Agenda item - Honest Burgers, Ground Floor, 4 Meard Street, W1

Honest Burgers, Ground Floor, 4 Meard Street, W1

App

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / West End Cumulative Impact Area

Honest Burgers, Ground Floor, 4 Meard Street, W1

Variation

17/01564/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 4^th 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 Stephen Walsh Q.C. (Barrister, Representing the Applicant), Ms Lisa Inzani (Solicitor, Representing the Applicant), Mr Dorian Waite (Applicant) and Mr David Sycamore (Licensing Authority).

Honest Burgers, Ground Floor, 4 Meard Street, London

17/01564/LIPV

Layout Alteration

The applicant has applied to vary the layout of the premises to include the basement area for licensable activities. The ground floor layout will remain as existing.

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 Honest Burgers Ltd for a variation of a premises licence in respect of Honest Burgers, Ground Floor, 4 Meard Street, London.

The Licensing Officer provided an outline of the application and informed the Sub-Committee that the Metropolitan Police had withdrawn their representation following agreement of conditions with the applicant.

Mr Walsh, representing the applicant, explained that the application was seeking to authorise the use of the basement for licensable activities which would allow customers to consume alcohol with their food. The Sub-Committee was advised that Environmental Health (EH) had inspected the basement area and had indicated that it was suitable for use as a restaurant. The ground floor of the premises had been granted a licence before the Licensing Act 2003 had been implemented and this had been transferred to Honest Burgers in 2012. The capacity of the ground floor was currently unlimited, however EH had undertaken an assessment and advised that its capacity was approximately 100 persons. The applicant was not seeking to operate to the capacity though as it was purely a restaurant. The application was requesting that the whole premises, ground floor and basement, be conditioned and the capacity of the premises be restricted to 80 persons. Within the 80 persons the number of persons permitted in the basement would not exceed 28, excluding staff. Therefore it was suggested that the application would not increase the overall capacity of the premises. It was also proposed to add extra conditions to the licence to include restricting any noise generated, the removal of litter outside the premises and the installation of a CCTV system. Mr Walsh explained that there was a holding area located in the basement for approximately four customers who would wait whilst a table was cleared to ensure there was no waiting outside the premises.

Mr Walsh introduced the concept of the restaurant and how there was now a total of 23 open in the UK. The restaurant would sell a variety of burgers using the best fresh ingredients available. Customers would be shown to their table and there would be no fast food aspect to the operation as takeaways were not available. All food and drinks would be by waiter/waitress service and no vertical drinking would be allowed. It was explained that allowing 28 persons to use the basement would not add to the cumulative impact in the area as the premises was currently operating under an old licence whilst the proposed variation would strictly condition its use. The application would have a beneficial effect on the licensing objectives and this had been highlighted by the withdrawal of the representations received by the Police and EH. The nature of the operation was specifically food based with less than 30% of turnover arising from sales of alcohol. Due to the nature of the premises customers usually spent less time drinking alcohol than in a more traditional restaurant limiting any impact it would have on the local area. Overall the application would arguably reduce the capacity of the premises, the licence would be made more restrictive through the conditions proposed, including the addition of the restaurant condition (model condition 66), and these would ensure it did not add to, and would possibly reduce, the cumulative impact in the area.

Mr Sycamore, representing the Licensing Authority, acknowledged that the proposals would limit the capacity of the ground floor and demonstrate it wouldn’t add to the cumulative impact in the area therefore justifying the applicant’s claim it was an exception to policy. The hours were slightly outside the core hours policy but limiting the capacity over the two floors had shown that the cumulative impact aspect of the application had been considered.

In response to a question Mr Walsh confirmed that there were some residential properties in the vicinity but the application had been advertised in the correct manner without any concerns expressed by residents or any residential societies. The Sub-Committee was informed that the applicant had made significant efforts to ensure the premises was fully integrated into the local area.

The Sub-Committee carefully considered the application and noted that implementing a limit on the capacity of the premises would have the effect of reducing its cumulative impact on the local area. More restrictive conditions would also be placed on the licence to include ensuring no noise generated from the premises would cause a nuisance and requiring all litter and waste arising from customers outside the premises to be immediately removed. The Sub-Committee was of the opinion that these conditions would ensure the licensing objectives were upheld and the premises wouldn’t add to the cumulative impact in the area. Model condition 66 would also be added to the licence to ensure the premises would operate as a restaurant and this provided further reassurance to the Sub-Committee that the venue would not become either a drink-led or a fast food establishment. As such the Sub-Committee felt that the application was appropriate for the local area, would provide minimal disruption to residents and therefore granted the application accordingly.

The Sub-Committee agreed to update the following conditions on the licence:

Condition 9 be deleted from the licence.

· An additional condition be added to the licence to read “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) any visit by a relevant authority or emergency service.”

· An additional condition be added to the licence to read “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.”

An additional condition be added to the licence to read “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.”

· An additional condition be added to the licence to read “The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 80 persons, with no more than 28 persons permitted in the basement at any one time.”

· An additional condition be added to the licence to read “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.”

An additional condition be added to the licence to read “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.”

Model Condition 66 be added to the licence.

Conditions Being Varied, Added or Removed

Current:

The number of persons permitted in the basement at any one time (excluding staff) shall not exceed 28 persons.

Proposed:

To be added to the premises licence.

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.

To be added to the premises licence.

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.

To be added to the premises licence.

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.

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;

(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. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available with or otherwise as an ancillary to meals served in the licensed premises.

10. Alcohol may be sold or supplied:

(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 10:00 to 00:00;

(b) On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday: 12:00 to 23:30;

(d) On New Year's Eve, except on a Sunday, 11:00 to 23:00;

(e) On New Year's Eve on a Sunday, 12:00 to 22:30;

(f) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

NOTE - The above restrictions do not prohibit:

(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(b) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(e) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(g) the taking of alcohol from the premises by a person residing there;

(h) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(i) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

11. Alcohol shall not be sold or supplied unless the premises have been structurally and bona fide used, or intended to be used, for the purposes of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

12. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

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) any visit by a relevant authority or emergency service.

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. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 80 persons, with no more than 28 persons permitted in the basement at any one time.

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. 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.

Conditions attached after a hearing by the licensing authority

19. 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.

Supporting documents:

Honest Burgers Ground Floor 4 Meard Street W1, item 8. PDF 2 MB