Agenda item - Real Ale Ltd, 4 Formosa Street, London, W9 1EE | Westminster City Council
Agenda item

Agenda item - Real Ale Ltd, 4 Formosa Street, London, W9 1EE

Agenda item

Real Ale Ltd, 4 Formosa Street, London, W9 1EE

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Little Venice Ward/ Not In Cumulative Impact Area

Real Ale Ltd, 4 Formosa Street, London, W9 1EE

Premises Licence

Variation

18/10770/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st November 2018

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Shamim Talukder

 

Legal Adviser:           Barry Panto

Committee Officer:   Tristan Fieldsend

                                    Georgina Wills

Presenting Officer:   Daisy Gadd

                                   

 

Relevant Representations:     The Paddington Waterways & Maida Vale Society and five local residents (one in support of the application).

 

Present: Mr Tim Peyton and Mr Zeph King (Applicants), Councillor Melvyn Caplan (Representing Paddington Waterways & Maida Vale Society and one local resident) and Mr Peter Hahn (local resident).

 

Real Ale Ltd, 4 Formosa Street, London, W9 1EE (“The Premises”)

18/10770/LIPV

 

1.

Sale by Retail of Alcohol – On Sales

 

Current:

 

Monday: 12:00 to 21:00

Tuesday to Sunday: 12:00 to 21:30

 

Proposed:

 

Monday: 12:00 to 21:30

Tuesday to Sunday: 12:00 to 22:30

 

 

Licensable Area

 

Basement and Ground Floor

 

Basement and Ground Floor (including outside area of 3 tables and 6 chairs)

 

 

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 Real Ale Ltd for a variation of a premises licence in respect of Real Ale Ltd, 4 Formosa Street, London, W9 1EE.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and clarified that the current hours for off sales of alcohol listed in the report (at page 3) were incorrect and should read 10:00 to 21:30 on Mondays and 10:00 to 22:00 Tuesday to Sunday. This was due to an error with the hours that had incorrectly been inserted on the current licence at page 34 of the report. It was also confirmed that Environmental Health had withdrawn their representation following the agreement of conditions with the applicant.

 

Mr Peyton and Mr King, the applicants, explained that through their premises they had managed to build up strong relationships with the local community. They had taken an active involvement in various local events and as such, it was considered that they had made a positive contribution to the neighbourhood. The reason why the variation application had been submitted was simply to allow the business to continue to thrive in the local area. It was recognised that concerns had been raised over the proposed variation to the licence; however, no concerns had been submitted by the resident living above the premises or by the landlord of the property. The Sub-Committee was advised also that Environmental Health (EH) had received no complaints of any nature regarding the operation of the premises. Many of the concerns raised about the local area did not relate to the premises who wanted to be a considerate neighbour.

 

The applicants provided information on the three aspects of the application. Firstly, it was requested that conditions be removed from the licence in order to enable them to place waste outside the premises for collection more than 30 minutes before the collection time. Other establishments on the street already did this and allowing the premises to do the same would mean they would no longer have to store it internally at the premises, which was potentially unhygienic. In response to a question from the Sub-Committee, it was explained that approximately one bag of waste (consisting of minimal food waste) and some cardboard was generated in waste each day and this was currently being stored in the basement area. The Council collected waste from the street during the morning, however the premises did not open until 12:00 resulting in the applicants having to dispose of the waste themselves. In order for it to be collected by the Council in the morning therefore, the applicants proposed to properly present the waste outside on their demise at close of business the night before and not near their neighbours’ frontage. They asserted that an officer from the Environmental Health Service had indicated that they could leave the refuse out overnight in those circumstances and had since withdrawn his objection to the application. 

 

Secondly, it was proposed to permit the placing of tables and chairs outside the premises. Many establishments in the area already were permitted to do this and customers of the premises had requested the same facilities. There was no evidence that their customers were ever drunk or disorderly and to provide reassurance it was proposed for the tables and chairs to be rendered unusable by 21:00 hours every day. As other premises had external tables and chairs until hours later than those being sought, permitting this variation would not be setting a precedent. It would only consist of three small tables and six chairs with no vertical drinking permitted and sales of alcohol by waiter/waitress service only. To provide reassurance that they would not inhibit residents accessing their properties it was proposed to erect a partition to demarcate the proposed area. If all the tables were occupied and a customer wished to smoke, they would be directed around the corner and prevented from taking any alcoholic drinks with them. Due to the limited extent of the external area the Sub-Committee was advised that granting this aspect of the application would not alter the nature of the premises.

 

Thirdly, it was proposed to extend the hours permitting the on and off sales of alcohol until 21:30 on Mondays and 22:30 Tuesdays to Sundays. No issues had arisen, or been reported, regarding the internal use of the premises and with the proposed external area being rendered unusable by 21:00 the extension in hours would not create any issues. The proposed hours would allow the business to continue to thrive in the local area.

 

Mr Hahn, a local resident, explained that he had lived in the area for approximately 25 years and his property was located near to the premises. The biggest challenge facing residents was the external behaviour of customers at premises situated locally. Formosa Street was quite narrow and any noise generated not only echoed but was also funnelled down the street. The suggestion that smokers would be directed to the corner away from the premises was of a concern, as this would move the problem towards an even more residential area. Permitting the use of external tables and chairs had the potential to create a significant noise impact, which was a major concern. These issues had been a persistent problem for a long time and when the applicants had initially been granted a licence in 2017 restrictions had been put in place to ensure residents would be protected. This compromise had worked and therefore surprise was expressed that only a year later an easing of these restrictions was now being proposed.

 

Councillor Melvyn Caplan, representing the Paddington Waterways and Maida Vale Society and a local resident, addressed the Sub-Committee. It was recognised that the establishment was very well run but residents were requesting that the correct balance needed to be struck in this area. Concern was expressed that the proposed changes would alter the nature of the operation from the one that was originally granted a licence in 2017. Whilst it was originally envisaged for the premises to operate predominantly as an off licence this variation moved it to becoming a potentially vertical drink-led bar with only a very limited food offer. In terms of the tables and chairs the local area already experienced issues through the use of external areas at other premises. The street was very narrow with establishments having small frontages. Residents often experienced issues traversing the street and permitting further tables and chairs would only exacerbate this problem.  Particular concern was expressed that smokers from the premises would be directed to the nearby corner of the street. The area was very residential and this had the potential to generate even more noise nuisance in the local area.  The licence granted in 2017 struck the right balance for the area. It was explained that the extension in hours was not the biggest issue but the tables and chairs variation applied for would change how the premises operated and as such could create increased levels of disturbance. In terms of the refuse issues the Sub-Committee was advised that permitting the placing of waste on the street overnight because other premises already did it, possibly in breach of their licenses, was not a reason to allow it. A better solution was required and one that did not negatively impact on the local area.

 

The applicants highlighted that they had been recognised as responsible operators and this was key when deciding whether to permit the use of the external area for tables and chairs. This was a small area where a maximum of six customers would be seated and served alcohol by waiter/waitress service only. The Sub-Committee was advised that a pub operated further down Formosa Street and customers often stood outside drinking vertically to hours later than those requested. The concerns raised over directing smokers to the corner were acknowledged and alternatives would be explored. They wanted to be considerate neighbours and the restrictive nature of the external area would ensure it did not create any nuisance to residents.

 

Following careful consideration of the application and the evidence provided by all parties the Sub-Committee decided to partly grant the application. It was noted that the area was highly residential and despite the retail nature of Formosa Street this too had a residential aspect to it that helped inform the Sub-Committee’s decision. As such, the Sub-Committee considered the proposal to permit the use of the external area for tables and chairs unacceptable in the circumstances. It had been explained that the local area already experienced disturbance from customers utilising the external areas of other premises and permitting this would only exacerbate this issue. It was recognised that it was only for a maximum of six people but it was considered that any increase in potential disturbance was unacceptable. Concern was also expressed that permitting the use of this area would alter the nature of the premises from one that was predominantly an off licence to one which had the potential to become a drink-led establishment. The current licence was granted in 2017 and it was felt this struck the right balance for the local area but the variation applied for just one year later had the potential to change how the premises operated to the detriment of the local area. Therefore, this aspect of the application was considered inappropriate in the circumstances and refused accordingly.

 

With regards to the issues over waste disposal the Sub-Committee also decided not to remove current conditions 23 and 24 from the licence. Issues from other premises placing their waste on the street overnight had been experienced and permitting it to occur in this instance would place extra pressure on the local area and have the likely effect of increasing public nuisance. The removal of these conditions was not considered appropriate in the circumstances and would not ensure the licensing objectives were promoted. It was recognised that waste was not collected by the Council whilst the premises was open and it was appreciated that this was a potential problem for the applicant. The two representatives from the applicant company expressed very strong feelings about the situation and clearly thought that the approach of the authority was unreasonable. However, the applicant was not producing a great deal of waste and had managed to make alternative arrangements for its disposal. Despite the withdrawal of the Environmental Health representation, it was not accepted that waste could be left outside the premises overnight as this was highly likely to cause a litter problem. If an exception was made for one operator, others might seek to make the same arrangements and that would potentially make the situation even worse. The applicant was advised, therefore, to contact other waste disposal companies to ascertain if they were able to collect their waste at hours which were more convenient to them. This aspect of the application was considered inappropriate in the circumstances and refused accordingly.

 

Finally, the extension in hours requested for on and off sales of alcohol were granted. The Sub-Committee considered that the proposed hours were not excessive and with the main concerns raised predominantly relating to other features of the application, and not the hours sought, the Sub-Committee granted this aspect. They were consistent with the Council’s core hour’s policy and due to the nature of the premises it was considered that the licensing objectives would be promoted. The proposed extension to the opening hours was also granted, aside from on Sundays which would be limited to 22:30 in order to make the hours consistent with core hours. Having heard all the evidence the Sub-Committee was satisfied that this aspect of the application was suitable for the local area and promoted the licensing objectives.

 

 

2.

Sale by Retail of Alcohol – Off Sales

 

Current:

 

Monday: 10:00 to 21:30

Tuesday to Sunday: 10:00 to 22:00

 

Licensable Area

 

Basement and Ground Floor

 

 

Proposed:

 

Monday: 12:00 to 21:30

Tuesday to Sunday: 12:00 to 22:30

 

 

 

Basement and Ground Floor (including outside area of 3 tables and 6 chairs)

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the hours requested but not the changes to the licensable area (see reasons for decision in Section 1).

 

3.

Hours Premises are Open to the Public

 

Current:

 

Monday: 10:00 to 21:30

Tuesday to Sunday: 10:00 to 22:00

 

Licensable Area

 

Basement and Ground Floor

 

Proposed:

 

Monday: 12:00 to 22:00

Tuesday to Friday: 12:00 to 23:00

Saturday to Sunday: 11:00 to 23:00

 

 

Basement and Ground Floor (including outside area of 3 tables and 6 chairs)

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the hours requested aside from on Sundays, which would be limited to 11:00 to 22:30 hours. The proposed changes to the licensable area were refused (see reasons for decision in Section 1).

 

4.

Layout Alteration

 

This variation seeks to include the outside area of the premises so as to include 3 tables and 6 chairs.

 

No further layout alterations have been proposed as part of this variation application.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee refused this aspect of the application (see reasons for decision in Section 1).

 

5.

Conditions Proposed to be Removed

 

Condition 16:

 

There shall be no tables and chairs placed outside the premises.

 

 

 

Condition 23:

 

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

 

 

 

Condition 24:

 

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.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee refused this aspect of 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;

 

(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.

 

Conditions Attached after a Hearing by the Licensing Authority

 

9.         There shall be effective management and training of all staff on at least an annual basis in the sale of alcohol in order to meet the requirement of the Licensing Act 2003 and to provide such records of training to an authorised council officer on request.

 

10.       There shall be a notice on the shop front showing the normal hours of opening and closing, to which licensed activities are permitted.

 

11.       No deliveries to the premises shall take place between 20.00 and 08.00 on the following day.

 

12.       Management will encourage customers to move on from the premises and not cause nuisance both during opening hours and also once the premises have closed.

 

13.       An appropriate cigarette receptacle will be installed outside of the premises to keep cigarette litter to a minimum.

 

14.       The sale of alcohol for consumption on the premises shall at all times be ancillary to the premises remaining a specialist craft beer retail shop (selling alcohol for consumption off the premises).

 

15.       There shall be no bar servery within the basement area.

 

16.       There shall be no tables and chairs placed outside the premises.

 

17.       The number of persons permitted to consume alcohol in the premises at any one time (excluding staff) shall not exceed 20 persons, with no more than 8 persons on the ground floor at any one time.

 

18.       The supply of alcohol for consumption on the premises shall be by waiter or waitress service only and to persons seated.

 

19.       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. 

 

20.       The external door shall be kept closed after 21:00 hours except for the immediate access and egress of persons.

 

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

 

22.       Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 3 persons at any one time.

 

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

 

24.       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.

 

25.       No collections of waste or recycling materials (including bottles) from the premises shall take place between 20.00 and 08.00 hours on the following day.

 

26.       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.

 

27.       The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

28.       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.

 

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

 

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

 

31.       The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

32.       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.

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       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)       any faults in the CCTV system

(f)        any refusal of the sale of alcohol

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

 

38.       There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

39.       All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

40.       On sales of beers above 5.5% ABV (alcohol by volume) shall only be sold in ½ or ? pint glasses only.

 

41.       There shall be no self-service of alcohol for consumption on the premises.

 

42.       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.

 

43.       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.

 

 

Supporting documents: