Agenda item
147 Ebury Street, SW1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
Churchill Ward / not in cumulative impact area |
147 Ebury Street, SW1 |
New Premises Licence |
18/01050/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 2
Friday 16th March 2018
Membership: Councillor Tim Mitchell (Chairman), Councillor Julia Alexander and Councillor Karen Scarborough
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Simone Murray
Heidi Lawrance
Relevant Representations: One local resident.
Present: Mr Philip Day (Solicitor, representing the Applicant) and Ms Lauren Williams (Operations Director of the Applicant Company)
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147 Ebury Street, London, SW1W 9QN (“The Premises”) 18/01050/LIPN
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1. |
Sale by Retail of Alcohol – On Sales
Monday to Wednesday: 09:00 to 21:30 Thursday to Friday: 09:00 to 22:30 Saturday: 09:00 to 20:30 Sunday: 09:00 to 16:30
Seasonal Variations/Non-Standard Timings:
Christmas Eve and New Year’s Eve 09:00 until 23:00 hours. Christmas Day and New Year’s Day – closed.
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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 London Grace Ltd for a new premises licence in respect of 147 Ebury Street, London, SW1W 9QN.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Metropolitan Police and Environmental Health (EH) had withdrawn their representations following the agreement of conditions with the Applicant. The Sub-Committee was also informed that the Applicant had submitted supplementary information after the deadline and it was at the Sub-Committee’s discretion whether they wanted to view the documents in the interests of fairness and transparency and usually with the consent of the parties.
Mr Day, representing the Applicant, advised the Sub-Committee that the Applicant had attempted to contact the sole resident who had submitted a representation regarding the application. A letter had been written to the resident providing further information on the type of operation intended for the Premises and what services it provided however, no response had been received. The Premises was described as an up-market nail bar with successful branches already operating throughout London. It was stated that the Applicant used environmentally friendly products with its unique selling point being the ability to provide customers with a glass of wine whilst undertaking treatments. The Premises would primarily cater to wedding parties where alcohol could only be supplied to a customer and a maximum of one guest.
Mr Day advised that there was an error in the report regarding the opening hours on Saturdays and these should have in fact stated 09:00 to 21:00 hours. The opening hours were often shorter than those applied for, however the proposed hours had been requested as they matched the opening hours for the other two salons currently operating in Westminster. The Sub-Committee noted that the opening hours for the sale of alcohol were earlier than core hours and Mr Day was happy to change this to 10:00 hours if the Sub-Committee considered it appropriate.
One objection to the application had been received which appeared to relate to other licenced premises in the vicinity rather than the application before the Sub-Committee. Mr Day was of the opinion that the resident had potentially misconstrued the application and as such, an invite had been sent out offering a visit to another salon to experience how it would operate. No reply from the local resident had been received. The sale of alcohol only consisted of a small part of the business but an important one as it provided the salon with its unique selling point.
Mr Day highlighted that the Police and EH had withdrawn their representations following the agreement of conditions. These included preventing any plant or equipment noise emanating from the Premises, preventing customers from being able to temporarily leave the Premises with a glass container, ensuring the supply of alcohol was to a maximum of fifteen people in the basement with other conditions restricting servicing and deliveries. Mr Day also highlighted several duplicate conditions on the licence, which could be deleted as appropriate.
The Sub-Committee noted that a planning application had also been submitted to change the use of the Premises. Informal indications were that the permission would be granted and it was hoped to open the salon by June or July 2018. The Sub-Committee agreed to view the late submission by the applicant, which provided a broad overview of how the business would operate.
The Sub-Committee was advised that another branch of the salon was due to open shortly within Westminster and the Sub-Committee inquired why it would operate to different hours. Mr Day explained that the hours proposed for the application before it were slightly longer but the applicant would accept reducing them so that the Premises would open at 10:00 hours and close on a Saturday at 21:00 hours.
The Sub-Committee considered all the evidence and agreed to grant the application. The conditions agreed between the applicant, the Police and EH were considered appropriate and would ensure that the licensing objectives were upheld. Of particular importance was the condition requiring the sale of alcohol to be to customers receiving treatments limited only to no more than one other person. The customers also had to be seated and this provided reassurance that the Premises would not be alcohol-led. The hours proposed were considered acceptable, however the Sub-Committee restricted the terminal hour on Saturdays to 21:00 hours and the opening hours on Sundays to 10:00 hours. This was to ensure that residents did not experience any disturbance over the weekend.
The Sub-Committee did have careful regard to the concerns expressed in the representation submitted by a local resident but considered the conditions proposed to be appropriate and proportionate. After careful consideration the Sub-Committee was satisfied that the Premises would promote the licensing objectives and therefore granted the application accordingly.
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2. |
Hours Premises Are Open to the Public
Monday to Wednesday: 09:00 to 22:00 Thursday to Saturday: 09:00 to 23:00 Sunday: 09:00 to 17:00
Seasonal Variations/Non-Standard Timings:
Christmas Eve and New Year’s Eve 09:00 until 23:00 hours. Christmas Day and New Year’s Day – closed.
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Amendments to application advised at hearing:
The Sub-Committee permitted the hours requested aside from restricting the terminal hour on Saturdays to 21:00 hours and the opening hours on Sundays to 10:00 hours.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (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 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.
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Conditions Consistent with the Operating Schedule
9. No beers or ciders shall be stocked, sold or supplied.
10. Alcohol shall only be sold or supplied to customers who are receiving nail or other cosmetic beauty treatments and to no more than one other person accompanying each such customer.
11. The capacity of the premises shall be restricted to a maximum of 40 customers.
12. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
13. The premises will operate a Challenge 25 policy whereby any person who appears to be under the age of 25 will be required to produce a photographic proof of age in one or other of the forms specified by the mandatory conditions, before being sold or supplied with alcohol. Notices advertising the policy shall be displayed at the entrance to the premises and at the servery.
14. All staff involved in the sale or supply of alcohol shall receive training regarding the law relating to the sale of alcohol to children and persons who are drunk, before they commence their duties. Refresher training shall take place at least once every 12 months. A written record of staff training shall be kept on the premises and made available for inspection by police and other authorised officers on request.
15. Customers shall not be permitted to bring their own alcoholic drinks into the premises.
16. 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.
17. A direct telephone number for the manager or supervisor at the premises shall be publicly available at all times the premises is open.
18. No waste and recyclable materials (including bottles) shall be moved, removed from or placed in outside areas between 23:00 and 08:00 on the following day.
19. No deliveries to the premises shall take place between 23:00 hours and 08:00 hours the following day.
20. Customers leaving the premises temporarily (e.g. to smoke) shall not be permitted to take drinks or glasses with them.
21. 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.
22. There shall be no self-service of alcohol.
23. 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, searching equipment or scanning equipment g) Any refusal of the sale of alcohol h) Any visit by a relevant authority or emergency service
24. 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. Viewings of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
25. 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 Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
26. 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.
27. No collections of waste or recycling materials (including bottles) from the premises shall take place between 20:00 and 08:00 on the following day.
28. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
29. The supply of alcohol in the basement shall be to no more than fifteen persons at one any one time.
30. The supply of alcohol at the premises shall be to seated persons.
31. No licensable activities shall take place at the premises until the premises have 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.
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Supporting documents:
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