Agenda and draft minutes

North Audley Canteen, 41 North Audley Street, London, W1K 6ZP (“The Premises”)

18/04306/LIPV

1.

Regulated Entertainment

Licensable Area

Non-Standard Timings

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 Double Five Hospitality Ltd for a variation of a premises licence in respect of North Audley Canteen, 41 North Audley Street, London, W1K 6ZP.

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Officer provided an outline of the application to the Sub-Committee and confirmed that the Metropolitan Police had withdrawn their representation following the agreement of conditions with the Applicant.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 Thomas, representing the applicant, advised the Sub-Committee that the applicants had operated the restaurant for five years during which there was no record of any complaints having being made against the Premises. The application was formed of three parts, an increase in hours, amendments to the conditions and the inclusion of an external space within the licensed area.

In terms of the hours sought the application was seeking to increase those for licensable activities to bring it in line with the Council’s core hours policy on Monday to Saturdays. It was also proposed to extend the hours for Sundays to between 10:00 and 23:00 although any alcohol consumed at this earlier Sunday hour would be ancillary to the customer taking a table meal. Mr Thomas advised that the Council’s Statement of Licensing Policy (SLP) generally granted applications which operated within core hours, although it was recognised that the application did intend for the Premises’ opening hours to extend thirty minutes beyond those permitted for licensable activities. Full restaurant conditions were not attached to the licence but the Sub-Committee was assured that the operation was one essentially of a restaurant. Mr Thomas also highlighted that the Premises was not located within a Cumulative Impact Area (CIA).

With regards to the amendments to the conditions Mr Thomas explained that it was proposed to update several of these to permit waste to be left at the front of the Premises and to reflect changes to the permitted hours.  ...  view the full minutes text for item 1.

Marks & Spencer, 169-173 Oxford Street, London, W1D 2JR (“The Premises”)

18/05212/LIPV

1.

Sale by Retail of Alcohol – On Sales

Licensable Area

Amendments to application advised at hearing:

The applicant advised that the application had been amended so that the sale of alcohol for consumption on the premises would cease at 20:00 hours.

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

The Sub-Committee considered an application by Marks & Spencer PLC for a variation of a premises licence in respect of Marks & Spencer, 169-173 Oxford Street, London, W1D 2JR.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that Environmental Health (EH) and the Metropolitan Police had withdrawn their representations following the agreement of conditions with the Applicant.

Mr Wallsgrove, representing the applicant, confirmed that the application was to vary the current licence to permit the sale of alcohol for consumption in the café on the first floor of the Premises. The Sub-Committee was advised that following concerns raised the application was amended so that the sale of alcohol for consumption on the Premises would cease at 20:00 hours. It was acknowledged that the Premises was located within a Cumulative Impact Area (CIA), however it could be considered an exception to policy on several grounds. Firstly, paragraph 2.4.17 of the Council’s Statement of Licensing Policy (SLP) recognised that premises such as cafes provided a significant food offer without the sale of alcohol being ancillary to food. The Premises did operate as a café, providing a significant food offer and required all customers to be seated. Due to the café style nature of the operation the applicant did not want a full restaurant condition to be attached to the licence. Secondly, Mr Wallsgrove highlighted that under paragraph 2.4.18 of the SLP it stated that applications for these types of premises, which could demonstrate that they would not add to cumulative impact, would generally be granted provided they operated within core hours.

Mr Wallsgrove explained that a significant hot and cold food offer would be available at the Premises at all times when alcohol was sold. Customers would always be seated and no vertical drinking would be permitted. The alcohol offer would be limited to single glass bottles of wine and on special occasions single glass bottles of prosecco. Several other retailers in close proximity to the premises provided a similar offer where alcohol could be consumed on the premises and this was becoming a significant part of  ...  view the full minutes text for item 3.

Co-Operative, 108 Westbourne Grove, London, W2 5RU (“The Premises”)

18/04834/LIPN

1.

Sale by Retail of Alcohol – Off Sales

Monday to Saturday: 08:00 to 23:00

Sunday: 10:00 to 22:30

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 Co-operative Group Food Ltd for a new premises licence in respect of Co-Operative, 108 Westbourne Grove, London, W2 5RU.

The Licensing Officer introduced the application to the Sub-Committee.

Mr Arnot, representing the applicant, explained that it was planned for the Premises to open as a Co-Op convenience store in October 2018. Formerly it traded as a Carluccio’s and the licence for that operation was still in place. It currently permitted the sale and consumption of alcohol on the Premises from 08:00 to 00:00 hours Monday to Saturday and 11:00 until 22:30 on Sundays. These hours were beyond what the applicant was seeking for the new operation. A restaurant style condition was attached to the existing licence but this only applied after 23:00 hours. Mr Arnot confirmed that if the Sub-Committee was minded to grant the application before it the existing licence would be surrendered in exchange.

The Sub-Committee was advised by Mr Arnot that the Premises would trade as a busy convenience store where it was hoped to also provide an alcohol offer. Alcohol sales would only account for approximately 15% of turnover, the Premises was not a dedicated off-licence and alcohol sales were ancillary to its function as a convenience store. The applicant was very experienced and was aware of how to build up good relations with local residents and the responsible authorities. A Risk Manager was in place to help resolve any potential issues which might arise and details were provided of the extensive training staff received in alcohol sales. Other safeguards included the installation of CCTV at the Premises both internally and externally, requiring all tills to have age prompts and ensuring all beer and wine displays were located at the rear of the property to try and prevent shoplifting. The store would also have three personal licence holders which meant it  ...  view the full minutes text for item 4.