Agenda item
Trattoria Da Aldo, Basement And Ground Floor, 51 Greek Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
West End Ward / West End Cumulative Impact Area |
Trattoria Da Aldo, Basement And Ground Floor, 51 Greek Street, W1 |
Variation of a Premises Licence |
18/00322/LIPV |
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 Jack Spiegler (Solicitor, representing the Applicant) and Mr David Sycamore and Ms Roxana Haq (Licensing Authority).
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Trattoria Da Aldo, Basement And Ground Floor, 51 Greek Street, W1 18/00322/LIPV
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1. |
Layout alteration |
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The applicant is seeking to vary the premises layout in the Basement and Ground Floor of the premises. The proposed layout changes include:
· An increased and improved sanitary accommodation; reconfiguration of back of house areas and introduction of new dining area in the basement area. · Replacement of dining areas with display kitchen and back of house areas; installation of new dining counter on the Ground Floor and inclusion of existing private forecourt within licence demise.
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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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This was an application to vary the premises licence for a restaurant situated in the West End Cumulative Impact Area. The first aspect the Applicant sought to vary was changes to the premises layout, which now included an external area (sales to which would now constitute “on sales” within the terms of the licence). The second was to amend a condition on the existing licence, increasing the maximum capacity from 40 including staff to 54 excluding staff. The third was to add a works condition to the licence.
The Licensing Authority submitted a representation objecting to the increase in capacity in the West End Cumulative Impact Area. The conditions on the existing licence required alcohol to be ancillary to a table meal and supplied by waiter or waitress service. During the hearing, in response to a question from the Sub-Committee, Mr Spiegler, representing the Applicant, confirmed that his client was content for the Council’s model restaurant condition, MC66 to replace these conditions on the premises licence in the event the Sub-Committee was minded to grant the application. Mr Spiegler supplied the information that the maximum number of staff employed at Trattoria Da Aldo would be 12.
The Sub-Committee heard from Mr Sycamore. He welcomed the fact that the Applicant had offered the Council’s model restaurant condition. He also welcomed clarification of the capacity in relation to the number of staff who would be employed at the premises. Mr Sycamore did make the point that the existing hours of operation (which had not changed) were in excess of Core Hours and that more people would be dispersing into the Cumulative Impact Area in the event of an increased capacity. However, it was for the Sub-Committee to consider whether the addition of MC66 addressed concerns.
The Sub-Committee granted the application for the layout alteration, the increased capacity and the works condition. Members considered that the additional conditions, in particular the model restaurant condition, ensured that the application would not add to cumulative impact and would promote the licensing objectives. In policy terms, the premises would now be regarded as a restaurant rather than a fast food premises and that would impact on the existing operation and potentially reduce existing cumulative impact.
The Applicant had agreed two conditions with Environmental Health prior to the latter withdrawing their representation. These had been agreed following the publication of the report. These were that all outside tables and chairs would be removed or rendered unusable by 23:00 each day and no fumes, steam or odours would 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. The Sub-Committee attached these conditions to the licence.
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2. |
Conditions being varied, added or removed |
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Additional condition proposed by the Applicant
The variation of this premises licence (18/00080/LIPT) to include the works shown on plans reference 227.10.500 and 227.10.501 (or subsequently substituted plans) will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from this licence by the licensing authority.
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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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Granted, subject to conditions as set out below (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 may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
10. 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.
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. 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.
13. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
15. 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.
16. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
17. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.
18. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 54 Persons.
19. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
20. All outside tables and chairs shall be removed or rendered unusable by 23:00 each day.
21. 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.
22. The variation of this premises licence (18/00080/LIPT) to include the works shown on plans reference 227.10.500 and 227.10.501 (or subsequently substituted plans) will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from this licence by the licensing authority.
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Supporting documents:
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