Agenda item - Ole & Steen, Charing Cross Road, London, WC2H 0NE

Ole & Steen, Charing Cross Road, London, WC2H 0NE

Meeting of Licensing Sub-Committee (4), Thursday 20th September, 2018 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ West End Cumulative Impact Area

Ole & Steen, Charing Cross Road, London, WC2H 0NE

New Premises Licence

18/08730/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20^th September 2018

Membership: Councillor Karen Scarborough (Chairman), Councillor Jim Glen and Councillor Aziz Toki

Legal Adviser: Wilda Haddad

Policy Adviser: Kerry Simpkin

Committee Officer: Tristan Fieldsend

Presenting Officer: Michelle Steward

Daisy Gadd

Relevant Representations: The Licensing Authority, Environmental Health, the Covent Garden Community Association and one local resident.

Present: Mr James Anderson (Solicitor, representing the Applicant), Mr Alistair Gordon (Representing the Applicant Company), Ms Roxanna Haq (Licensing Authority), Mr Maxwell Koduah (Environmental Health) and Mr David Kaner (Covent Garden Community Association)

Ole & Steen, 51 Charing Cross Road, London, WC2H 0NE (“The Premises”)

18/08730/LIPN

Late Night Refreshment - Indoors

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

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 Danish Bake UK Ltd for a new premises licence in respect of Ole & Steen, 51 Charing Cross Road, London, WC2H 0NE.

The Licensing Officer introduced the application to the Sub-Committee.

Mr Anderson, representing the applicant, explained that the concept of the premises was to operate as a Scandinavian bakery/café. Nine other premises already operated in the UK, three of which were located in Westminster. The premises operating in St James’s, Westminster, had been open for eighteen months and had operated to core hours in a Cumulative Impact Area (CIA) without any issues arising. The St James’s premises was considerably larger than the application before the Sub-Committee.

Mr Anderson advised the Sub-Committee that a number of conditions had been agreed with the responsible authorities. Whilst it had not been agreed to include the model restaurant condition on the licence however, it would be conditioned so that any customers consuming alcohol on the premises had to be seated and the sale of alcohol would be ancillary to customers purchasing food. It was proposed not to include the model restaurant condition on the licence as the premises was a more casual dining experience in that customers would be served at a counter and then have an approximate dwell time of 20 to 25 minutes. Alcohol would only form a small part of the operation and the applicant was content that a condition be added to the licence requiring the sale of alcohol to be ancillary to the premises operating as a Scandinavian bakery/café. A limited range of alcohol would be available and at other premises, it only formed 3.6% of overall sales. Mr Anderson also confirmed that no draught beers would be available.

In terms of the Council’s Statement of Licensing Policy (SLP) Mr Anderson explained that the hours for the sale of alcohol were within core hours. There was also no outside seating at the premises and any deliveries would take place at the rear of the property. The Sub-Committee was advised that only two issues of contention remained. One centred on the capacity of the premises, the applicant was seeking a capacity of 80 persons; however, Environmental Health (EH) wanted to limit it to 60 due to the number of toilets available. It was felt that due to the short customer dwell time and the fact customers were likely not to be drinking alcohol, extending the capacity to 80 would not be an issue. The second issue related to off sales of alcohol for delivery to customers. The applicant was seeking the option to provide deliveries but agreement could not be reached with the Covent Garden Community Association on the wording of the condition to prevent public nuisance from occurring.

In response to a question from the Sub-Committee Mr Anderson advised that the application would not add to cumulative impact. This was due to the nature of the operation and the fact that the applicant was a proven operator who had demonstrated that they could operate a premises within a CIA without any problems occurring. The supply of alcohol for consumption on the premises would be to those people seated, taking a table meal only and the actual percentage of alcohol sales formed only a very small faction of the business. The applicant would also be happy for the capacity to be conditioned to a maximum of 80 seated persons. In terms of off sales of alcohol, this had been applied for in order to provide an option for a delivery service to take place. All off sales would be sold in sealed containers and had to be ancillary to customers purchasing a takeaway meal, customers would not be allowed to purchase alcohol only and then consume it on the street.

Mr Koduah, representing Environmental Health, confirmed that he had discussed with the applicant the capacity of the premises. Mr Koduah explained that using the relevant guidance the current proposed toilet provision of one female, one male and one disabled access toilet only permitted a maximum capacity of 60 persons on the premises. For the premises to permit 80 persons, the guidance required there to be two female and one male toilet. In response to a question, Mr Koduah confirmed that if all the toilets were made unisex then this would meet the requirements. Mr Anderson confirmed that the toilets could be designated as unisex. As such, the Sub-Committee noted that the proposed capacity condition would be amended to a maximum of 54 persons on the ground floor and 26 on the first floor if the application was granted.

Ms Haq, representing the Licensing Authority, explained that the applicant had accepted most of the conditions suggested by the responsible authorities, theis included making sales of alcohol ancillary to the premises operating as a Scandinavian bakery/café. As such, it was for the Sub-Committee to decide if the application would add to cumulative impact.

Mr Kaner, representing the Covent Garden Community Association, confirmed that nearly all the conditions had been agreed with the applicant. This included ensuring the supply of alcohol was ancillary to the premises operating as a Scandinavian bakery/café. However, the premises was located within a residential area and agreement could not be reached on a condition relating to the operation of delivery services. The condition proposed by the applicant required a delivery procedure to be in place however, there were no safeguards in place if the deliveries did create any nuisance to residents. The CGCA therefore wanted a condition to be added to the licence that was clearly enforceable.

Following a discussion over waste collection from the premises the applicant agreed that a proposed condition be amended so that all waste would be required to be placed out at the rear of the premises for collection.

After careful consideration, the Sub-Committee agreed to grant the application. The Sub-Committee was satisfied that the nature of the operation and the conditions offered by the applicant, and imposed by the Sub-Committee, were restrictive enough to ensure that the premises would not add to cumulative impact in the CIA. In particular, a condition requiring the supply of alcohol to be ancillary to the premises operating as a Scandinavian bakery/café provided assurances that it could not operate as something different to what was granted in the future. In addition, whilst it was recognised that the full model restaurant condition would not be imposed on the licence, conditions of a restaurant nature would be applied. These included ensuring that on sales of alcohol would be only to those customers seated and taking a table meal only. These conditions provided reassurance that the application would not become alcohol-led or permit vertical drinking. In addition, off sales could only be sold in sealed containers to customers having a takeaway meal, thereby preventing customers from purchasing alcohol only and consuming it on the street. To provide further safeguards however and prevent any potential public nuisance the Sub-Committee agreed to restrict the terminal hour for sales of hot food, hot drink or alcohol for consumption off the premises to 23:00. Concerning a condition regarding deliveries the Sub-Committee agreed that the proposed CGCA condition be imposed. The impact of food delivery operators on local residents was a cause for concern and therefore imposing an enforceable condition on the licence requiring the applicant to be responsible for ensuring deliveries from the premises did not create a disturbance was considered important. The Sub-Committee also had regard to the experience of the operator along with the fact that they had been operating similar, but larger, premises already within the West End CIA without any reported issues arising.

Having heard all the evidence (with consideration being given to the representations received from a local resident), the Sub-Committee was satisfied that the licensing objectives would be upheld and promoted, the application was suitable for the local area and would not add to cumulative impact.

Sale by Retail of 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

Amendments to application advised at hearing:

The Sub-Committee granted the application but reduced the terminal hour for off sales of alcohol between Monday and Sunday to 23:00 hours.

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

The Sub-Committee granted the application (see reasons for decision in Section 1).

Hours Premises are Open to the Public

Monday to Thursday: 06:30 to 23:30

Friday to Saturday: 06:30 to 00:00

Sunday: 06:30 to 22:30

Amendments to application advised at hearing:

None.

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

The Sub-Committee granted the application (see reasons for decision 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 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. No noisegenerated onthe premises,orby itsassociated plantorequipment, shallemanate fromthepremises norvibration betransmitted throughthe structureofthepremises whichgivesrise toa nuisance.

10. There shallbe nosales ofhotfood orhot drink or alcohol for consumptionoff thepremises after23.00.

11. All salesof alcoholfor consumptionoff thepremises shallbe insealed containersonly,andshall notbe consumedon thepremises.

