Agenda item - Avobar, 23 - 24 Henrietta Street, London, WC2E 8ND

Avobar, 23 - 24 Henrietta Street, London, WC2E 8ND

Meeting of Licensing Sub-Committee (4), Thursday 20th September, 2018 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward/ West End Cumulative Impact Area

Avobar, 23 - 24 Henrietta Street, London, WC2E 8ND

New Premises Licence

18/08115/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 Robert Botkai (Solicitor, representing the Applicant), Ms Liana Kazaryan (Applicant), Ms Roxanna Haq (Licensing Authority), Mr Anil Drayan (Environmental Health) and Mr David Kaner (Covent Garden Community Association)

Avobar, 23-24 Henrietta Street, London, WC2E 8ND (“The Premises”)

18/08115/LIPN

Sale by Retail of Alcohol – On Sales

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

Amendments to application advised at hearing:

The Sub-Committee was advised that the proposed hours for the sale of alcohol had been amended to between 10:00 and 22:00 Monday to Saturday and 12:00 to 22:00 on Sundays.

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

The Sub-Committee considered an application by Avobar Ltd for a new premises licence in respect of Avobar, 23-24 Henrietta Street, London, WC2E 8ND.

The Licensing Officer introduced the application to the Sub-Committee and confirmed that the application had been amended to reduce the terminal hour for the sale of alcohol.

Mr Botkai, representing the applicant, confirmed that the application had been amended to reduce the terminal hour for the sale of alcohol Monday to Sunday to 22:00 with the provision of off sales removed. The opening hours had also been amended so that the premises would close by 22:00 Monday to Sunday. The capacity of the premises had been agreed with Environmental Health (EH) and this would be a maximum of 40 customers in the basement and 90 overall, excluding staff. The Sub-Committee noted that the premises would provide a selection of healthy food and drink options. In terms of the proposed conditions, following discussions with the Covent Garden Community Association the recycling condition would be amended so that no waste or recyclable materials would be removed or placed in outside areas between 22:00 and 08:00 hours. The Sub-Committee also noted that the applicant had not proposed the model restaurant condition; however, a similar condition restricting the sale and supply of alcohol would be imposed. This would restrict alcohol to be consumed at tables, alcohol would be provided by waiter/waitress service only and served to those customers seated taking a substantial table meal. Mr Botkai explained that the full model restaurant condition had not been offered due to the nature of the operation, as customers would place their orders at a counter before being seated. In addition, the takeaway element of the full restaurant condition had been removed, as the provision of takeaway food would be an element to the application.

In response to a question from the Sub-Committee Mr Botkai explained that the premises was a food-led operation, which aimed to provide a limited range of alcohol. It was confirmed that no draught beer would be available. The Sub-Committee noted that the applicant had held constructive discussions with the Police following which the application had been amended to ensure the hours for the sale of alcohol were reduced to within core hours. It was recognised that the premises was located within a Cumulative Impact Area (CIA) but alcohol did not constitute a significant part of the operation. Sale of alcohol would cease by 22:00 and this provided reassurance that in future the premises could not operate as a drink-led establishment.

Mr Drayan, representing Environmental Health, confirmed that their representation was maintained, as it was not proposed to place the full model restaurant condition on the licence. Therefore, the Sub-Committee had to decide if what the applicant proposed was sufficient to ensure the premises would not add to cumulative impact. Concern was also expressed that customers would be able to purchase food for immediate consumption outside the premises. In response Mr Botkai highlighted that food sold for takeaway would be boxed up and not sold in open containers in order to allow customers to leave the premises and then find a suitable place to consume it.

Ms Haq, representing the Licensing Authority, confirmed that their representation was maintained, as the applicant had not offered the full model restaurant condition. It was a new premises licence application in a CIA and the Sub-Committee had to decide if it was likely to add to cumulative impact in the local area.

Mr Kaner, representing the Covent Garden Community Association, explained that their representation had been maintained, as they had been unable to view the operating schedule and the proposed conditions that were to be placed on the licence. Having viewed them the CGCA was content that with the amended hours and the proposed conditions the application would not add to cumulative impact.

After careful consideration, the Sub-Committee agreed to grant the application. The reduction in both the opening hours and the hours for the sale of alcohol to 22:00 was welcomed. Along with the withdrawal of off sales of alcohol from the licence, the Sub-Committee was of the opinion that these amendments would ensure that the premises would not add to cumulative impact in the local area. Whilst the full model restaurant condition would not be imposed, conditions which would ensure it operated in a manner similar to a restaurant provided reassurance that the premises would not become a drink-led venue permitting vertical drinking. The Sub-Committee was satisfied that the premises was a food-led establishment and the nature of the operation meant that the conditions proposed were appropriate and proportionate in the circumstances. Further conditions agreed restricting the capacity of the premises and detailing when recycling could take place would also help ensure that the licensing objectives were promoted and help protect the amenity of local residents. Having taken into account all the evidence, the Sub-Committee was satisfied that the application was suitable for the local area; had suitably addressed concerns raised and promoted the licensing objectives.

Hours Premises are Open to the Public

Monday to Saturday: 08:00 to 23:30

Sunday: 08:00 to 23:00

Amendments to application advised at hearing:

The applicant confirmed that the proposed hours the premises was open had been amended so that the terminal hour was now 22:00 Monday to Sunday.

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. 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.

10. 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.

11. 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.

12. All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of persons.

13. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

14. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

15. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 22:00 hours and 08:00 hours on the following day.

16. 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.

17. 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 or such other form of identification that complies with any mandatory condition that may apply to this licence.

18. 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

(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.

19. 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.

20. The sale and supply of alcohol for consumption on the premises shall be restricted to alcohol consumed at tables, shall be by waiter or waitress service, served only to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

21. The number of persons permitted in the premises at any one time (excluding Staff) shall not exceed: 40 in the basement and 90 overall in the premises.

Supporting documents:

Avobar - 23-24 Henrietta Street, item 3. PDF 2 MB