Ward/ Cumulative Impact Area
Site Name and Address
Licensing Reference Number
West End Ward / West End Cumulative Impact Area
Soho Whisky Club, First Floor, 42 Old Compton Street, W1
Variation of a Premises Licence
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:Simone Murray
Relevant Representations: The Licensing Authority
Present: Ms Lana Tricker (Solicitor, representing the Applicant), Mr Malcolm Mullin (Applicant) and Miss Heidi Lawrance (Licensing Authority)
Soho Whisky Club, First Floor, 42 Old Compton Street, London, W1D 4TX (“The Premises”)
Conditions being Varied, Added or Removed
Amendments to application advised at hearing:
The Applicant advised that they were content for condition 11(b) to be amended so that the whisky tasting sessions would be restricted to between the hours of 10:00 and 20:00.
Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Donatel Freres Ltd for a variation of a premises licence in respect of Soho Whisky Club, First Floor, 42 Old Compton Street, London, W1D 4TX.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Ms Tricker, representing the Applicant, explained that the Premises was a family business that had been trading for over seventy years. The application was very modest and was only seeking to permit pre-booked whisky tasting sessions taking place at the Premises. It was also proposed to convert several of the conditions on the licence to the Council’s model conditions. The Sub-Committee was advised that the venue was not associated with any problems, had a small capacity of forty customers and was not seeking to change the hours for licensable activities. The application would allow customers to try the whisky before purchasing it and was simply seeking to offer an additional service to what was already provided. In terms of the management of tastings, they would have to be pre-booked by customers. Upon entering the Premises, they would be met by a member of staff and escorted to the upstairs area. Customers would be accompanied at all times and following the end of the session escorted out of the building. It was expected that two to four people would attend each session, which would last ninety minutes. The tasting sessions would cease at 20:00 hours. The Sub-Committee was informed that the Applicant was content for a condition to be added to the licence restricting the whisky tasting sessions to be ancillary to the Premises operating as a members club.
Mr Mullin, the Applicant, advised that most of the existing members entered the Premises at approximately 17:00 to 18:00 hours. As such, the tasting sessions were planned to primarily cater for customers before the club members entered the Premises.
Miss Lawrance, representing the Licensing Authority, confirmed that the Premises was located within a Cumulative Impact Area (CIA) and currently operated as a private members club. There was a capacity of forty at the Premises however concern was expressed that this could potentially permit forty people to partake in a single tasting session throughout the day. Whether this had the potential to change the character of the Premises away from a private members club was a matter for the Sub-Committee to decide. Further information was also sought on the management of the tasting sessions and how many were planned to be held. Finally, the Applicant had suggested that the tasting sessions would cease at 20:00 hours, however this was not conditioned on the licence and therefore they could potentially take place until 23:00 hours.
Ms Tricker advised that the tasting sessions would only form a small element of the operation and would therefore not alter the character of the Premises. It was expected that two to three sessions would be held each day, lasting for approximately ninety minutes, with five to six members of staff on duty at any one time. To provide the Sub-Committee with reassurance over the application the Applicant was content for a condition to be placed on the licence restricting the tasting sessions to a terminal hour of 20:00 hours. Miss Lawrance confirmed that the addition of the above condition on the licence addressed some of the concerns raised by the Licensing Authority.
The Sub-Committee carefully considered the Application and noted that whilst it was located in a CIA the Application was not seeking to extend its permitted hours for licensable activities or increase its capacity. It was noted that the Premises currently had a small capacity of forty and the Sub-Committee considered that permitting the tasting sessions would not alter the character of the Premises. The Premises would continue to operate as a private members club and this provided the Sub-Committee with reassurance that the venue would not become a source of disturbance. The model conditions proposed were considered appropriate and proportionate in the circumstances. The Sub-Committee was of the opinion that they would ensure that there would be no cumulative impact in the local area and would therefore promote the licensing objectives. A degree of concern was expressed that the tasting sessions would be permitted until 23:00 hours and as such, with the agreement of the Applicant, current condition 11(b) would be amended to restrict the tasting sessions to between 10:00 and 20:00 hours only. This and the other controls in place at the Premises including the display of notices and the operation of a CCTV system would ensure that there was an adequate level of control in place at the venue.
The Sub-Committee carefully considered the concerns expressed by the Licensing Authority but took the view that the style of operation and the conditions proposed to be appropriate and proportionate in the circumstances. After careful consideration 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.
Conditions attached to the Licence
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)
(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
10. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours
11.The premises shall operate:
(a) as a private members club; and
(b) between the hours of 10:00 and 20:00 for the purposes of whisky tasting by persons attending a pre-booked event where individual servings of alcohol for consumption on the premises shall be limited to:
(i) samples of 25ml maximum per serving and
(ii) five samples per customer per visit to the premises
12. There shall be no regulated entertainment at the premises except for the showing of film.
13. 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.There shall be no `Off’ sales of alcohol save for members and their guests or participants of the whisky tasting, purchasing alcohol in sealed containers for consumption off the premises.
15. The number of persons accommodated at any one time on the premises (excluding staff) shall not exceed 40 persons.
16. The external smoking area, as marked on the plan, shall only be used by patrons between 10am to 10pm on any given day. Persons temporarily leaving the premises onto the public highway along Old Compton Street for the purposes of smoking shall not take any drinks with them.
17.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
18.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.
19. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection time.
20.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.
21.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 authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
22. There shall be no cinema showing of films.
23. No person shall be admitted to membership of the said club without an interval of at least two days between membership and admission.
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.