Agenda item
The Shan State, 100-102 Shaftesbury Avenue, W1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
St James’s Ward / West End Cumulative Impact Area |
The Shan State, 100-102 Shaftesbury Avenue, W1 |
New Premises Licence |
17/14772/LIPN
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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, The Metropolitan Police and Environmental Health
Present: Ms Shan New (Applicant), Mr Ian Watson (Environmental Health), Mr Alan Lynagh (Westminster City Council Licensing Surveyor), Mr Steve Rowe (Licensing Authority) and PC Toby Janes (Metropolitan Police)
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The Shan State, 100-102 Shaftesbury Avenue, London, W1D 5EE (“The Premises”) 17/14772/LIPN
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1. |
Sale by Retail of Alcohol – On Sales
Monday to Saturday: 12:00 to 23:00 Sunday: 12:00 to 22:30
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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 Northern Shan State Ltd for a new premises licence in respect of The Shan State, 100-102 Shaftesbury Avenue, London, W1D 5EE.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Ms Shan, the Applicant, introduced the application and the hours sought for the sale of alcohol. It was stated that the Premises would primarily operate as a dessert café but also provide a selection of rice and noodle dishes that would all be pre-prepared at another location. The Sub-Committee was advised that the Premises would be well managed and not become a source of any disturbance in the local area. It was recognised that concerns had been raised over the kitchen area and as such, Ms Shan provided an overview of the Premises plans. The location of the kitchen was highlighted along with the various fire escapes. The Sub-Committee was advised that no primary cooking would take place at the Premises and the kitchen would mainly consist of a fridge freezer and a microwave. There was no cooking using gas in this area and therefore the level of risk associated with this space was minimal. The clientele mainly consisted of tourists and students.
Mr Rowe, representing the Licensing Authority, confirmed that the applicant had agreed for the model restaurant condition to be incorporated within the operating schedule. Discussions over several of the proposed conditions had taken place and as such, there were various duplicates which could now be deleted if the Sub-Committee was minded to grant the application. Therefore as the Premises was located in a Cumulative Impact Area (CIA) it was now for the applicant to demonstrate that it would not add to CIA in the local area. Ms Shan confirmed that she had agreed the proposed changes to the conditions as discussed.
Mr Watson, representing Environmental Health (EH), informed the Sub-Committee that there had been confusion over the plans and he had therefore visited the Premises. An area of concern had been raised regarding potential means of escape from the basement area. Mr Lynagh, the Council’s Licensing Surveyor, addressed the Sub-Committee to provide further details on this concern. The basement area was used for karaoke and the Sub-Committee was advised that it was in a quite remote location from any safety exit. The main issues centred on the level of risk in the kitchen as people exiting from the basement would use it as their means of escape. If there was an incident in the kitchen area then that would cut off any people located in the basement from a means of escape which could have the effect of undermining the Public Safety Licensing Objective. The Applicant had stated that there would be no gas used for cooking only electric but this was still considered an issue. As such, a proposed condition had been suggested to ensure that no licensable activities could take place at the basement floor until this concern had been assessed as satisfactory by EH. Ms Shan stated that she was content for this condition to be added to the licence.
Mr Watson explained that the Premises was currently operating as a food led establishment. Discussions had been held over the capacity of the Premises and the toilet provision provided. There was currently two toilets and two hand basins in operation and this did not meet the required standards for the capacity of the Premises. A third toilet was situated on the first floor but this was not currently in use. Ms Shan advised that the toilet on the first floor was not in operation following a suggestion from the Council when the Premises was first opened. Mr Watson confirmed that staff currently used the customer toilets however at a premises where there was food preparation it was expected that staff would have access to their own toilet facilities. The Sub-Committee queried what the capacity of the Premises was and the applicant agreed EH’s suggestion that it be eighty persons with a maximum of fifty persons on the basement floor. Under the relevant standards, the appropriate toilet provision for eighty persons would be a minimum of two female cubicles, one male cubicle and one urinal. In response to a question from the Sub-Committee Mr Watson stated that the current toilet provision in place was acceptable for a maximum of thirty persons. Mr Watson understood the applicant’s issues in increasing the toilet provision due to the Premises being located in a listed building.
Mr Watson confirmed that EH was content with the removal of the duplicate conditions as detailed earlier by the Licensing Authority.
PC Toby Janes, representing the Metropolitan Police, welcomed the agreement of the proposed conditions by the applicant, including the full model restaurant condition, and as such this satisfied the Police’s concerns in terms of the crime and disorder licensing objective.
Following a question from the Sub-Committee Ms Shan advised that substantial food in the form of rice and noodle dishes would be available to customers. These dishes would be prepared at a sister restaurant and then transported to the Premises resulting in no primary cooking taking place on site.
The Sub-Committee was pleased to note that during its retirement to make a decision further discussions had taken place between the Applicant and EH concerning the toilet provision. A new updated set of Premises plans were now available and an agreement had been reached between all parties for the first floor toilet to now operate as the staff toilet. Mr Watson also advised that it would be possible to introduce another toilet cubicle into the basement area. The applicant was content to undertake these works with EH’s guidance and as such EH were content that this toilet provision would meet current guidance and promote the public safety licensing objective.
The Sub-Committee carefully considered the application in light of the licensing objectives. The conditions proposed by the Responsible Authorities and accepted by the Applicant provided reassurance that the Premises would not permit any vertical drinking and therefore become an alcohol-led establishment. The adoption of the model restaurant condition and restricting the capacity of the Premises, especially the basement area, would ensure it would promote the licensing objectives. Whilst it was recognised that the Premises was located in a CIA the Sub-Committee was of the opinion that the style and nature of the operation together with the conditions imposed on the Premises Licence would not add to cumulative impact in the area. Concern had been raised over the promotion of the public safety licensing objectives with regards to the toilet provision and the means of escape from the basement area. The discussions that had taken place between the applicant and EH regarding increasing the toilet provision were welcomed by the Sub-Committee. The proposed changes would be compliant with the food hygiene legislation and addressed the concerns initially raised. To provide assurances that the changes to the toilet provision were undertaken the Sub-Committee agreed to attach a condition to the licence prohibiting any licensable activities from taking place at the Premises until such time that EH were satisfied with the proposed changes. With regards to the means of escape from the basement this was considered a concern and as such a further additional condition would be added to the licence. The condition would prevent any licensable activities from taking place at the basement floor until it had been assessed as satisfactory by EH. The Sub-Committee recognised that this was an important issue which went very much to the heart of the Decision to grant the Premises Licence and one that required addressing before any alcohol would be permitted to be sold.
The Sub-Committee was pleased to note that there was an updated set of plans available but requested that a new set, detailing exactly where the proposed licenced area would be, be submitted.
After considering all the evidence, the Sub-Committee agreed to grant the application. The Sub-Committee did have regard to the concerns expressed by the Licensing Authority, the Metropolitan Police and Environmental Health but considered the conditions proposed to be appropriate and proportionate in the circumstances. After careful consideration of the evidence the Sub-Committee was satisfied that the Premises would not add to cumulative impact and would promote the licensing objectives. The Sub-Committee therefore granted the application accordingly.
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2. |
Hours Premises Are Open to the Public
Monday to Sunday: 12:00 to 23:30
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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 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. Alcohol will be sold or supplied for consumption on the premises only.
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, and (v) 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. 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
12. 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 refusal of the sale of alcohol (g) any visit by a relevant authority or emergency service.
13. 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.
14. 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.
15. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 80 persons with a maximum of 50 persons permitted in the basement floor.
16. 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.
17. 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.
18. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
19. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
20. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
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. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
23. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
24. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day.
25. 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.
26. 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.
27. No licensable activities shall take place at the basement floor until the basement floor has been assessed as satisfactory by the Environmental Health Consultation Team at which time the Licensing Authority shall remove this condition from the Licence.
28. No licensable activities shall take place in the premises until such time as the toilets facilities meet Environmental Health’s approval.
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Supporting documents:
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