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Agenda item

11-19 Eccleston Place, SW1

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Warwick Ward / not in cumulative impact area

11-19 Eccleston Place, SW1

New Premises Licence

18/02901/LIPN

 

 

 

Minutes:

TEMPORARY LICENSING COMMITTEE

Thursday 10th May 2018

 

Membership:            Councillor Tim Mitchell (Chairman) and Councillor Heather Acton

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officers:Heidi Lawrance

 

Relevant Representations:     Environmental Health, The Metropolitan Police and One Local Resident.

 

Present: Mr James Rankin (Counsel, representing the Applicant), Mr Alun Thomas (Solicitor, representing the Applicant), Mr Tom Warren (Applicant), PC Toby Janes (Metropolitan Police) and Mr Dave Nevitt (Environmental Health)

 

11-19 Eccleston Place, London, SW1W 9NF (“The Premises”)

18/02901/LIPN

 

1.

Late Night Refreshment - Indoors

 

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

 

Seasonal variations / Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 23:00 – 00:00.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by Grosvenor Investments Ltd and Tarts Kitchen Ltd (Joint Applicants) for a new premises licence in respect of 11-19 Eccleston Place, London, SW1W 9NF.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Mr Rankin and Mr Thomas, representing the applicants, confirmed that Grosvenor Estates was the landlord and they would transfer the lease upon its completion after which it would then be solely in the name of the tenant.

 

Mr Rankin highlighted that the Premises was not located within a Cumulative Impact Area (CIA) and was seeking to permit the sale of alcohol to core hours. The Premises would operate as a high-end restaurant with the provision of a standalone bar and a retail area. A photographic studio would also form part of the Premises that could also be utilised as an event space. The Sub-Committee was advised that a pre-application meeting had been held with Environmental Health (EH) and the Sub-Committee was advised that save for one area EH and the Police were content with the application. Only one residential representation had been received from a resident, who Mr Rankin advised, was not located in close proximity to the Premises. It was hoped the conditions agreed with the Responsible Authorities would allay the concerns raised by the resident.

 

Mr Rankin provided an overview of the Premises plans and confirmed that the capacity of the bar area would be limited to a maximum of 35 customers with a food offer available. The restaurant area had a capacity of 100 customers with the studio area used as a standalone area or as part of the restaurant if required. The Premises included two spaces where a deli food offer would be provided with all the food prepared onsite. In addition, there was also three small retail areas where it was hoped to provide a facility for off sales of alcohol. Bottles of beer and English wines would be available to purchase in these areas and it was recognised that it was these areas which the Responsible Authorities had expressed concerns over.

 

Mr Rankin provided an overview of the proposed conditions which included:

 

  • Adopting a restaurant condition for the supply of alcohol at the Premises save for 35 persons at the bar area; persons in the fashion, creative and entertainment industries located in the studio area; and persons attending a pre-booked function;
  • No sales of super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV or above;
  • No more than 15% of the retail area to be used for the sale and display of alcohol,
  • No self service of spirits;
  • Off sales of alcohol to cease by 23:00 hours; and
  • Tables and chairs in the external area to be rendered unusable by 23:00 hours.

 

EH had requested a condition be added to the licence requesting that outside of the hours for the sale of alcohol, any alcohol situated in the retail areas must be secured behind either locked grilles or cabinets to prevent access by both customers and staff. Mr Rankin advised that this condition was often used for off licences and was not appropriate for the style of operation proposed for the Premises. The application was not aiming to attract people seeking intoxication and would not expect to receive customers requesting alcohol outside of its licensed hours. The Applicant was willing to accept the condition if the Sub-Committee deemed it necessary but it was requested that it not be added to the licence.

 

The Council’s Policy Adviser requested clarity regarding the condition regarding off sales. Mr Rankin confirmed that this related to a small section of table, which extended externally into a courtyard area. The Applicant was content that off sales within this area be conditioned so that they were ancillary to customers taking a table meal.

