Agenda item
7-8 Eccleston Yard, SW1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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6. |
Warwick Ward / not in cumulative impact area |
7-8 Eccleston Yard, SW1 |
New Premises Licence |
17/13294/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 25th January 2018
Membership: Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Daisy Gadd
Relevant Representations: One Local Resident.
Present: Mr Alun Thomas (Solicitor, representing the applicant),Mr Duncan Watts (Applicant), and Mr Ioannis Alexopoulos (Local Resident).
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7-8 Eccleston Yard, Westminster, London, SW1W 9AZ (“The Premises”) 17/13294/LIPN
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1. |
Late Night Refreshment – Indoors
Monday to Wednesday: 23:00 to 23:30 Thursday to Saturday: 23:00 to 00:00
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Amendments to application advised at hearing:
None.
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The Sub-Committee considered an application by Curious Restaurants Limited for a new premises licence in respect of 7-8 Eccleston Yard, Westminster, London, SW1W 9AZ.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Mr Thomas, representing the applicant, explained that constructive discussions had been held with the local resident, Mr Alexopoulos, who had expressed concerns over the application. The following four mains areas of concern and how they would be mitigated included:
· The hours of operation – The Premises would operate within core hours except on Thursday where it was proposed to operate for thirty minutes longer. · External seating – All external furniture would be rendered unusable after 23:00 and this area would be located around the corner from Mr Alexopoulos’s property. · Smoking area – It was hoped this area would not have to be used as the proposed external seating arrangements would allow customers to smoke outside. The smoking area would also be located around the corner from Mr Alexopoulos’s property. · Servicing – To provide reassurances the applicant would accept a model condition to be added to the licence preventing any deliveries taking place at the Premises between 23:00 and 07:00 on the following day. In terms of removing waste, the Premises had an internal refuse facility to prevent disturbance to residents.
Mr Thomas also confirmed that a condition requiring the Premises to display signs requesting residents to leave the establishment quietly and respect local residents could be added to the licence if deemed appropriate. With regards to the management of the courtyard area the applicant would enter into discussions with the residents and Grosvenor Estates to ensure this was undertaken in a suitable manner.
In response to a question regarding whether options to install double glazing at the Premises had been assessed Mr Thomas explained that this was one of the issues that would be addressed with Mr Alexopoulos in their upcoming discussions. It was not being offered as part of the application to the Licensing Sub-Committee.
Mr Thomas highlighted that the Premises was not located within a Cumulative Impact Area (CIA) and therefore according to the Statement of Licensing Policy, subject to the Premises promoting the licensing objectives, the application would normally be granted. It was acknowledged that under licensing terms the Premises could be regarded as a drink-led establishment however its planning permission was for restaurant use and this was how it was intended to be operated. The restaurant model condition had not been offered as this was not an issue that had been raised by any of the responsible authorities or in the residential representation.
Mr Alexopoulos, a local resident, explained that he had no issues with the operation of a restaurant from the site or the hours proposed. However, at the time of the application he did have concerns over potential noise disturbance caused by customers leaving the Premises and through the servicing of the restaurant. He requested assurances that there would be sensible and effective management of the courtyard area. On-going discussions with the applicant were taking place and it was hoped any concerns raised would be addressed. The Sub-Committee urged constructive dialogue between all parties to continue. Mr Thomas confirmed that Mr Alexopoulos would be contacted by the applicant in order to address his concerns.
After careful consideration the Sub-Committee agreed to grant the application. It was noted that the proposed hours were within core hours and the Premises was not located within a CIA. The premises could potentially be drink-led which meant that the application could only be granted if it could be demonstrated that the proposal met the relevant criteria in the Council’s Statement of Licensing Policy. Concerns had been raised over the courtyard area however reassurance had been provided that the furniture located in the external area would be rendered unusable after 23:00. To ensure there was further control over this area and in order to protect residents, the Sub-Committee added a condition to the licence requiring notices to be prominently displayed on all exits requesting patrons to leave the Premises quietly. A condition would also be added prohibiting servicing of the Premises between 23:00 and 07:00 the following day and also requiring a direct telephone number to the manager be made available to residents in the local vicinity. The Sub-Committee agreed that those conditions proposed by the applicant and the additional conditions imposed by the Sub-Committee were appropriate and proportionate and would ensure the licensing objectives were promoted. The Sub-Committee was therefore off the opinion that due the nature of the operation, the constructive discussions taking place between all parties and the conditions in place any potential disruption to residents would be minimised. The Sub-Committee therefore granted the application accordingly.
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2. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Wednesday: 11:00 to 23:30 Thursday to Saturday: 11:00 to 00:00 Sunday: 11:00 to 20:30
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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 Sub-Committee granted the application (see reasons for decision in Section 1).
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3. |
Hours Premises Are Open to the Public
Monday to Wednesday: 10:00 to 23:30 Thursday to Saturday: 10:00 to 00:00 Sunday: 11:00 to 22:30
Seasonal Variations/Non-Standard Timings:
The premises will be closed on Christmas Day, Boxing Day and New Years Day.
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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 Sub-Committee granted the application (see reasons for decision in Section 1).
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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 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.
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Conditions Consistent with the Operating Schedule
9. There shall be no sales of alcohol for consumption off the premises after 23:00.
10. All sales of alcohol for consumption off the premises shall be in sealed containers only.
11. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
12. 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.
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 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.
14. All outside tables and chairs shall be rendered unusable by 23:00 each day.
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. 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.
17. A Challenge 21 or Challenge 25 proof of age scheme shall operate 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 the PASS Hologram.
18. 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.
19. 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
20. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00.
21. 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.
22. 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.
23. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
24. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.
25. 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.
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Supporting documents:
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