Agenda item
10 Motcomb Street, SW1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
Knightsbridge And Belgravia Ward / not in cumulative impact area |
10 Motcomb Street, SW1 |
New Premises Licence |
17/08911/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 5
Tuesday 3rd October 2017
Membership: Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Yolanda Wade
Relevant Representations: 1 local resident.
Present: Mr Niall McCann (Solicitor, Representing the Applicant) and Mr Adam Quigley (Managing Director, Applicant Company).
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10 Motcomb Street, SW1X 8LA (“The Premises”) 17/08911/LIPN
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1. |
Late Night Refreshment (Indoors) |
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Monday to Thursday 23:00 to 23:30 Friday and Saturday 23:00 to 00:00.
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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 heard from Mr McCann, representing the Applicant. He stated at the hearing that the pub, the Alfred Tennyson, had been operating for many years on five floors of the Premises (basement, ground, first, second and third floors). His client had made an application for a change of layout as part of a refurbishment. This had specifically involved moving the bar area and the fire escape on the ground floor. When the variation application had been submitted in July 2017, licensing officers had contacted the Applicant to say there was no record of the floors other than the ground floor being licensed. The pub had been acquired in 2015 and the Applicant Company had believed that they were permitted to operate on the five floors of the Premises.
The Applicant had closed the Premises in July 2017 in order that the refurbishment minus moving the bar and the fire escape could be undertaken. The Applicant had now applied for a new premises licence which was the matter being considered by the Sub-Committee at the hearing. This included moving the bar area and the fire escape on the ground floor and being able to operate on the five floors. The Applicant had not withdrawn the variation application and had submitted a number of Temporary Event Notices in order to avoid operational difficulties, including having to take alcohol up from the ground floor when using the other floors.
Mr McCann referred to his discussions with Environmental Health and the Metropolitan Police regarding conditions. These included a proposed capacity condition which had been agreed with Environmental Health for the first, second and third floors of 60 persons, 15 persons and 35 persons respectively. The Responsible Authorities had subsequently withdrawn their representations.
Mr McCann advised the Sub-Committee that he had attempted to contact the local resident who was objecting to the application but had not received a response. He stated that there had been no history of complaints received against the Premises and there was no evidence to suggest that the application would not promote the licensing objectives. There would be benefits from the application as there would be up to date conditions imposed on the licence, if the Sub-Committee were minded to grant the application and there would be a smarter bar on the ground floor. Mr McCann added that there was no policy presumption against the application as the Alfred Tennyson is located outside of the Council’s designated cumulative impact areas.
Mr McCann was asked by the Policy Adviser for clarification of the hours on the existing premises licence. He replied that the terminal hour for the sale of alcohol on the existing premises licence was 23:00 Monday to Saturday with a closing time of 23:30. It was submitted that the Applicant was now applying for core terminal hours for licensable activities and was requesting some drinking up time for patrons. Mr McCann did not believe that the hours would change the style of the operation.
The Sub-Committee considered that it was appropriate to grant the application with core terminal hours (a terminal hour of 23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sundays) being permitted both in terms of the licensable activities and the closing time. The application was considered on its merits as the Premises is located outside of the Council’s designated cumulative impact areas. The Sub-Committee took the view that the conditions proposed by the Responsible Authorities and agreed by the Applicant promoted the licensing objectives and were thus appropriate and proportionate. These included that no noise would be permitted to emanate from the Premises nor vibration be transmitted through the structure of the Premises which gives rise to a nuisance. The Applicant had been operating on a number of floors at the Premises and there was no evidence to suggest that there would now be issues, including public nuisance, as a result of the Applicant operating until core terminal hours.
The Sub-Committee limited the hours the Premises would be open to the public to core terminal hours rather than permitting additional drinking up time as there was more potential for public nuisance to local residents later at night, particularly as a result of patrons dispersing. The local resident had objected to the application on these grounds, being of the view that ‘the proposed opening hours go on too late at night’. |
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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 10:00 to 22:30
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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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Granted, subject to conditions as set out below (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 Thursday 10:00 to 00:00 Friday to Saturday 10:00 to 00:30 Sunday 10:00 to 23:00
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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 terminal hours, including for the hours the Alfred Tennyson would be open to the public (see reasons for decision in Section 1).
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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), Hours premises are open to the public
From the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day.
Late Night Refreshment (Indoors)
Sundays immediately prior to Bank Holidays from 23:00 until 00:00
Sale by retail of alcohol (On and Off)
Sundays immediately prior to Bank Holidays from 10:00 until 00:00
Hours premises are open to the public
Sundays immediately prior to Bank Holidays from 10:00 until 00:30
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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 seasonal variations / non standard timings were granted, except that the premises would be expected to close to the public on Sundays immediately prior to Bank Holidays at midnight. There would be no drinking up time then. This is in keeping with the Council’s Core Hours policy.
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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. 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.
10. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.
11. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
12. 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.
13. 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 are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
14. An incident log shall be kept at the premises, and made available on request to an authorised officer of the 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 concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system or searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
15. 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.
16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
17. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
18. A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.
19. The maximum number of persons permitted in the premises (excluding staff) at any one time shall not exceed the following: First Floor – 60 persons Second Floor (small room) –15 persons Top Floor – 35 persons
20. 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.
21. 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.
22. 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.
23. 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 are open.
24. 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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service
25. All outside drinking shall cease at 23.00hrs
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Supporting documents:
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