Agenda item
The Frog, 35 Southampton Street, WC2
- Meeting of Licensing Sub-Committee (5), Thursday 4th May, 2017 10.00 am (Item 7.)
- View the background to item 7.
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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5. |
St James’s Ward / West End Cumulative Impact Area |
The Frog, 35 Southampton Street, WC2 |
New |
17/02037/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 4th May 2017
Membership: Councillor Peter Freeman (Chairman), Councillor Karen Scarborough and Councillor Shamim Talukder
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Yolanda Wade
Relevant Representations: The Licensing Authority
Present: Mr Jack Spiegler (Solicitor, representing the applicant), Mr Adam Handling and Ms Toria Ewart-Perks (Applicants) and Mr David Sycamore (Licensing Authority).
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The Frog, 35 Southampton Street, London, WC2E 7HE 17/02037/LIPN |
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1. |
Late Night Refreshment – Indoors
Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Midnight on Sundays immediately before Bank Holiday Mondays.
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Amendments to application advised at hearing:
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Adam Handling Ltd for a new premises licence in respect of The Frog, 35 Southampton Street, London, WC2E 7HE.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that Environmental Health (EH) had withdrawn their representation following discussions with the applicant. The premises was presently licenced however the current licence holder was untraceable and the licence was currently suspended following non-payment of the annual fee.
Mr Handling, the applicant, explained that he currently operated a restaurant in Shoreditch. He wished to expand his operations to Westminster to provide a more formal dining experience for customers then what was currently available at his other premises. He was the Chief Executive of the company and had been a head chef for thirteen years focussing on providing high quality food.
Mr Spiegler, representing the applicant, advised that the application was for a new premises licence which would effectively replace the existing premises licence. The existing licence authorised the sale of alcohol and late night refreshment beyond core hours and had no restrictions on recorded music or its capacity. There were two reasons why a new premises licence application had been submitted, i) There were substantial changes to the layout of the building, and ii) the landlord had applied to transfer the licence but the outgoing licence holder had not consented to that. Within the last week confirmation had been received that the transfer had been processed but it was not a licence that the applicant held and therefore was not in a position to surrender that licence. The application followed the planning permission granted and the advice provided by EH. Consultations had also been undertaken with the Covent Garden Community Association and they had not raised any concerns.
The proposed hours were within the Council’s core hours policy and the model restaurant condition would be attached to the licence. The Sub-Committee’s attention was also drawn to a limit on the capacity of the premises being introduced to limit the number of customers permitted in the premises (excluding staff) to 120. The proposals were far more restrictive than the licence currently in place. No objections had been received from local residents and the only representation was from the Licensing Authority and this was based on policy grounds only as the premises was located within a Cumulative Impact Area (CIA). RNT2 in the Council’s Licensing Policy stated that an application for a restaurant could be granted in a CIA if it could be demonstrated that it would not create any additional cumulative impact. The fact that the restaurant would operate within core hours and the conditions to be imposed on the licence, as agreed with EH, would be more restrictive demonstrated that it would not add to cumulative impact. Paragraphs 2.4.6 to 2.4.8 of the Council’s Licensing Policy set out exceptions to the CIA policy and it was felt that for the reasons explained the application before the Sub-Committee broadly met these exceptions.
Mr Sycamore, representing the Licensing Authority, explained that the premises had not been trading for a significant period of time. Therefore the application would result in 120 extra people being located with the CIA. The application did not have restaurant model condition 66 attached to the licence; however other conditions had been proposed which would ensure it operated as a restaurant.
The Council’s Policy Adviser queried why model condition 66 had not been included on the licence? Mr Spiegler explained that the conditions attached to the licence had been agreed in consultation with EH who had suggested attached model conditions 38 and 39 instead.
The Sub-Committee carefully considered the application and recognised that the premises was located within a CIA. However the proposals before the Sub-Committee would ensure the application would be more restricted than what was currently permitted on the licence. This included ensuring the premises would only operate within core hours and limiting the capacity of the premises to 120 persons. The proposed conditions would be far more restrictive and help ensure the restaurant would not add to the cumulative impact in the area. Concern was expressed that the restaurant model condition 66 had not been imposed on the licence and it was agreed to introduce this in place of model conditions 38 and 39. This would ensure the premises operated as a restaurant and all sales of alcohol would be ancillary to substantial table meals. This would provide further reassurance that the establishment would not be a drink-led premises and would uphold and promote the licensing objectives. The Sub-Committee stated that it was a well-constructed application which had been well thought through and was very clear. Due to the restrictions in place and the nature of the operation the Sub-Committee was of the opinion that the application would not add to the cumulative impact, would uphold the licensing objectives and as such it was therefore agreed to grant the application accordingly.
The Sub-Committee agreed to make the following changes to the proposed conditions on the licence:
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2. |
Recorded Music - Indoors
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Midnight on Sundays immediately before Bank Holiday Mondays.
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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 of Retail by Alcohol – On and Off Sales
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Midnight on Sundays immediately before Bank Holiday Mondays. |
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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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4. |
Hours Premises are Open to the Public
Monday to Thursday: 08:00 to 00:00 Friday to Saturday: 08:00 to 00:30 Sunday: 08:00 to 23:00
Seasonal Variations/Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
00:30 on Sundays immediately before Bank Holiday Mondays.
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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
(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 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.
10. Substantial 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.
11. There shall be no sales of alcohol for consumption off the premises after 23.00.
12. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
13. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed: Ground floor 70 persons; Basement 50 persons.
14. 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.
15. 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.
16. 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.
17. 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.
18. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
19. All windows and external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
20. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
21. 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.
22. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
23. 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.
24. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.
25. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.
26. 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.
27. 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.
28. 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.
29. 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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Supporting documents:
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