12. Salesof alcoholfor consumptionoff thepremises shallonly besupplied with,and ancillaryto atake-away meal.

13. Thesupply ofalcohol atthe premisesshallonlybe toa personseated takinga tablemeal therefor consumptionby sucha personas ancillaryto theirmeal, and shallbe byway ofwaiter/waitressor barcounter staffservice.

14. Substantial food andnon-intoxicating beverages,includingdrinking water,shall beavailableinall partsof thepremises wherealcoholissoldorsupplied forconsumption onthepremises.

15. During the hoursof operationof thepremises, thelicence holdershall ensuresufficient measuresare inplace toremove andpreventlitteror wastearising oraccumulating fromcustomers, andthat thisarea shallbe sweptand orwashed,andlitterand sweepingscollected andstored inaccordance withthe approvedrefuse storagearrangements bycloseof business.

16. A recordshall bekept detailingall refusedsalesof alcohol.The recordshould includethe dateandtime oftherefused saleand thenameofthe memberof staffwhorefused thesale. Therecord shallbe availablefor inspectionat thepremises bythe policeoran authorisedofficer oftheCity Councilat alltimes whilstthe premisesisopen.

17. Thepremises shallinstall andmaintain acomprehensive CCTVsystem aspertheminimum requirementsof theWestminster PoliceLicensingTeam.Allentry andexit pointswillbe coveredenabling frontalidentification ofevery personentering inany lightcondition. TheCCTV systemshallcontinually recordwhilst thepremises isopen forlicensableactivitiesand duringall timeswhencustomers remainonthe premises.All recordingsshall bestored fora minimum periodof 31dayswithdate andtimestamping. Viewingof recordingsshall bemade availableimmediately uponthe requestofPolice orauthorised officerthroughoutthe preceding31 dayperiod.

18. A staffmember fromthepremises whoisconversantwiththe operationof theCCTVsystem shallbe onthe premisesat alltimes whenthepremises areopen. Thisstaff membermust beableto providea Policeorauthorised councilofficer copiesof recentCCTV imagesor datawiththe absoluteminimum ofdelaywhen requested.

19. A Challenge21 proofof agescheme shallbe operatedatthepremises wherethe onlyacceptable formsofidentificationare recognisedphotographicidentification cards,such asa drivinglicence, passportorproof ofagecard withthePASS Hologram.

20. Patrons permitted totemporarily leaveand thenre-enter thepremises, egtosmoke,shallnotbe permittedtotakedrinksor glasscontainers withthem.

21. There shallbe noself serviceofalcohol.

22. Anincidentlog shallbe keptatthe premises,andmade availableon requestto anauthorised officerof theCity Councilor thePolice,which willrecord thefollowing:

(a) all crimesreportedtothe venue

(b) all ejectionsof patrons

(d) anyincidents ofdisorder

(e) all seizuresof drugsor offensiveweapons

(f) anyfaultsinthe CCTVsystem orsearchingequipment orscanning equipment

(g) anyrefusal ofthesale ofalcohol

(h) anyvisit bya relevantauthority oremergency service.

23. Clearly legible notices shall be displayed at the exit requesting patrons to respect the needs of local residents and to leave the premises and area quietly.

24. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

25. (a) All waste shall be properly presented and placed out for collection at the rear of the premises no earlier than 30 minutes before the scheduled collection times; and

(b) No waste will be put out on the highway directly in front of the premises.

26. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

27. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

28. No licensable activities shall take place at the premises until the premises have 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.

29. The number of persons to be seated in the premises at any one time (excluding staff) shall not exceed

Ground Floor – 54

First Floor - 26

30. The Sale of alcohol and Late Night refreshment authorised by the this licence will at all times be ancillary to the use of the premises as a Scandinavian style Café Bakery with a majority of its service to seated customers.

31. All windows and external doors shall be kept closed after 22:00 hours except for the immediate access and egress of persons.

32. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20:00 hours and 08:00 hours on the following day.

33. Where the supply of alcohol includes delivery to the customer, the licence holder shall ensure that specific procedures are in place and that the activity does not cause a nuisance at or near to the premises.

Supporting documents:

LSC Report - Ole & Steen, 51 Charing Cross Road, item 2. PDF 3 MB