Agenda item - The Larder@Soho, Sohostel, 91-92 Dean Street, W1

The Larder@Soho, Sohostel, 91-92 Dean Street, W1

Meeting of Licensing Sub-Committee (1), Thursday 22nd March, 2018 10.00 am (Item 1.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / West End Cumulative Impact Area

The Larder@Soho, Sohostel, 91-92 Dean Street, W1

New Premises Licence

17/14805/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 22nd March 2018

Membership: Councillor Angela Harvey (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

Legal Adviser: Horatio Chance

Committee Officer: Tristan Fieldsend

Presenting Officer: Yolanda Wade

Relevant Representations: The Licensing Authority and The Soho Society

Present: Mr Stuart Ball (Applicant), Mr Steve Rowe (Licensing Authority) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing The Soho Society)

The Larder@Soho, Sohostel, 91-92 Dean Street, London, W1D 3SY (“The Premises”)

17/14805/LIPN

Sale by Retail of Alcohol – On Sales

Monday to Sunday: 10:00 to 19:00

Amendments to application advised at hearing:

The Applicant confirmed that the hours for the sale by retail of alcohol on Sundays would be amended to 12:00 to 19:00.

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application by One Housing Group for a new premises licence in respect of The Larder@Soho, Sohostel, 91-92 Dean Street, London, W1D 2SY.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Metropolitan Police had withdrawn their representation following the agreement of conditions with the Applicant, Mr Ball.

The Applicant, explained that the Premises operated as a small café. Constructive discussions with the Responsible Authorities had taken place and agreement on adding several conditions on to the licence had been agreed. This included limiting the capacity of the Premises to thirty persons, prohibiting any alcohol being taken off the Premises and removing the provision of off sales from the licence. The main purpose of the application was to allow hostel residents to have a drink and consume some food before or after check-in and check-out. The café would have a limited impact on the surrounding area and would stop selling alcohol from 19:00 hours. Two other licences were already operated from the Premises that related to residents only. Four full time staff were employed who would manage the Premises and this included two café managers and two other staff members.

Mr Rowe, representing the Licensing Authority, highlighted that the sale of alcohol would not be ancillary to food and therefore the application came under section PB2 of the City Council’s Statement of Licensing Policy (SLP). Under the policy, there was a presumption to refuse the application. The hours requested were within core hours except on Sundays where it was intended to sell alcohol from 10:00 hours. Mr Ball confirmed that he was willing to change the hours on Sundays for the sale of alcohol to between 12:00 and 19:00 to bring it in line with the core hours policy.

Mr Rowe stated that the Applicant had to satisfy the Sub-Committee that the application could be considered an exception to policy as set out in paragraphs 2.4.1 and 2.4.2 of the SLP. This included ensuring the Premises was conditioned to provide reassurance the consumption of alcohol was appropriately regulated.

Mr Brown from the Westminster Citizens Advice Bureau, representing The Soho Society, addressed the Sub-Committee. He confirmed that their representation was maintained. Concern was expressed that once the licence was granted then it could be varied at a future date under a different operator resulting in a change of character at the Premises. Paragraph 2.2.22 of the SLP set out that an appropriate condition that could potentially satisfy the Sub-Committee was to personalise the licence to the current management. It could be considered suitable to do this especially as the café was very closely linked to the hostel operation. Clarification on the food offer available was also requested.

In response to questions from the Sub-Committee Mr Ball confirmed that the Premises was a backpackers hostel consisting of a capacity of two hundred and ninety five people split over eighty-three rooms. There was a designated smoking area outside which was regularly maintained to ensure it remained clean and tidy. Mr Ball also confirmed that the tables and chairs in the café would remain in place and not be moved. Details on the food provision was provided. The Sub-Committee noted there would be limited alcohol available at the café and this would be served to persons seated at the tables.

The Council’s Legal Adviser requested information on what training was provided to staff to ensure the licensing objectives were promoted. Mr Ball advised that training was provided to all staff and several existing staff members were already personal licence holders. They were trained in the many different aspects of selling alcohol including logging any sale of alcohol refusals that took place.

Following a question from the Council’s Legal Adviser Mr Ball confirmed that he would accept a condition being placed on the licence requiring a direct telephone number to the manager at the Premises to be available at all times. The Sub-Committee was also informed that there would be no external advertising of the alcohol facilities at the café and the applicant agreed for this to be appropriately conditioned. Finally, Mr Ball also confirmed that to provide further reassurance to the Sub-Committee a condition limiting the licence to the hostel operations personal use only would be accepted.

After careful consideration, the Sub-Committee agreed to grant the application. It was recognised that the Premises was located within a Cumulative Impact Area (CIA) however the constructive discussions that had taken place between the Applicant and the Responsible Authorities to ensure appropriate conditions were attached to the licence were welcomed. The Sub-Committee noted that the hours for the sale of alcohol would now be within the core hours policy. No external advertising of the alcohol facilities available was considered appropriate along with the provision that a direct telephone number to the manager would be available at all times. The Applicant had agreed for the licence to be personalised for their use which addressed concerns raised about how it could potentially operate in the future under a different operator. The Sub-Committee was also pleased to note that the capacity of the Premises would be limited to a maximum of thirty persons with alcohol only sold to persons seated at a table and by waiter/waitress service. The Sub-Committee was of the opinion that these conditions would prevent the Premises from becoming a drink-led establishment. The applicant had also accepted a condition where outside of the hours authorised for the sale of alcohol all alcohol would be secured to prevent access to it from customers. All of these conditions were considered appropriate and proportionate by the Sub-Committee and ensured that the Premises could be considered an exception to policy. The Sub-Committee was therefore of the opinion that the Premises would not add to cumulative impact in the local area.

The Sub-Committee did have careful regard to the concerns expressed by The Soho Society and the Licensing Authority but considered the conditions proposed to be appropriate and proportionate in the circumstances. After careful consideration the Sub-Committee was satisfied that the Premises would promote the licensing objectives. It was therefore agreed to grant the application accordingly.

Hours Premises Are Open to the Public

Monday to Sunday: 10:00 to 19:30

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;

(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 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 entire 31-day period.

10. 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.

11. 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.

12. No more than (15)% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

13. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

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

15. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day.

16. 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.

17. 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.

18. 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.

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

20. 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

(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.

21. 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.

22. As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and local radio scheme if available.

23. 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.

24. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as café.

25. The number of persons permitted in the premises at any one time (including staff) shall not exceed 30 persons.

26. No deliveries to the premises shall take place between (23:00) and (08:00) on the following day.

27. All alcoholic drinks are to be decanted into polycarbonate/plastic containers or polycarbonate/plastic carafes prior to being served.

28. The sale of alcohol on the premises shall be by waiter/waitress service only to persons seated at tables or the fixed seating areas.

29. There shall be no sales of alcohol for consumption off the premises.

30. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

31. There shall be no external advertising of alcohol on the Premises.

32. The licensed area shall remain at all times under the management of One Housing Group Ltd and the licence is linked to their personal use.

33. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

Supporting documents:

The Larder@Soho Sohostel 91-92 Dean Street W1, item 1. PDF 2 MB