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Agenda item

1 Marylebone Road, London, NW1 4AQ

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Marylebone High Street/ Not in Cumulative Impact Area

1 Marylebone Road, London, NW1 4AQ

New Premises Licence

18/09845/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:  Local Neighbourhood Association

 

Present:  Mr James Anderson (Solicitor, representing the Applicant Company, Hammer Holdings Limited) and Andrew Monroe (General Manager, representing the Applicant Company)

 

The Wedding Gallery, Basement and Mezzanine Floors,1 Marylebone Road, London, NW1 4AQ (“The Premises”) 18/09845/LIPN

 

1.

Sale by retail of alcohol: On sales

 

 

Monday to Sunday: 12:00 to 21:00

 

 

 

Amendments to application advised at hearing:

 

None

 

 

 

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

 

This was an application for a new premises licence in respect of the former Holy Trinity Church. There is an existing licence for the ground and first floors of the former Church which is restricted to private functions. This application is for a new licence for the basement and mezzanine floors (operating as the Wedding Gallery) with a maximum capacity of 100 persons and the applicant wants to be able to sell alcohol to any persons who are visiting the gallery.

 

Ms Michelle Steward (Presenting Officer) confirmed that both the Police and the Environmental Health Services had withdrawn their representation after agreeing conditions with the Applicant Company.  Ms Steward advised the Sub-Committee had received one local representation from the Fitzrovia Neighbourhood Association (FNA) who was not in attendance and the premises was not located within the Cumulative Impact Area (CIA).

 

Mr James Anderson (Solicitor, representing the Applicant) informed the Sub-Committee that his client had submitted a lengthy skeleton argument, Mr Anderson explained that this was an event venue that Hammer Holdings have operated for over 10 years. The Premises currently has an events licence until midnight and has the capacity to hold 800 people. Mr Anderson explained that his client is applying for a new licence for the basement and mezzanine area, showing the Sub-Committee photographs of the premises on the screen.   Mr Anderson Advised the Sub-Committee that the venue is a wedding emporium and the sale of alcohol is ancillary to that function.

 

Mr Anderson explained that patrons visit the premises, often by invitation. They are offered a complementary glass of wine, prosecco or Champagne, however customers often want to stay longer and his client is unable to sell additional glasses. There is also a kitchen area and patrons may want a drink with lunch. It is all part of the bridal experience.  Mr Anderson confirmed that his client had agreed conditions with Environmental Health and the Police but was surprised to receive a representation from the Fitzrovia Neighbourhood Association (FNA).  Mr Anderson advised the Sub-Committee that this client had not had any dealings with the FNA or Mr Rees as the premises had no immediate residents living nearby. He referred to page 90 of the report which showed the residential count on the map as zero. Mr Anderson was unsure if they were even in the Fitzrovia district.  Mr Anderson advised that no residents would be disturbed as the nearest residents were situated across the busy Marylebone Road.

 

Mr Anderson advised the Sub-Commission that his client did not want to accept Mr Rees’s proposed condition to the effect that the sale of alcohol would only be ancillary to the operation of a sale and exhibition space for wedding goods and services. Mr George Hammer (Director) and Mr Monroe operated a commercial business and there was no intention to sell the business or transfer the licence to anyone else. Mr Anderson informed the Sub-Committee that there had been significant investment in the internal layout.  Mr Anderson felt that the condition proposed by FNA was not backed up with any concerns and referred to the written submissions from Richard Brown (on behalf of the Fitzrovia Neighbourhood Association) in which Mr Brown states that Mr Rees did not have any concerns about the premises licence permitting the licensing activities applied for.  Mr Anderson reminded the Sub-Committee that the premises is not in the CIA and the Policy points raised by Mr Brown related to the stress area.

 

Mr Barry Panto (WCC Legal Adviser) advised that the representation was relevant for the reasons mentioned by Richard Brown in his written submissions. However, the Sub-Committee needed to decide the weight to be given to the representation in the circumstances, having regard to the submissions made by Mr Anderson. Mr Panto advised that residents do sometimes express genuine concerns that when a licence is granted to a reputable operator, that there is a risk that the licensing objectives will be undermined if the licence is transferred to a completely different operator. Mr Panto further advised that such a risk did arise with most applications and the fundamental principle of licensing was that each case had to be determined on its merits. 

 

Members sought further details in respect of why the Applicant would not accept the sale and consumption of alcohol to be ancillary to the operation of selling wedding goods, bearing in mind that was the proposed use of the premises as described in the application form. Mr Anderson advised that Mr Hammer is a business man and when he develops these properties he often has investors.  Mr Hammer would need to answer questions as to why the licence was limited in that way, as it limits the value of the business, premises and the licence.  It affects with the transferability of the licence and his investors would not be happy.  

 

The Sub-Committee advised that they could see why residents might have concerns if the premises was to be transferred to an operator who wanted to, for example, sell alcohol at a party for 100 guests. In respect of a future transfer, Mr Anderson advised that it would have a financial impact as his client would only be able to transfer to a like for like business.

 

The members of the Sub-Committee agreed with the point made by Richard Brown that the imposition of such a condition would not prevent a transfer of the licence but would prevent the way the licence could be used. However, the Sub-Committee also noted that the premises was not in the CIA, there were no residents living in the immediate vicinity, there was no policy to refuse this application as presented to the Sub-Committee and it was most unlikely that this operator would undermine the licensing objectives. The Sub-Committee had regard to the representation from the FNA but felt, on balance, that there was no need to add the further condition requested. The existing premises had not been the cause of any problems in the last 10 years, suitable and appropriate conditions had been agreed with the Responsible Authorities and no other objections had been received. If the new licence did give to any unforeseen problems in the future there would always be the potential for the licence to be reviewed. The Sub-Committee therefore granted the application, subject only to the conditions that had been agreed with Environmental Health and the Police.  The condition propose by the Fitzrovia Neighbourhood Association will not be added to the licence.

 

2.

Hours premises are open to the public

 

 

Monday to Sunday: 10:00 to 21:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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.

 

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 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 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.

 

12.       Patrons permitted to leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

13.       There shall be no self-service of alcohol.

 

14.       The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 100 persons.

 

15.       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.

 

16.       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.

 

17        All exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

18        All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

             

 

 

Supporting documents: