Agenda item
17 Knightsbridge Green, SW1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
Knightsbridge and Belgravia Ward / not in cumulative impact area |
17 Knightsbridge Green, SW1 |
New |
16/14239/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 2
Friday 3rd March 2017
Membership: Councillor Tim Mitchell (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health, 2 Ward Councillors, 17 other objections to application.
Present: Mr Abbas Khalife (Applicant Company), Ms Ayesha Bolton (Environmental Health “EH”), Mr Robert Botkai (Solicitor, representing Knightsbridge Resident Management Company Limited), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing Knightsbridge Association) and Mr Robert Hays (Managing Agent, 10 Lancelot Place).
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17 Knightsbridge Green, SW1 16/14239/LIPN
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1. |
Late Night Refreshment (Indoors) |
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Monday to Sunday 23:00 to 03:00
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Amendments to application advised at hearing: |
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Mr Khalife clarified that it was intended that the late night refreshment (indoors) included takeaway on the ground floor.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee initially heard from Ms Lawrance, the Presenting Officer. The Sub-Committee was advised that the original application had failed to name the Designated Premises Supervisor (‘DPS’). Mr Khalife had now indicated to the Licensing Service that he would be the DPS.
The Sub-Committee then heard from Mr Khalife. It was stated that he had been responsible for the premises for the previous two years and there had been no issues with local residents. The first floor was currently being operated as an Italian restaurant. An opportunity had arisen to extend the first floor area and this additional area would be used as a family restaurant serving modern Lebanese food. Mr Khalife commented that there are no tables and chairs outside and no live or recorded music is played at the premises.
The plans were discussed. Mr Khalife informed those present that there would be lebanese food available for takeaway on the ground floor. This could be ordered either online or by phone. There were kitchen facilities on both the ground and first floors of the premises.
The Sub-Committee was addressed by Ms Bolton on behalf of the Council’s EHService. It was submitted that the hours for both on and off-sales being in keeping with the Council’s Core Hours policy, except for Sundays. It was stated that EH had no objections to the restaurant aspect of the application on the first floor. The only reservations were in relation to the proposal for takeaway of hot food and hot drink until 03:00. Ms Bolton made the point that she had discussed this matter with Mr Khalife and he had told her that the takeaways would be delivered to customers’ homes and this process would be well controlled. It was stated that EH had proposed conditions in order to address any public nuisance or public safety concerns and prevent litter and odours. Ms Bolton added that the Council had no recorded noise complaints relating to the premises. The view from EH was that most of the premises faced the main road (Brompton Road), away from the residents. EH were therefore not concerned about noise emanating from the premises, particularly as the Applicant had not applied for regulated entertainment and there were no designated outside areas.
The Sub-Committee asked EH about the potential for noise breakout from the entrance. The Sub-Committee was advised that most of the street at the front of the premises is pedestrianised. However, 17 Knightsbridge Green is located nearer the junction at the end of the street and in the view of EH was facing more towards the main road. The Applicant had agreed EH’s proposed conditions.
Mr Wroe provided the Sub-Committee with some advice on the proposed conditions. He had not observed that there were any conditions which restricted the sale of alcohol on the ground floor. It could therefore in theory operate as a vertical drinking bar albeit within Core Hours except for Sunday. Whilst 17 Knightsbridge Green had been referred to as a restaurant and condition 9 in the report was the Council’s model restaurant condition, MC66 including that takeaway of hot food and hot drink would conclude at 23:00, the Applicant was requesting a terminal hour for takeaway of 03:00 on the ground floor seven days a week. It was confirmed that takeaway concluding at 23:00 had not been part of the application and that this had been included in the report in error.
The Sub-Committee asked for clarification on the significance of the application referring to late night refreshment (indoors) when takeaway had been applied for. Mr Wroe replied that whether late night refreshment was indoors or outdoors depended on whether or not provision was inside or outside the premises building. It was the Council’s view that the provision of late night refreshment (indoors) would permit takeaway and delivery.
The Sub-Committee was addressed by Mr Botkai, representing Knightsbridge Resident Management Company Limited. Mr Botkai stated that he had been very much under the impression that the application was for a restaurant, particularly as condition 9 in the report states that ‘the premises shall only operate as a restaurant’. He had not seen any reference in the application to the Applicant seeking late night takeaway and the written objection had not been made on this basis. Mr Botkai advised the Sub-Committee that his client would object strongly to the inclusion of any late night takeaway.
Mr Botkai queried why, if the Applicant was running a family restaurant, he was seeking to remain open until 03:00. This was of concern to his clients. They had no objection to the change of plans and improving the layout of the restaurant. Mr Botkai recommended that if the Sub-Committee was minded to grant the application it should limit the proposed hours for all licensable activities to be in keeping with the Council’s Core Hours policy. The opening hours should also be in keeping with Core Hours as it was a concern that customers could purchase alcohol and then continue to consume it until 03:00.
Mr Botkai referred to the issues with dispersal arising from the application. Mr Botkai stated that the application was encouraging people to stay at the venue until late at night or come from other venues where they may have been drinking. His client had experience of issues with late night venues creating noise including as a result of taxis arriving and leaving. There were also issues with deliveries and customers smoking outside. Mr Botkai believed that the licensing objectives would not be promoted. Residents would have their sleep adversely affected if the takeaway element of the application were to be granted until the requested hour. Mr Botkai observed that there were a large number of representations from local residents. Mr Botkai expressed the view that there should be a separate application for the takeaway as it had not been indicated to residents that the Applicant was seeking this.
Mr Brown, representing the Knightsbridge Association concurred with many of the points made by Mr Botkai. He said that the key concerns of his client were the proposed hours of the operation, the increased capacity which it was felt would have an impact on dispersal if the application was granted until the early hours of the morning and also takeaway including deliveries.
Mr Brown referred to the application form which had included a condition that the premises would only operate as a restaurant. He made the point that the application had therefore been advertised as a restaurant. Mr Brown was concerned that the Applicant had now agreed conditions with EH which required the first floor to operate as a restaurant but the ground floor would permit off-sales ancillary to a takeaway meal. Mr Brown expressed the view that the change to the condition in respect of the ground floor was moving outside the scope of the application.
Mr Brown stated that a terminal hour of 03:00 for deliveries was extremely late and inappropriate for the area given that it was also residential. There were a lot of residents in the vicinity of the premises as could be seen in the representations received objecting to the application.
Mr Hays addressed the Sub-Committee on behalf of residents of 10 Lancelot Place. Mr Hays stated that the residents at 10 Lancelot Place had similar concerns to those represented by Mr Botkai and Mr Brown. Mr Hays informed the Sub-Committee that the 10 Lancelot Place residents were content with the current premises licence granted in August 2016. However, a specific concern now was that if 17 Knightsbridge Green was granted later hours, particularly for takeaway, other licensed premises in the area such as Tattersalls Tavern and Zuma would also seek to extend their hours. Takeaway until the early hours of the morning would attract more people into the area, thereby undermining the licensing objectives. Mr Hays added that the residents at 10 Lancelot Place would have less concerns if the premises operated purely as a restaurant and did not provide late night takeaway.
Mr Wroe provided the clarification that the condition stating that ‘the premises shall only operate as a restaurant’ did not exclude takeaway. It was noted that in the application there was no reference to ‘no hot food or hot drink after 23:00’ which was included on the current licence. The Applicant was now only proposing that off-sales would be ancillary to a takeaway meal. It was also noted that the Applicant had now agreed proposed conditions with Environmental Health which separated the ground and first floors. Mr Botkai expressed the view that as there was no direct reference to the Applicant’s requirement for the premises to be anything other than operating as a restaurant the takeaway was outside the scope of the application.
The Sub-Committee, having carefully considered the application, granted Core Hours for on and off sales, late night refreshment that is not in the form of takeaway of hot food and hot drink (consumed in the restaurant on the first floor) and when customers were expected to leave the premises (a terminal hour of 23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 Sunday). The Sub-Committee for the record did not permit takeaway after 23:00. The Council’s model restaurant condition, MC66, was applied by the Sub-Committee to the entire premises and no distinction was made between the ground and first floor areas.
In reaching this decision, the Sub-Committee Members shared the concerns of the local residents based on the oral and written evidence. 17 Knightsbridge Green is located in a residential area as could be seen from the number of residents who had made representations objecting to the application. The Sub-Committee considered that late night activity was likely to lead to issues caused by customers dispersing from the premises. If the premises closed at Core Hours, this was less likely to disturb local residents. The Sub-Committee also considered that takeaway and off-sales being available until the early hours of the morning would attract people to the area and potentially undermine the licensing objectives, in particular the public nuisance licensing objective.
The Sub-Committee had concerns regarding deliveries taking place until the early hours of the morning and having the potential to cause disturbance to local residents.
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2. |
Sale by Retail of Alcohol (On and Off) |
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Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 12:00 to 23:30
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted Core Hours for on and off sales of alcohol (see reasons for decision in Section 1).
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3. |
Hours premises are open to the public |
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Monday to Sunday 06:00 to 03:30.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee decided that the premises would be open to the public within Core Hours. It would therefore be closed to the public at 23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday.
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4. |
Seasonal variations / non-standard timings |
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Late Night Refreshment (Indoors), Sale by retail of alcohol (On and Off) and Hours premises are open to the public
From the end of New Year’s Eve to the start of hours on New Year’s Day.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted Core Hours for late night refreshment that was not takeaway, on and off-sales of alcohol and for the opening hours. Late night refreshment in the form of takeaway of hot food and hot drink was not permitted after 23:00. |
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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 sub-paragraph 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.
Additional Conditions
9. Staff are to be trained regularly on licensing provisions and the training is to be documented.
10. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
11. 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 to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.
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, which will record the following:
a. all crimes reported to the venue b. all ejections of patrons c. any complaints received d. any incidents of disorder e. any faults in the CCTV system f. any visit by a relevant authority or emergency service g. any refusal of alcohol.
13. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
14. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
15. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
16. The premises will have sound proofing to prevent noise and vibration being transmitted through the structure of the premises which give rise to a nuisance.
17. No deliveries to the premises shall take place between 23:00 hours and 08:00.
18. The premises licence holder will be able to provide details of a minicab service to customers between the hours of 23:00 and 03:30, if such a service is required.
19. 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 driving licence, passport or proof of age card with PASS hologram.
20. Staff shall use the incident log to record details of instances where staff have refused a customer thought to be underage.
21. No licensable activities in this application for a new premises licence shall take place at the premises until the current premises licence (premises licence number 16/05956/LIPN or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
22. The number of persons permitted in the premises at any one time (including staff) shall not exceed: · Ground Floor 10 persons. · First Floor 60 persons
23. 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 or alcohol after 23.00, and (v) where alcohol shall not be sold or supplied for consumption on the premises, 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.
24. Sales of alcohol for consumption off the premises shall be in sealed containers only and shall only be supplied with, and ancillary to a take-away meal.
25. 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.
26. All windows and external doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons.
27. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
28. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
29. 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.
30. No licensable activities shall take place at the premises until the premises has 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.
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