Agenda item

Basement Of 3-5 Wardour Street, 3-5 Wardour Street, W1

App

No

Ward / Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

St James’s Ward / West End Cumulative Impact Area

Basement Of 3-5 Wardour Street, 3-5 Wardour Street, W1

New Premises Licence

17/00623/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 6th April 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Heather Acton and Councillor Susie Burbridge

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrance

 

Relevant Representations:    The Licensing Authority

 

Present: Mr Shuoguang Wang (Licensing Agent, representing the applicant), Mr Chi Hung Tang and Mr Patrick Ching (representing the applicant company) and Mr David Sycamore (Licensing Authority).

 

Basement of 3-5 Wardour Street, 3-5 Wardour Street, London, W1D 6PB

17/00623/LIPN

1.

On Sales by Retail of Alcohol

 

Monday to Saturday: 12:00 to 23:00

Sunday: 12:00 to 22:30

 

Seasonal Variations/Non-Standard Timings:

 

None.

 

 

Amendments to application advised at hearing:

 

 

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

 

The Sub-Committee considered an application by Coco Chino Ltd for a new premises licence in respect of Basement of 3-5 Wardour Street, London, W1D 6PB.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Police and Environmental Health had withdrawn their representations following the agreement of conditions with the applicant. No representations from local residents had been received.

 

Mr Wang, representing the applicant, explained that the application was for a Chinese restaurant with a capacity for sixty persons and would not be alcohol led. Restaurant conditions would be attached to the licence and the application was for hours that were well within the core hours set out in the Council’s policy. The applicant had tried to address concerns raised by the Licensing Authority however their officers had been on leave and subsequently an agreement could not be reached by the time of the hearing.

 

Mr Sycamore, representing the Licensing Authority, welcomed the addition of restaurant conditions to the licence and supported the conditions agreed with the Police and Environmental Health. However, the premises was located in a Cumulative Impact Area (CIA) and the applicant had to prove its application would not add to the cumulative impact in the area.

 

In response to a question Mr Wang confirmed that the premises had been vacant for a significant period of time.

 

The Sub-Committee acknowledged the nature of the premises as a restaurant and the restrictive conditions agreed with the Police and Environmental Health to ensure the premises would not be alcohol led. It was also recognised that the capacity of the premises would be limited to sixty persons. The Sub-Committee therefore considered that due to the nature of the operation and the conditions in place it would not add to cumulative impact in the area and would ensure the licensing objectives were upheld. The Sub-Committee therefore granted the application accordingly and also agreed to remove from the licence a section of condition 15 (f) which referred to scanning equipment as this was not considered appropriate for the licence.

 

2.

Hours Premises are Open to the Public

 

Monday to Saturday: 12:00 to 23:00

Sunday: 12:00 to 22:30

 

Seasonal Variations/Non-Standard Timings:

 

None.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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.

 

 

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.

 

  1. 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.

 

  1. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

  1. (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 nay 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 in 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.

 

Conditions Consistent with the Operating Schedule

 

9.    The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 60 persons.

 

10.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 for immediate consumption,

 

v.    which do not provide any take away service of food or drink after 23.00, and

 

vi.  where alcohol shall not be sold or supplied, 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.

 

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.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 a driving licence, passport or proof of age card with the PASS Hologram.

 

14.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.

 

15. 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.

 

16.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.

 

17.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.

 

18.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

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.Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

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

 

22.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.

 

23.No deliveries shall be made to the premises between 23:00 and 08:00 hours.

 

24.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.

 

 

Supporting documents: