Agenda item - Basement And Ground Floor, 37 - 38 Golden Square, London, W1F 9BS | Westminster City Council
Agenda item

Agenda item - Basement And Ground Floor, 37 - 38 Golden Square, London, W1F 9BS

Agenda item

Basement And Ground Floor, 37 - 38 Golden Square, London, W1F 9BS

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward/ West End Cumulative Impact Area

Basement And Ground Floor, 37 - 38 Golden Square, London, W1F 9BS

New Premises Licence

18/10623/LIPN

 

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 Officers:Tristan Fieldsend

                                    Georgina Wills

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     Environmental Health, The Soho Society and one local resident.

 

Present: Mr Alun Thomas (Solicitor, Representing the Applicant), Mr Andrew McNeill (Representing the Applicant Company), Mr Gillaume Depoix (Prospective Tenant), Mr Anil Drayan (Environmental Health) and one local resident.

 

Basement and Ground Floor, 37-38 Golden Square, London, W1F 9BS (“The Premises”)

18/10623/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 12:00 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 Halamar (Golden Square) Ltd for a new premises licence in respect of Basement and Ground Floor, 37-38 Golden Square, London, W1F 9BS.

 

The Licensing Officer introduced the application to the Sub-Committee and confirmed that one of the local residents had withdrawn their representation following additional information supplied by the applicant.

 

Mr Thomas, representing the applicant, provided to the Sub-Committee with an overview of the current contractual situation with the site. It was explained that the applicant, Mr Depoix, had agreed a lease for the premises subject to a licence being granted for the hours requested. Mr Thomas confirmed that a meeting had been held with Ms Callingham, a local resident, to try to address some of the concerns she had raised in her representation. Following this meeting it was now proposed to make the following amendments to the proposed conditions on the licence:

 

  • Place the full model restaurant condition on the licence, MC66;
  • Include a condition preventing customers smoking from taking drinks or glass containers outside with them; and
  • Requiring all sales of alcohol for consumption off the premises to be in sealed containers only and not to be consumed on the premises.

 

Mr Thomas considered that the main issues concerning the application centred on the opening hours and the fact the hours for the sale of alcohol were 30 minutes in excess of the Council’s core hour’s policy from Monday to Thursday and one hour on Sundays. The reasons for this was that the applicant wanted to open at 07:00 throughout the week, as they wanted to provide their customers with a breakfast option. In addition, the terminal hours relating to the sale for alcohol had been applied for as these were in line with the hours granted for the planning permission. The premises would operate as a restaurant with the slight extension beyond core hours being sought simply to allow customers to finish their meals. The premises building was being redeveloped and benefited from a current licence. The hours on the application were very similar to those on the existing licence with the proposed footprint of the new premises being slightly larger than the previous premises. If the Sub-Committee was minded to grant the application, the applicant was offering to surrender the existing licence. It was felt the more restrictive nature of the new licence would mitigate any argument that the proposal would increase cumulative impact in the local area.

 

In terms of the Council’s Statement of Licensing Policy (SLP) Mr Thomas recognised that section RNT2 would have to be applied which required the applicant to demonstrate it would not add to cumulative impact (though he did not have to show that it constituted an exception to policy). If the Sub-Committee was satisfied that it would not add to cumulative impact then the hours applied for, which were later than core hours, could be justified based on the application’s merits. On the proposed licence, the hours permitting the sale of alcohol would not be in excess of those on the current licence and the opening hours would actually be reduced. The new conditions proposed, including the model restaurant condition, were more restrictive than those currently in place and this would all ensure that the application would reduce cumulative impact in the local area.

 

Mr Thomas confirmed that customers would be encouraged to leave the premises quietly and was content for the relevant model condition to be placed on the licence requiring this. In addition, the current licence had no capacity restrictions but this application was seeking to restrict it to a maximum of 130 persons, although operationally this would probably be no more than 100 persons. Overall therefore, this application represented a better offer than what was currently in place and would have the effect of reducing cumulative impact in the local area.

 

Mr Drayan, representing Environmental Health, requested that proposed condition 23 be amended so that if there were minor changes during the course of construction new plans would have to be submitted to the Licensing Authority. Mr Thomas agreed to this amendment and to the inclusion on the licence of a condition requiring any recorded music to be routed through a sound limiter. Mr Drayan noted that the full model restaurant condition would be added to the licence and therefore, subject to the slight amendments to the conditions, confirmed that he was satisfied with the application.

 

Ms Callingham, a local resident, confirmed that constructive discussions had been held with the applicant. She was pleased to note that smokers would be unable to take drinks outside with them and any off sales would be in sealed containers. Concern was still expressed however over the proposed opening hour of 07:00 and the potential noise impact this would have on residents. Golden Square was a quiet area in a very noisy location and it was essential these residential areas be protected. Concern was raised over the noise impact deliveries could have in order to cater for the 07:00 opening and requested that the opening hours be reduced accordingly to 08:00 hours. In addition, the new footprint of the building was larger than that which was there previously and therefore there could be an increased number of people visiting the premises. Ms Callingham did have concerns that the application would increase cumulative impact and requested that if the applicant intended to install external tables and chairs at the premises in the future residents be consulted over such plans. In response, Mr Thomas confirmed that the applicant may potentially introduce external tables and chairs at a future date and confirmed that discussions with residents would take place before any such application was submitted. Mr Thomas also confirmed that the premises had a dedicated waste storage area and deliveries would take place through the servicing entrance therefore minimising any potential disturbance to residents. The applicant still wished for the premises to open at 07:00 in order to cater for the breakfast trade but was willing to amend delivery and waste collection hours so that they could only take place between 08:00 and 23:00 hours.

 

Mr Thomas highlighted that even though the redeveloped premises had a larger footprint than the previous building it was still a small restaurant with more restrictive conditions placed on the licence. The nature of the operation, the surrender of the existing licence and the capacity restriction would all ensure it would not add to cumulative impact. Following a question from the Council’s Legal Adviser Mr Thomas confirmed that he was happy for sound limiter and noise nuisance conditions to be added to the licence if the Sub-Committee was minded to grant the application.

 

Following careful consideration of the evidence provided by all parties the Sub-Committee agreed to grant the application. It was recognised that the premises was located within a Cumulative Impact Area however with the addition of the full model restaurant condition on to the licence this provided reassurance that it could not become a drink-led establishment. The licence would be more restrictive than that already existing, which would be surrendered by the applicant, and the Sub-Committee was satisfied that this would ensure there would be no increase in cumulative impact in the local area. The hours applied for were considered appropriate in the circumstances but to ensure residents were protected the hours for the collection of waste and deliveries would be restricted to between 08:00 and 23:00. The inclusion of a capacity limit was also welcomed and following the applicant’s evidence, this would be limited to a maximum of 100 persons excluding staff.

 

The Sub-Committee acknowledged the concerns raised by a resident regarding the potential use of external tables and chairs in the future, as it could have the potential to negatively impact on residents’ amenity. As such, even though the applicant had not applied for the use of external tables and chairs, it was considered appropriate to strengthen the conditions so that no alcohol would be allowed to be consumed at any external tables and chairs. This then would require any future application proposing to serve alcohol to external tables and chairs to come before a future Sub-Committee meeting and therefore ensure dialogue occurred between the applicant and residents beforehand. Overall the Sub-Committee was satisfied that the nature of the operation and the conditions offered by the applicant, including those imposed by the Sub-Committee, were restrictive enough to ensure that the premises would not add to cumulative impact in the CIA.

 

Having heard all the evidence (with consideration being given to the representations received from the Soho Society and a local resident), the Sub-Committee was satisfied that the licensing objectives would be upheld and promoted and that the application was suitable for the local area.

 

2.

Hours Premises are Open to the Public

 

Monday to Sunday: 07:00 to 00:00

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 12:00 to 00:30.

 

 

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).

 

3.

Late Night Refreshment – Indoors

 

Monday to Sunday: 23:00 to 00:00

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 23:00 to 00:30.

 

 

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).

 

4.

Recorded Music – Indoors

 

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 12:00 to 00:00.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

5.

Hours Premises are Open to the Public

 

Monday to Sunday: 07:00 to 00:00

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 12:00 to 00:30.

 

 

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;

 

(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 only operate as a restaurant

(i)            in which customers are shown to their table,

(ii)          where the supply of alcohol is by waiter or waitress service only, (iii)

(iii)          which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iv)              which do not provide any take away service of food or drink for immediate consumption,

(v)               which do not provide any take away service of food or drink after 23.00, and

(vi)              where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

10. 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.

11. 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. 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

g) any refusal of the sale of alcohol

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

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. Patrons temporarily leaving the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers outside with them.

15. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises. There shall be no consumption of alcohol from any tables and chairs that maybe provided outside the premises.

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

17. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.

18. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.

19. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

20. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

21. 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.

22. The premises may remain open for the sale of alcohol, recorded music and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

23. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. The capacity shall not exceed 100 persons in any event excluding staff.

24. 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. If there are minor changes during the course of construction a new set of plans shall be submitted to the licensing authority.

25. No licensable activities shall take place at the premises until premises licence 16/08773/LIPT (or such other number subsequently issued for the premises) has been surrendered.

26. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

27. 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.

28. 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.

 

Supporting documents: