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Agenda item

1 Westbourne Grove Terrace, London, W2 5SD

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Bayswater Ward/ Bayswater Cumulative Impact Area

1 Westbourne Grove Terrace

London

W2 5SD

New Premises Licence

18/04010/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18thOctober 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Relevant Representation:  Environmental Health, Licensing Authority, One Local Residents Group, three Local Residents and one Director of a company owning an interest in a local flat

 

Present:  Mr Alis Artash (Solicitor, representing the Applicant), Ahmet Taluy (Applicant), Roxsana Haq (Licensing Authority), Dave Nevitt (Environmental Health), John Zamit (SEBRA) and Bryan Thursfield (Local Resident).

 

 

1 Westbourne Grove Terrace, London, W2 5SD (“The Premises”) 18/04010/LIPN

 

1.

Sale by retail of alcohol: On sales

 

 

Monday to Sunday: 12:00 to 22:30

 

 

 

Amendments to application advised at hearing:

Monday to Sunday: 12:00 to 22:00, amended by Applicant

 

 

 

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

 

Ms Michelle Steward (Presenting Officer) confirmed that this was a new premises licence application within the Bayswater Cumulative Impact Area (CIA) and that Mr Artash would be representing Mr Taluy the Applicant.  Ms Steward informed the Sub-Committee that the Police had withdrawn their representation after agreeing conditions with the Applicant and that the Environmental Health Service and the Licensing Authority would be maintaining their representations.  Ms Steward further advised the Sub-Committee that one local resident’s group and three local residents had also made a representations and Mr John Zamit (SEBRA) and Bryan Thursfield were in attendance.

 

Mr Ahmet Taluy, (Agent, representing the Applicant) informed the Sub-Committee that his client had applied to sell rare whiskey and had taken note of the objections; however, he felt that the objectors had mistaken the business model with that of a bar.  Mr Taluy explained that the physical premises was mid- century with its original facia and that the premises had a calm ambience. He also advised that the premises would not sell or have any draft beer, wine or other spirits on display.  Mr Taluy informed the Sub-Committee that his client’s business model is to open one or two bottle of rare vintage whiskey every night for whiskey lovers to sample and learn about its history.  He felt that there was a gap in the market for a unique operation of this type.  Mr Taluy advised that he intends to host events each night, events would be advertised on social media and bottles of whiskey would be £300-400.  There will be 2-4 5mil samples and customers can choose one and receive one double drink.

 

Mr Taluy advised the Sub-Committee that he would be happy to accept any proposed conditions as discussed in his meeting with Mr Nevitt and would be happy to close at 22:30 even on Friday and Saturday, because his intention is not to be a night club, but a place for lovers of whiskey to appreciate rare vintage whiskey.  My Taluy explained that he also wanted to stock some fine ports and prosecco for guests that may not care for whiskey.  Mr Taluy advised that he intended to run Scottish whiskey master classes, once per month and that this was a small premises that could only accommodate 20 people which including members of staff.

 

Mr Dave Nevitt (Environmental Health) then addressed the Sub-Committee and commented that this was a small premises with basement access to the toilet, small kitchen and staff area.  Using the plan of the premises Mr Nevitt pointed out the entrance to the premises and that the premises was within the Cumulative Impact Area (CIA).  Mr Nevitt advised the Sub-Committee that conditions had been proposed to mitigate concerns, similar to MC66 where drink is ancillary to a meal.  Mr Nevitt felt that the main concern was finding suitable conditions to manage the whiskey tasting events, as he is unclear on the amount of events and suggested this could be addressed with Temporary Event Notices (TENs).  Mr Nevitt felt that if the events were to be included as part of the licence then suitable conditions should describe what the events are with limitations on the permitted numbers.

 

Mr Nevitt advised the Sub-Committee that he had submitted a list of model conditions that he felt were relevant.  Mr Nevitt went on to advise that the premises was located in a residential area and that he had discussed with the Applicant refuse collection and deliveries.  Mr Nevitt advised the Sub-Committee that no regulated entertainment would take place, however if alcohol is to be served there should be clarity regarding the food offer as there is a PB2 policy issue.

 

Mr Barry Panto (WCC, Legal Adviser) addressed the Sub-Committee and made reference to the policy PB2, advising that although post application discussions had occurred, the application made no reference to tasting events as such. In fact a condition had been proposed to the effect that the sale and consumption of alcohol would be ancillary to a substantial meal.  That indicated that it was not intended for the premises to be drink lead.  Anyone looking at the application may not have made any representation based on that assumption.  Mr Panto felt that any drink led proposal could not be considered as part of the current application and maybe something the Applicant would like to consider at a later date.   

 

Ms Roxsana Haq (Licensing Authority) addressed the Sub Committee advising that the Licensing Authority would be maintaining it representation, as this was a new premises located in the CIA.  Ms Haq felt that the premises did not fall in to the category of a restaurant and more information was required with regard to alcohol being ancillary to food.  Ms Haq advised that the Applicant would need to demonstrate that this was an exception to policy.  Ms Haq also advised that the Applicant had reduced the proposed opening hours which now fell in line with the WCC core hours on a Sunday.

 

John Zamit from (SEBRA) addressed the Sub-Committee providing a brief history of the area.  Mr Zamit advised that small businesses are encouraged, however he was surprised what had been proposed by the Applicant in the CIA.  Mr Zamit explained that condition 15 had been proposed by SEBRA as it believed the premises was not drink lead; however felt that the premises needed to offer more substantive food than croissants and cakes.  Mr Zamit addressed the deliveries, collections and noise conditions, requesting the WCC model condition 12.  Mr Zamit discussed off sales, advising that the Applicant could not serve food outside without a table and chair licence.  Mr Zamit pointed out that residents lived above the premises and had requested the condition for a direct contact number so that residents can call if they have concerns.  Mr Zamit was pleased to see that the Applicant had not applied for off sales, cannot use table and chairs outside, and should consider the cumulative effect of the entire stress area and the direct noise nuisance to residents.

 

The Sub-Committee confirmed that although there was some mention of serving alcohol and whisky, there was no mention in the application with regard to special events or tasting events and a proposed condition did prevent any drink led activity from taking place.  The Sub-Committee advised that the Application could only be considered on the basis of what had been applied for.  Mr Panto confirmed that the application was submitted with condition 15 where alcohol would be ancillary to food.  The Sub-Committee further advised that the Application which the Sub-Committee was considering was not in line with post discussion meetings and what the Applicant was now seeking.

 

Mr Bryan Thursfield addressed the Sub-Committee advising that the premises was surrounded by residential flats, and was able to demonstrate the proximity of the flats to the premises using the on screen photographs.  Mr Thursfield explained that there was very little separating the premises from the residential flats above, just one 4 inch reinforced concreate wall.  Mr Thursfield advised the Sub-Committee that this will mean listening to music and social chatter until 22:30 every night, he felt that the premises was in the wrong location as this was a residential street.  Mr Zamit added that there should be a window and doors and a delivery conditions added to the premises licence, if the Sub-Committee was minded to grant the application.

 

Mr Thursfield queried the whether the size of the premises was legally (from a health and Safety point of view) able to hold up to 20 people.  Mr Nevitt responded by confirming that on his site visit the two fire escape routes from the premises were checked and the premises had enough physical space to accommodate 20 people, however customers must be seated.  

 

During consideration by the Sub-Committee, Members sought further details in respect of the number of SIA door staff.  The Sub-Committee also sough further clarification on the smoking outside premises and the use of social media for advertising events. In reply to questions from Members, Mr Taluy advised that in regard to SIA staff, being a small premises he felt that members of his own staff would manage the door and customer dispersal.  Mr Taluy confirmed that the whiskey master classes would be pre booked via social media.  He also advised that customers will not be allowed outside with drinks so will not drink and smoke outside the premises. 

 

The Sub-Committee decided to grant the application on the clear understanding that the sale and consumption of alcohol had to be ancillary to a substantial table meal in accordance with the application that had been made. Whiskey tasting events would not be possible and would require a separate authorisation (which could include the possible use of Temporary Event Notices). However, it was noted that any drink led proposal would be contrary to policy and could only be granted as an exception to policy. There would be no restriction on the type of alcohol that could be sold from the premises apart from a restriction on the selling of draft beer.

 

In granting the application, the Sub-Committee had regard to all the representations that had been received and the submissions made at the hearing. It noted that the area was highly residential. However, with the imposition of the table meal condition the application was not contrary to policy and the members were satisfied that granting the application would not add to cumulative impact, having regard also to all the other conditions that had been imposed. It was noted, in particular, that the hours for the sale of alcohol were well within core hours, the capacity was limited to 20 persons including staff and there were no off-sales of alcohol.

 

A condition had also been imposed on the licence indicating that there shall be no glass, drinks or open containers taken outside of the premises at any time.

For the avoidance of doubt, this would also prevent any alcohol being sold for consumption within the external entrance forecourt of the premises (even to persons who may be seated in that area) as this was not part of the licensed premises.   

 

2.

Hours premises are open to the public

 

 

Monday to Sunday: 08:00 to 23:00

 

 

 

Amendments to application advised at hearing:

Monday to Sunday: 08:00 to 22:30, amended by Applicant

 

 

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

 

Granted, subject to conditions as set out below (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;

 

(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.

 

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.

MC1

 

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.       A Challenge 21 or Challenge 25 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.

 

12.       There shall be no glass, drinks or open containers taken outside of the premises at any time.

 

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.       The front of the premises shall be kept clean and swept at the close of business each day.

 

15.       Alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are seated and taking substantial food from the menu and that the consumption of intoxicating liquor by such persons is ancillary to taking such meals. The supply of alcohol shall be by waiter or waitress service only.

 

16.       Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

17.       The number of persons permitted in the premises at any one time (including staff) shall not exceed (20) persons.

 

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, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       No deliveries to the premises shall take place between 18.30 and 08.00 on the following day.

 

24.       There shall be no sales of draft beers.

 

 

Supporting documents: