Agenda item - Billy and the Chicks, 27-28 St Anne's Court, London, W1F 0BN

Billy and the Chicks, 27-28 St Anne's Court, London, W1F 0BN

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward/ West End Cumulative Impact Area

Billy and the Chicks

27-28 St Anne's Court, London, W1F 0BN

New Licence Variation

18/11821/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 22 November 2018

Membership: Councillor Tim Mitchell (Chairman), Councillor Peter Freeman and Councillor Aziz Toki

Legal Adviser: Barry Panto

Committee Officers: Georgina Wills

Presenting Officer: Michelle Steward

Relevant Representations: Environmental Health and 8 local residents.

Present: Ms Sophia Firovia, (Owner and Applicant), Mr Massimo Matoni (Management Consultant), Mr Alun Thomas (Applicant’s Representative), Richard Brown, Citizens Advice Westminster (Representing residents - Niall MacAnna, Rebecca Taylor, Brooke Bailey, Luke Dixon and Mark Allen)

Billy And The Chicks, 27 – 28 St Anne’s Court, London W1F 0BN (“The Premises”) 18/11821/LIPV

Sale by Retail of Alcohol

On or Off Sales

Current:

Proposed:

Off

Current Hours

Proposed

Hours

Licensable Area

Start:

End:

Start:

End:

Current:

Proposed

Monday

10:00

00:00

No Change

Ground Floor

Ground Floor and external seating area

Tuesday

10:00

00:00

Wednesday

10:00

00:00

Thursday

10:00

00:00

Friday

10:00

00:00

Saturday

10:00

00:00

Sunday

12:00

23:30

Seasonal variations/ Non -standard timings:

Current:

Proposed:

(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 10.00 to 00.00

(b) On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday: 12.00 to 23:30

(d) On New Year's Eve, except on a Sunday, 10.00 to 00.00

(e) On New Year's Eve on a Sunday, 12.00 to 23.30

(f) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

No Change.

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 Bowls London Limited, for a variation of a premises licence in respect of Billy And The Chicks, 27 – 28 St Anne’s Court, London, W1F 0BN.The Premises was situated in the Cumulative Impact Zone.

The Licensing Officer introduced the application to the Sub-Committee and advised that the Metropolitan Police Service had withdrawn their representation and this was due to the Applicant agreeing to set conditions. Representations were also made by the Environmental Health Service.

The Sub-Committee was advised that representations had been received from Mr Richard Brown, Citizens Advice Bureau, on behalf of local residents on 19 November 2018 and the Applicant on 20 November 2018 and both had been circulated to all parties.

Mr Thomas (Applicant’s Representative) explained that Billy and the Chicks was no longer operating and that the premises would operate under the trading name of Bowls. He had previously provided a document setting out the concept for the new restaurant. Mr Thomas advised the Sub-Committee that a Planning Application for external tables and chairs had been submitted and details of the application had been circulated to all parties. He advised that the Applicant had a culinary background and that Bowls was the first restaurant which Ms Firovia (Applicant) had opened. The Applicant planned to expand the chain. Mr Thomas advised that the Premises offered a wide range of meals from different Continents and these were priced from £5 to £17. The Restaurant would have a drinks menu which would comprise of a small selection of alcohol beverages. These would include wines and bottled beers. The Premises operated as a restaurant.

Mr Thomas advised that the Applicant sought to provide the sale/supply of alcohol for consumption off the premises during the current authorised hours to permit the sale of alcohol in the external seating area. The supply of alcohol for consumption off the premises was also proposed to authorise alcohol sales ancillary to take away meals. All alcohol off sales would be supplied in sealed containers. It was envisaged that alcohol off sales with take away meals would account for 2% of all sales. The proposal was also seeking the layout of the premises to be updated. Mr Thomas highlighted that no representation had been received in relation to the proposed amendment of the Premises layout.

Mr Thomas advised that approval for the Premises to have eight external chairs during 11:00hrs to 21:00hrs had been received and commented that the previous tenants also had outside seating. This application differed from the current License in that supply of alcohol in the external area was now sought. Mr Thomas indicated that the Applicant had agreed to the Conditions which had been proposed by Environmental Health apart from Model Conditions (MC), 34 & 35 which related to the collection of waste and recyclable materials. Mr Thomas advised that the Applicant had to adhere to Westminster City Council’s timeframe for refuse collection.