 

The Sub-Committee was interested to learn what type, and the number of pre-booked events, it was envisaged to hold at the Premises. Mr Rankin advised that they would primarily relate to art and fashion events. It was currently unknown how many events would take place per annum but the operator wanted to be a good neighbour and aimed to create no impact to the nearby residents.

 

Mr Nevitt, representing Environmental Health, explained that he had initial concerns with the application due to the multi-use nature of the site and the close proximity of residents located above it. EH was pleased to note however that no regulated entertainment had been applied for and appropriate noise protection had been provided through the planning process. Further clarity was required though about the number of events planned and the proposed areas of activity. Finally, if the Applicant did not want to accept EH’s proposed condition regarding the securing of alcohol behind locked grilles then further restrictions on the size of the retail area for the sale of alcohol, and the installation of till prompts, would allay some concerns and reduce the emphasis on the display of alcohol.

 

PC Janes, representing the Metropolitan Police, confirmed that he was generally happy with the conditions offered and was satisfied they addressed the crime and disorder licensing objective. The small retails areas remained a source of concern however due to the street drinking issues experienced in the locality. The Premises could provide an opportunity for people to drink on the street and it was therefore requested that alcohol in these areas be locked behind grilles outside of the hours authorised for their sale so as to promote the crime and disorder licensing objective.

 

Mr Nevitt explained that if the Applicant was currently willing to accept the condition regarding the securing of alcohol in the retail areas then they could always submit a variation application in the future with a design that was potentially more appropriate for their style of operation. As such, Mr Rankin confirmed that the Applicant was willing to accept the condition imposed on the licence.

 

In response to questions from the Sub-Committee Mr Rankin confirmed that no shisha would be available at the Premises. In addition, all the packaging produced by the operation would be environmentally friendly and fully recyclable. Concern was expressed over delivery companies servicing the Premises and potentially creating disturbance to local residents. The Applicant therefore agreed for a condition to be placed on the licence that no takeaway or deliveries would occur after 23:00 hours. The Sub-Committee did note that the opening hours requested were thirty minutes in excess of core hours. Mr Rankin explained that the sale of retail was to core hours but thirty minutes extra was requested for the opening hours to allow customers to finish their drinks.

 

The Council’s Policy Adviser requested that if the Sub-Committee was minded to grant the application condition 11(b) be amended to read “All sales of alcohol for consumption off the premises shall be: b) to persons seated taking a substantial table meal there and for consumption by such a person as ancillary to there meal in the courtyard area outside the retail grab and go kiosk marked on the plan.” The Applicant was content for the amendment to be included on the licence.

 

The Sub-Committee carefully considered the application and noted that it was not located within a CIA and therefore there was no presumption against granting the licence. However, a slight concern was raised regarding the provision of pre-booked events and the potential impact 350 people attending could have on the local area. The Sub-Committee acknowledged however, that residents had raised no significant concerns over this area and if it did become a source of disturbance in the future residents did have necessary mechanisms available to bring about a review application. The style and nature of the operation provided reassurance that it would not become a drink-led establishment or a venue for people seeking intoxication. As it was a new premises however and had no operational footprint the Sub-Committee was of the opinion that granting the application to core hours, including opening hours, was appropriate in the circumstances. The conditions proposed were considered appropriate and proportionate in the circumstances and would ensure that the licensing objectives were promoted. Further reassurance was also provided by the conditions, which ensured that there were no takeaways after 23:00 hours from the Premises and that off sales would be restricted to those areas shown on the plan only. Condition 11(b) was amended as discussed above and a slight amendment to condition 9 was also made so that the supply of alcohol in the studio area was to persons attending fashion, creative and entertainment events or promotions. Finally, it was agreed to adopt EH’s proposed condition requiring all alcohol located in retail areas to be locked behind grilles outside of the hours authorised for its sale. It was recognised that the local area did have street drinking issues and therefore the Sub-Committee was of the opinion that this condition was appropriate for the location.

 

The Sub-Committee was pleased to note that the packaging used by the Premises would be environmentally friendly and welcomed the assurance from the Applicant that there would be no shisha provided at the Premises.

 

The Sub-Committee carefully considered the concerns expressed by Environmental Health, the Police and one local resident and took the view that 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 and therefore granted the application accordingly.

 

2.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

Seasonal variations / Non-Standard Timings:

 

From the end of permitted hours on new Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 12:00 – 00:00.

 

 

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).

 

3.

Hours Premises Are Open to the Public

 

Monday to Thursday: 07:30 to 00:00

Friday to Saturday: 07:30 to 00:30

Sunday: 07:30 to 23:00

 

Seasonal variations / Non-Standard Timings:

 

From the end of permitted hours on new Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 07:30 – 00:00.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the application but restricted the opening hours to core hours.

 

 

 

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 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 supply of alcohol at the premises shall only be to:

 

i.       Persons seated taking a table meal and for consumption by such a person as ancillary to their meal in the area marked Restaurant and Bar on the plans;

 

ii.      Notwithstanding part (i) the following may consume alcohol without food or being seated;

 

1) 35 persons at any one time in the Bar; or

 

2) For use by persons providing fashion, creative and entertainment industry events or promotions in the area marked Studio and Breakout Area on the plans provided; and

 

3) Persons attending a pre-booked function for which a suitable and sufficient Event Management Plan has been drawn up prior to the event.

 

10. An Event Management Plan for each event must be made available on request to the Responsible Authorities, kept for at least one year and must contain information and assessments on at least the following aspects where relevant:

 

i.       Responsible persons including at least one person with management responsibilities of the licence holder

ii.            Safe Capacity (should never be more than (350)

iii.           Stewarding and Emergency Evacuation Plans

iv. Temporary structures (including obtaining any temporary structures licence where necessary)

v. Safe use of any special effects eg laser, smoke and fog generators, flames, pyrotechnics, strobe lighting, etc vi. Noise Management Plan

 

11. All sales of alcohol for consumption off the premises shall be:

 

a) in sealed containers only and shall not be consumed on the premises; or

b) to persons seated taking a substantial table meal there and for consumption by such a person as ancillary to there meal in the courtyard area outside the retail grab and go kiosk marked on the plan.

 

12. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00.

 

13. 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.

 

14. 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

g) Any refusal of the sale of alcohol

h) Any visit by a relevant authority or emergency service

 

15. 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.

 

16. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

17. 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 authorized officer throughout the entire 31-day period.

 

18. 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 are open. This staff member must be able to provide a Police or authorized council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

19. 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.

 

20. 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.

 

21. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties.

 

22. 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.

 

23. 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.

 

24. 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.

 

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. No deliveries to the premises shall take place between (23.00) and (07.00) on the following day.

 

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

 

28. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (07.00) hours on the following day.

 

29. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (07.00) on the following day.

 

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

 

31. The number of persons permitted at any one time (excluding staff) in the in the area marked Restaurant and Bar on the plans shall not exceed 150 persons and when the premises is used for events 350.

 

32. 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.

 

33. Before the premises are open to the public under the licence, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the work carried out. Where minor layout changes have occurred during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

34. Unless agreed in writing with the Licensing Authority, no super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

 

35. No more than (15)% of the retail area (as hatched black on the plan) shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

36. In the retail area hatched black on the plan, here shall be no self service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

37. Sales of alcohol for consumption off the premises shall cease after 23:00. Notwithstanding this condition customers are permitted to take from the premises part consumed and re-sealed bottles of wine supplied ancillary to their meal.

 

38. Tables and chairs in the external seating area shown on the plan shall be either removed or rendered unusable after 23:00.

 

39. 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 in the retail areas as hatched black on the plan (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: