Agenda item
North Audley Canteen, 1 North Audley Street, London, W1K 6ZP
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
West End Ward /not in cumulative impact area |
North Audley Canteen, 1 North Audley Street, London, W1K 6ZP |
Premises Licence Variation |
18/04306/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday 28th June 2018
Membership: Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Kerry Simpkin
Committee Officer: Tristan Fieldsend
Presenting Officer: Shannon Pring
Relevant Representations: The Licensing Authority, Environmental Health, Two residents Opposed to the Application and One Resident in Support of the Application.
Present: Mr Alun Thomas (Solicitor, representing the Applicant), Mr Gabriel Cohen and Mr Jeremey Coste (Applicants) and Sally Fabbricatore (Environmental Health).
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North Audley Canteen, 41 North Audley Street, London, W1K 6ZP (“The Premises”) 18/04306/LIPV
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1. |
Regulated Entertainment
Licensable Area
Non-Standard Timings
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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 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Officer provided an outline of the application to the Sub-Committee and confirmed that the Metropolitan Police had withdrawn their representation following the agreement of conditions with the Applicant.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. It was also proposed to update the condition relating to permitted hours on New Year’s Eve. The Council’s Legal Adviser queried if the applicant would be happy to accept the model New Year’s Eve condition. Mr Thomas confirmed that the applicant was satisfied for this to be updated accordingly.
Finally, Mr Thomas advised that the third aspect of the application was to include an external seating space within the licensed area as this area was not part of the public highway and consisted of a private forecourt. The Sub-Committee clarified to the applicant that 800mm of the proposed external area, where the planters would be situated, did form part of the public highway. Mr Thomas noted this and agreed to seek further clarification. Mr Thomas advised that the main contention with the private forecourt was that the planning permission permitted the use of tables and chairs within it until 23:30 hours, whereas the Council’s licensing model condition requested tables and chairs in the outside area to be rendered unusable after 23:00 hours. It was a matter for the Sub-Committee to decide if the extra thirty minutes would create a disturbance. In response to a question from the Council’s Legal Adviser, Mr Cohen confirmed that the capacity of the external area was nine, excluding staff, and was content for this capacity to be appropriately conditioned.
Mrs Fabbricatore, representing Environmental Health (EH), confirmed that their main area of concern related to the use of tables and chairs in the external area after 23:00 hours. The Sub-Committee was requested that this be restricted in line with the Council’s model condition to 23:00 in order to reduce any potential disturbance to residents. It was confirmed that no complaints had been submitted to EH against the Premises. A site visit had also been undertaken and the Premises did consist of a restaurant layout. There were no other issues relating to public nuisance or public safety.
In response to questions from the Sub-Committee the applicants confirmed that it was not proposed to offer a delivery service from the Premises. Mr Cohen also detailed the Premises plans and clarified that the bar servery was located on the ground floor. No vertical drinking would be permitted at the bar with all drinks served to the customers tables.
After considering all the evidence, the Sub-Committee agreed to grant the application. It was recognised that whilst the hours requested for licensable activities were in line with the Council’s core hours policy, Monday to Saturday, the opening hours requested were thirty minutes beyond this. The Sub-Committee noted however that the applicant was experienced and had operated the Premises, without any issues, for five years. Whilst the model restaurant condition was not attached to the licence the Premises did appear to be laid out as a restaurant, as evidenced by EH’s site visit, and this provided reassurance that it was not likely to become a drink-led venue. Therefore, the extension in hours for licensable activities to core hours Monday to Saturday with opening hours thirty minutes beyond this were considered appropriate.
With regard to the hours requested on Sundays, the Sub-Committee did express concern as Sunday was considered different to other days of the week and was one day when residents could expect further protection from any disturbance. The proposed earlier hour of 10:00 was considered acceptable as the sale and consumption of any alcohol would be ancillary to the customer taking a table meal. The proposed extension in the terminal hours was not accepted however and would remain at 22:30 hours for sale by retail of alcohol with a terminal hour for closing of 23:00 hours. This was considered appropriate in order to try and minimise any potential disturbance to local residents.
The Sub-Committee gave careful consideration to including the external seating space within the licensed area. The limited size of the external area and the fact the applicant was content for its capacity to be restricted to a maximum of nine customers all provided safeguards that it would not become a source of disturbance. The Sub-Committee noted that planning permission permitted its use until 23:30 but to provide protection for residents the Sub-Committee felt it appropriate to condition this area to ensure all tables and chairs within it would be rendered unusable after 23:00 hours. The Sub-Committee was therefore of the opinion that including this space within the licenced area, with the restrictions imposed, was appropriate in the circumstances.
The Sub-Committee considered that the conditions proposed were appropriate and proportionate and would ensure that the licensing objectives were upheld and promoted. The Sub-Committee also recognised that the Premises was not located within a CIA. Having heard all the evidence (with consideration also being given to the written representations received from the three local residents), the Sub-Committee was satisfied that the application was suitable for the local area, addressed residential concerns and promoted the licensing objectives.
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2. |
Late Night Refreshment – Indoors and Outdoors
Licensable Area
Seasonal Variations/Non-Standard Timings
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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 application was granted, the reason for the decision is detailed in section 1.
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3. |
Sale by Retail of Alcohol – On and Off Sales
Licensable Area
Seasonal Variations/Non-Standard Timings
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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 agreed to permit the hours requested except on Sundays where the hours for the sale of alcohol would be restricted to between 10:00 and 22:30. The reason for the decision is detailed in section 1.
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4. |
Hours Premises are Open to the Public
Licensable Area
Seasonal Variations/Non-Standard Timings
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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 agreed to permit the hours requested except on Sundays where opening hours would be restricted to between 10:00 and 23:00. The reason for the decision is detailed in section 1. |
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5. |
Layout Alteration
To amend the existing plan with the amended version, including: - Fixed seating - Bar counters - Private forecourt
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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 application was granted, the reason for the decision is detailed in section 1.
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5. |
Conditions Being Varied, Added or Removed
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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 application was granted, the reason for the decision is detailed 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.
Conditions Consistent with the Operating Schedule
9. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
10. Between 10:00 and midday on a Sunday, the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as 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. 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.
13. 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.
14. A Challenge 21 or 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.
15. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
16. 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.
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. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
19. 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.
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. All outside tables and chairs shall be rendered unusable by 23.00 each day.
22. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal, save for part-consumed resealed bottles of wine.
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, Save for within the external seating area.
24. There shall be no sales of alcohol for consumption off the premises on Monday to Saturday after 23.00 hours and on Sundays after 22:30 hours.
25. There shall be no self-service of alcohol.
26. The number of persons permitted to use the external seating area (excluding staff) shall not exceed 9.
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Supporting documents:
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