see reasons for decision in Section 1).
|
|
4. |
Hours premises are open to the public |
|
|
Monday to Thursday: 11:00 to 00:00 Friday to Saturday: 11:00 to 00:30 Sunday: 11:00 to 23:00
|
|
|
Amendments to application advised at hearing: |
|
|
None.
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
Granted, subject to conditions as set out below (see reasons for decision in Section 1).
|
|
5. |
Seasonal variations / Non-standard timings |
|
|
Playing of Recorded Music (Indoors)
· From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. · On the day British Summer Time commences for an additional hour following the terminal hour. · Sundays before Bank Holidays 12:00 – 00:00 hours.
Late Night Refreshment (Indoors)
· From the start time on New Year’s Eve to the terminal hour for New Year’s Day. · On the day British Summer Time commences for an additional hour following the terminal hour. · Sundays before Bank Holidays 23:00 – 00:00 hours.
Sale by retail of alcohol (On)
· From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. · On the day British Summer Time commences for an additional hour following the terminal hour. · Sundays before Bank Holidays 12:00 – 00:00 hours.
Hours premises are open to the public
· On the day British Summer Time commences for an additional hour following the terminal hour. · From the start time on New Year’s Eve to the terminal hour for New Year’s Day. · Sundays before Bank Holidays 11:00 – 00:30 hours.
|
|
|
Amendments to application advised at hearing: |
|
|
None.
|
|
|
Decision (including reasons if different from those set out in report): |
|
|
Granted, subject to conditions as set out below (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 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. No drinks shall be taken outside the premises.
10. 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.
11. The number of persons permitted on the premises at any one time (excluding staff) shall not exceed, First Floor (110)persons Ground Floor 80 persons
12. A Challenge 21 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.
13. 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.
14. Loudspeakers shall not be located in the entrance lobby or outside the premises building. Recorded music played in the restaurant shall not be audible externally.
15. The premises will have a zero tolerance policy to drugs and drunken/violent behaviour. We will also encourage responsible drinking and the consumption of food with alcoholic beverages.
16. The licence holder will train staff to recognise binge drinking and to refuse to serve people who show signs of having already consumed too much. ? 17. Any person who appears to be intoxicated or who is behaving in a disorderly manner will not be allowed entry to the venue. Any person within the venue who appears to be intoxicated or who is behaving in a disorderly manner will be given care and consideration when being asked to leave the venue.
18. A comprehensive
cloa
19. 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.
20. 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 premise 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.
21. All windows and external doors shall be kept closed at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
22. The restaurants main entrance will have self-closing doors and a two door lobby.
23. 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.
24. Patrons permitted to temporarily leave and then re-enter the premises, eg to smoke, shall not be permitted to take drinks or glass containers with them.
25. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
26. 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.
27. 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.
28. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 08..00 hours Monday to Saturday and not before 10am or after 10:30pm on Sundays. These will occur between the times of 08:00 and 19:00 using the buildings loading bays in accordance to the submitted servicing plan to the planning department of Westminster Council.
29. No deliveries to the premises shall take place between 23.00 and 08.00 Monday to Saturday and not before 10am or after 10:30pm on Sundays. These will occur between the times of 08:00 and 19:00 using the buildings loading bays in accordance to the submitted servicing plan to the planning department of Westminster Council.
30. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the highway.
31. 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:
32. There shall be no sales of hot food or hot drink for consumption ‘Off’ the premises.
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. 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.
35. 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.
36. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
37. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
38. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
39. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
40. 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.
41. Notwithstanding condition 41, alcohol may be supplied and consumed prior to their meal in the bar area on the first floor of the premises (coloured blue on the plan), by up to a maximum of 25 customers at any one time.
42. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to (10) persons at any one time.
43. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
44. No licensable activities shall take place at the premises until it 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.
|
Supporting documents:
PDF 8 MB