Mr Thomas advised that MC 38 was not needed and reminded the Sub-Committee that the Premises operated as a restaurant and that the Application did not include any amendments which would warrant a new Condition. He commented that the Applicant was willing to work with Environmental Health. Mr Thomas advised that it was sought to vary the Model Condition for ‘Off Sales’ for the sale of alcohol in order to reflect the planning permission that had been granted for the external seating area. The proposed condition would be that ‘The sale of alcohol for consumption off the premises shall be: (a) in a sealed container supplied with and ancillary to a take-away meal: or (b) be restricted to alcohol consumed by persons who are seated in an area of appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal, and where the supply of alcohol is by waiter or waitress service only.

A further condition was also proposed that “All outside tables and chairs be rendered unusable by 21.00 hours each day.

Mr Thomas advised that residents had been informed about the proposed amended conditions and had been met. He highlighted that the concerns raised by residents, which were mainly related to anti-social behaviour (ASB) and vagrancy, did not all stem from St Anne’s Court and these issues needed to be reviewed more broadly. Mr Thomas advised that the CCTV will capture all of the external buildings and that the staff waiting at tables will deter ASB. He stated that the application did not contradict any Council Policy or oppose any of the licensing objections and that it would not cause any public nuisance.

Mr Dave Nevitt, representing Environmental Health advised had that were no concerns over the proposed layout of the Premises. Mr Nevitt advised that the current License stipulated that the Premises should operate only as a restaurant and that there were concerns about noise emanating from the Premises and its effects on residents who reside above the Restaurant. It had been proposed that the building be made ‘sound proof’ to address the above. Mr Nevitt welcomed that the operational hours for the outside tables and chairs had been reduced.

Following questions from the Legal Officer concerning the size of the external seating area (which was greater on the plans submitted than the area for which planning permission had been granted), Mr Thomas advised that the Premises had a pre-existing Plan for external seating and that the Planning documents had been amended to reflect the proposed external seating. Mr Thomas advised that the Applicant was willing to ‘cap’ the number of patrons who would be seated outside to ten individuals.

Mr Richard Brown (Citizens Advice, Westminster) addressed the Sub-Committee. He advised that he was representing local residents and residents from Clarion House. Mr Brown advised that a number of residents had lived in the area for a number of decades and had mixed physical abilities. He advised that there were concerns over the recent renovation of the area. Mr Brown advised that St Anne’s Court had a number of licensed properties and that a majority of these premises did not have ‘off sales’. He commented that the proposed external seating would have an effect on the ‘footfall’ and that the area had narrow streets. It was envisaged that Crossrail link would increase the number of pedestrians and would exacerbate current concerns.

Mr Brown noted that the proposed layout plan included a large bar area and stressed the importance that the Premises continue to operate as a restaurant. He commented that if the Application was approved, the Premises would add to current ASB, which included noise nuisance and littering. Mr Brown advised that there were concerns with the off sales and commented that Patrons may congregate in the immediate area to consume their purchases and leave litter. This was a particular concern to residents who had limited mobility. Mr Brown stated that nearby Premises which had external seating and supplied alcohol off sales acted as a magnet for ‘street drinkers’, ‘beggars’ and also individuals who supply and consume prohibited substances. He advised that the local Police Service resources were strained due to the high level of ASB. Mr Brown commented that the mentioned actives had an adverse effect on resident’s quality of life. He advised that residents were extremely concerned over the Application and this was due to past experiences. Residents were also concerned over the proposed changes to the Premises.

Mr Thomas advised the Premises was a small restaurant which contained between 50 and 60 seats. He advised that the Bar would not be a ‘standing bar’ and instead was a ‘dining bar’ which would be used by the Chef and was in effect an open kitchen. He advised that the basement floor was to be redesigned and the toilets in this area would be reconfigured. In response to questions from the Sub-Committee, Mr Thomas advised that the Premises would have two external tables and a bench and that a Planning Application had been submitted to increase the outdoor space. He commented that previous occupiers had a similar external layout.

Mr Thomas informed the Sub-Committee that Bowls was different to the previous restaurant that occupied the premises and that the Applicant was sympathetic to the concerns raised by local residents and would work with them. He advised that there would be difficulties in eliminating litter and commented that these could come from a number of sources. He also reiterated that take away would be supplied in sealed containers. Mr Thomas reminded the Sub-Committee that there was already permission for external seating and take-away and that the supply of alcohol was the only variation in the Licence that was being sought.

Mr Thomas advised that the Applicant would continue to work with Environmental Health and commented that the Restaurant had no history of complaints. He advised that the Applicant should not be penalised because of the types of individuals that are drawn to the locality. In response to questions from the Sub-Committee, Mr Thomas advised that no ‘ super strength beers’, ‘draught beer’ and ‘cider’ would be available on the drink list and this could be conditioned. He advised that the alcohol offered at the Premises were priced highly and those offered would largely be cocktails. The beverage list had been chosen in order to compliment the menu.

Mr Thomas stated that the Applicant was willing to adopt Model Condition 71 and would ensure that patrons are supervised by staff whilst they are smoking and when seated outside. He advised that the conditions proposed by Environmental Health apart from those relating to servicing had been agreed and commented that the Premises had to adhere to Westminster City Council’s timeframe for refuse collection. Mr Thomas advised that refuse was left outside the Premises when they closed and this pattern was followed by other nearby eateries. Mr Thomas advised that deliveries were received after 08:00hrs apart from milk.

After carefully considering the Application and the evidence provided by all parties (including those who did not attend the hearing) the Sub-Committee decided to grant the application with additional conditions which would ensure that the Premises did not add to the cumulative impact or exacerbate stated concerns which were raised by Parties or emulate those which had occurred with previous license holders. The Sub-Committee agreed that the style of Premises offered a better offer to patrons and would improve the quality of the commercial premises within the area. The Sub-Committee noted that there was already permission for the external area to be used and the key issue was whether the addition of off-sales of alcohol in accordance with the condition proposed would add to cumulative impact. The Sub-Committee was satisfied that the variation application would not add to cumulative impact.

Hours premises are open to the public

Current

Hours

Proposed

Hours

Premises Area

Start:

End:

Start:

End:

Current:

Proposed:

Monday

10:00

00:30

No change

Ground

Floor

No change

Tuesday

10:00

00:30

Wednesday

10:00

00:30

Thursday

10:00

00:30

Friday

10:00

00:30

Saturday

10:00

00:30

Sunday

12:00

00:00

Seasonal variations/ Non-standard timings:

Current:

Proposed:

None

On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted 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 granted the application (see reasons for decision in Section 1).

Layout alteration:

Changes include:

Basement

Redesign of WC layout

Ground Floor

Addition of fixed bar counter to front of premises

Removal of bar to rear of premises

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 being added

Condition

Authorise the sale/supply of alcohol for consumption off the premises during the current authorised hours to permit the supply of alcohol in the external seating area as delineated by a broken red line on the attached plans.

The supply of alcohol for consumption off the premises is also proposed to authorise alcohol sales ancillary to takeaway meals.

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;

(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 reproducing the effect of conditions subject to which the relevant existing licences have effect

9. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.

10. ‘The sale of alcohol for consumption off the premises shall be:

(a) in a sealed container supplied with and ancillary to a take-away meal:

(b) restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal, and where the supply of alcohol is by waiter or waitress service only.

11. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available with or otherwise as an ancillary to meals served in the licensed premises.

Conditions which reproduce the effect of any restriction imposed on the use of the premises by specified enactment

Alcohol may be sold or supplied:

(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 10.00 to 00.00

(b) On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday: 12.00 to 23:30

(d) On New Year's Eve, except on a Sunday, 10.00 to 00.00

(e) On New Year's Eve on a Sunday, 12.00 to 23.30

The above restrictions do not prohibit:

(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(b) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(e) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(g) the taking of alcohol from the premises by a person residing there;

(h) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(i) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

12. Alcohol shall not be sold or supplied unless the premises have been structurally and bona fide used, or intended to be used, for the purposes of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

13. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

14. 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.

15. 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.

16. 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.

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

18. There shall be no sales of alcohol for consumption off the premises after (23.00).

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

20. 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.

21. 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.

22. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.

23. 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.

24. The Premises Licence Holder shall ensure that any persons drinking and/or smoking outside the Premises do so in an orderly manner and are supervised by staff so to ensure that there is no public nuisance.

25. The number of persons permitted to use the external table and chairs shall not exceed ten persons at any one time.

26. All outside tables and chairs be rendered unusable by 21:00 hrs each day.

27. No super strength beers, lagers and ciders of 5.5% ABV or above shall be sold on the premises except for premium beers, lagers and ciders supplied in glass bottles.

Supporting documents:

Billy and Chicks Report redacted, item 2. PDF 2 MB