Agenda item - The AllBright Club, 24 - 26 Maddox Street, London, W1S 1QH | Westminster City Council
Agenda item

Agenda item - The AllBright Club, 24 - 26 Maddox Street, London, W1S 1QH

Agenda item

The AllBright Club, 24 - 26 Maddox Street, London, W1S 1QH

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward/ West End Cumulative Impact Area

The AllBright Club, 24 - 26 Maddox Street, London, W1S 1QH

New Premises Licence

18/10524/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:     Licensing Authority and one local resident.

 

Present: Mr Robert Jordan (Licensing Agent, representing the Applicant), Mr and Mrs Patel (Applicants) and Ms Roxanna Haq (Licensing Authority)

 

61 Kingly Street, London, W1B 5QL (“The Premises”)

18/09828/LIPN

 

1.

Sale by Retail of Alcohol –Off Sales

 

Monday to Sunday: 10:00 to 20:00

 

 

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 Regency Coffee Boutique Limited for a new premises licence in respect of 61 Kingly Street, London, W1B 5QL. The premises operated as a convenience store and the application was seeking an authorisation to sell alcohol for consumption off the premises.

 

The Licensing Officer introduced the application to the Sub-Committee and confirmed that Environmental Health and the Police had withdrawn their representations following the agreement of conditions with the applicant.

 

Mr Jordan, representing the applicant, advised the Sub-Committee that constructive discussions regarding the application had been held with the responsible authorities and local residents. Attempts had been to engage with the sole resident who had made a representation but these had proven unsuccessful. Following these discussions the hours proposed had been scaled back and the conditions to be added to the licence were similar to those operated by comparable premises in the local area. As such, this had resulted in Environmental Health and the Police withdrawing their representations. The applicant was a very experienced operator and had run convenience stores since 1995. The Sub-Committee was advised that during this time no issues had ever been reported at any of his premises. Details of the in-depth training programme staff were required to undertake was provided along with confirmation that a Challenge 25 policy was operated. The Sub-Committee also noted that the only forms of ID accepted at the premises would be either a passport or driving licence. All alcohol on display would be stored behind locked screens outside of the hours permitting the sale of alcohol and CCTV would also be operated at the premises. Therefore, with the restrictive conditions to be placed on the licence and the restricted hours for the sale of alcohol, between 10:00 and 20:00, it was proposed that the premises would not add to cumulative impact in the local area. It was recognised that street drinking was an issue locally and as such, no alcohol above 5.5% abv would be sold in addition to no sales of single cans of beer.

 

Ms Haq, representing the Licensing Authority, thanked the applicant for the productive discussions which had taken place. It was acknowledged that restrictive conditions would be placed on the licence and the proposed hours were within the Council’s core hours. In terms of policy the application was considered compliant and therefore the Licensing Authority’s representation had only been maintained as the burden was still on the applicant to satisfy the members that the application would not add to cumulative impact and a resident had made an objection and was unable to attend the Sub-Committee. Mr Jordan advised the Sub-Committee that no residents in the immediate vicinity of the premises had objected to the application. The Sub-Committee noted where the sole resident who had submitted a representation lived in relation to the premises.

 

After careful consideration the Sub-Committee agreed to grant the application. Whilst it was recognised that the premises was located within a Cumulative Impact Area the operator had demonstrated that he was aware of the importance of promoting the licensing objectives. The conditions proposed were considered appropriate and proportionate in the circumstances with the limited hours permitting the sale of alcohol providing reassurance that the premises would not add to cumulative impact. Street drinking was an issue in the area and therefore restrictions on the strength of alcohol sold and prohibiting sales of single cans of alcohol were welcomed. Having taken into account all the evidence, the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised.  The applicant had demonstrated that the application would not add to cumulative impact and the conditions proposed would ensure the promotion of the licensing objectives.

 

2.

Hours Premises are Open to the Public

 

Monday to Friday: 06:30 to 20:00

Saturday: 07:00 to 20:00

Sunday: 09:30 to 20:00

 

 

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).

 

 

 

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 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.

 

5(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.

 

5(ii)                 For the purposes of the condition set out in paragraph 5(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.

 

5(iii).   Where the permitted price given by Paragraph 5(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.

 

5(iv).    (1)      Sub-paragraph 5(iv)(2) below applies where the permitted price given by Paragraph 5(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:

 

6.         Staff training shall be recorded and updated every 6 months Training shall cover the requirements for ID as part of age verification, how to detect proxy sales, the consequences of underage sales (fines and punishment) , drunks ,  and other relevant matters  as regards the licensing act, and the responsibilities of staff.

 

7.         The licence holder shall ensure that a refusals register is kept on the premises and that this shall be immediately available upon request of an authorised officer. The register shall record any refused sale of alcohol.. The refusal register shall be inspected on a regular basis  by the DPS and signed by the DPS that they have checked the register

At least 12 months of refusal register details shall be retained and made available upon request by an authorised officer

 

8.         There shall be a documented reporting structure back to the Designated Premises Supervisor (DPS) and premises licence holder which shall include telephone contact numbers. This reporting document shall be immediately available upon request of an authorised officer

 

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

 

10.       Signage shall be prominently displayed warning customers of the legal penalties for purchasing alcohol for any person under the age of 18 years.

 

 

11.       The premises shall install and maintain a comprehensive CCTV system as per the following 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 in line with data protection law (such as a section 29 request).

 

The CCTV system shall be checked regularly to ensure it is working in line with the requirements of the licence. 

 

12.      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.

 

13.      A 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.

 

14.      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.

 

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

 

16.      No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

 

17.      No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

18.      There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

19.       There shall be no deliveries of alcohol before 8am or after 8pm

 

20.       There shall be litter patrols on a regular basis (at least daily).

 

21.       There shall be no single can sales – minimum quantity in can sales to be four cans. 

 

22.       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.

23.         Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

 

24.         Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

 

25.        All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

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

 

Supporting documents: