Agenda item - A Food Story, Ground Floor, 104 Great Portland Street, London, W1W 6PE

A Food Story, Ground Floor, 104 Great Portland Street, London, W1W 6PE

Meeting of Licensing Sub-Committee (4), Thursday 6th December, 2018 10.00 am (Item 1.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward/ not in Cumulative Impact Area

A Food Story

Ground Floor

104 Great Portland Street

London

W1W 6PE

Premises Licence Variation

18/08281/LIPV

Minutes:

LICENSING SUB-COMMITTEE No.4

Thursday 6 December 2018

Membership: Councillor Karen Scarborough (Chairman), Councillor Susie Burbridge and Councillor Shamim Talukder

Legal Adviser: Barry Panto

Committee Officer: Sarah Craddock

Presenting Officer: Michelle Steward

Relevant Representations: Environmental Health, Fitzrovia Neighbourhood Association and nine local residents

Present: Mr Matteo Pantani (Applicant), Mr Maxwell Koduah (Environmental Health), Sharon Palazzo (local resident representing Portland Apartments Ltd and the Leaseholders at 89 Great Portland Street), Richard Brown (Solicitor representing local residents and Fitzrovia Neighbourhood Association)

A Food Story, Ground Floor, 104 Great Portland Street, W1W 6PE (“The Premises”) 18/08281/LIPV

Current

Sale by Retail of Alcohol (Off-Sales only)

Monday to Saturday: 08:00 to 23:00

Sunday 10:00 to 22:30

Proposed

Sale by Retail of Alcohol (On-Sales only)

Monday to Saturday: 10:00 to 22:30

Sunday 12:00 to 22:30

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 Pantani Ltd, (“the Applicant”) for a Variation of the licence in respect of premises trading under the name of A Food Story, Ground Floor, 104 Portland Street, W1W 6PE. The current licence had been transferred to the applicant in July 2018.

The Presenting Officer provided an outline of the application to the Sub-Committee. She confirmed that the Environmental Health Team had maintained their representation on policy grounds and that there had been residential representations from the Fitzrovia Neighbourhood Association and nine local residents. She further confirmed that the Metropolitan Police Force had withdrawn their representation following the agreement of conditions with the applicant. The Sub-Committee noted that the premises was located in the West End Ward but was not situated in the Cumulative Impact Area.

Mr Matteo Pantani (Applicant) advised that the application was for a variation of a premises licence for Sale by Retail of Alcohol for consumption ‘On’ the premises Monday to Saturday from 10:00 to 22:30 and Sunday from 12:00 to 22:30. The Sub-Committee noted that the Premises operated as an Italian all day diner. Mr Pantani advised that the premises opened for breakfast and then operated throughout the day serving lunch and dinner. He would now like to serve alcohol (a bottle or glass of wine) with lunch and dinner in order to enhance the customer’s meal experience at the restaurant. Mr Pantani emphasised that he had no intention to turn the premises into a pub or an event premises and have people drinking and smoking outside of the premises. He further confirmed that the capacity of the premises was for 30 persons.

Mr Pantani advised that he had completed the application form for the variation of the premises licence and apologised if he had not made it clear to the local residents and the Responsible Authorities that he only wanted to serve alcohol with a restaurant meal. He confirmed that he had taken their concerns very seriously and was very happy to agree to all the proposed conditions, as he wanted to build a long-term happy relationship with his neighbours. He then gave details of the other premises that he had operated in the hospitality industry.

In response to questions from the Sub-Committee, Mr Pantani confirmed that he had not known what the Council meant by Recorded Music which was why he had requested it on the application form. He confirmed that Recorded Music could now be removed from the licence. He further confirmed that he did not want off sales of alcohol and that he would like to open from 7.00am until 23:00pm on Monday to Friday. Mr Panto (Legal Advisor to the Sub-Committee) explained to Mr Pantani that he had requested Opening Hours from 8am to 22:30pm on his application form and that meant that the licensing authority could not grant opening hours beyond those hours as potential objectors to the application were entitled to place reliance on the details in the application form.

Mr Maxwell Koduah (Environmental Health) advised that Environmental Health had maintained their representation as they were concerned that the application would cause an increase in public nuisance, however they were now reassured as the premises would be operated as a restaurant and that the conditions agreed with Environment Health and the Police would promote the Licensing objectives. The Sub-Committee noted that after a brief discussion between Environmental Health and Mr Pantani, Mr Pantani had also agreed to remove Private Entertainment from his licence.

Richard Brown (solicitor representing residents at 89 Portland Street) advised that the residents welcomed Mr Pantani wanting to be part of the community and to operate a professional operation in a highly residential area. Mr Brown advised that this had been the fourth application for a premises licence in this area in the past 13 months and residents had put a lot of hard work in during this time to ensure that controls in the way of conditions be placed on all the premises licences in the area. This was because although Great Portland Street was a very busy street it was also a highly residential area. Mr Brown referred to the application form and advised that the application form clearly requested Opening Hours from 8am until 22:30 and the representations were prepared and based on the application form. Mr Brown then referred to the additional comments to the resident’s representation which had been circulated and emphasised that the resident’s main concerns were: alcohol being ancillary to a table meal at all times, rubbish collection times, food delivery times, noise nuisance and that the number of smokers be limited outside of the premises. Mr Brown advised that he considered that the agreed conditions with the Responsible Authorities would mitigate the resident’s concerns and promote the Council’s Licensing objectives.

Sharon Palazzo (local resident representing the Leaseholders at 89 Great Portland Street) advised that 89 Great Portland Street was located diagonally opposite the premises. She advised that Great Portland Street was a busy street during the day but during the evenings and weekends it was a very quiet place. The Sub-Committee noted that residents wanted all the premises licences in the area to be consistent with one another so that the street could remain a peaceful residential area.

In response to questions from the Sub-Committee regarding the failed public notice checks issued to the premises, Mr Pantani explained they had been issued because he had misunderstood the Council’s instructions and had displayed the public notice on white paper using a blue font instead of displaying it on actual blue paper.

Mr Panto (Legal Adviser for the Licensing Sub-Committee) discussed the conditions proposed by the local residents with Mr Pantani. Mr Pantani agreed to limit the number of smokers outside of the premises to 4 persons and agreed to conditions 2, 4, 7, 8, 9, 10 and 11 with amendments being attached to the premises licence.

The Sub-Committee had regard to the oral and written submissions from the applicant, responsible authorities and local residents (including the representations from those not in attendance at the hearing) and after careful consideration agreed to grant the application with Opening Hours from 08:00 to 22:30 as outlined in the Applicant’s application. There was no policy to refuse the application and the hours sought for the sale of alcohol were well within core hours. The Sub-Committee considered the conditions proposed to be placed on the licence (including a requirement for the sale and consumption of alcohol to be ancillary to a table meal) were appropriate and proportionate in the circumstances, would ensure the premises did not impact negatively on the local area and would promote the Licensing objectives.

Hours Premises are open to the public

Current:

Monday to Sunday: 00:00 to 00:00

Hours Premises are open to the public

Proposed:

Monday to Sunday: 08:00 to 22:30

Amendments to application advised at hearing:

The applicant indicated that he wanted to sell alcohol from 07:00 but it was explained to him that he was restricted to the hours set out in the application form, albeit that those hours had not been set out in the correct box in the application form.

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

The application was granted, the reasons for the decision being detailed in section 1 above.

Conditions attached to the Licence

Mandatory:

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.

9. Alcohol shall not be sold or supplied except during permitted hours.

In this condition, permitted hours means:

(a) On weekdays, other than Christmas Day, 08:00 to 23:00

(b) On Sundays, other than Christmas Day, 10:00 to 22:30

(d) On Good Friday, 08:00 to 22:30

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

(d) 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.

10. Alcohol shall not be sold in an open container or be consumed in the licenced premises.

11. A personal licence holder will be physically present on the premises at all times.

12. Persons operating the tills/points of sales are sent on courses and take and pass their BIINCPLH certificate.

13. Outside of permitted hours for the sale of alcohol all alcohol within the trading area to be covered with shutters and notices be placed on the shutters making clear to customers that the alcohol section is closed.

14. No display of any alcohol will be sited outside the shuttered area.

15. New scanners now recognise the sale of alcohol and instigate a two-tier reminder. There is also a red till prompt staff to check ID.

16. Refusal books now records when a customer has been challenged to produce ID.

17. Regular training sheet require staff to confirm their knowledge and acceptance of the rules.

18. A clear and concise policy on the responsible sale of alcohol is in force.

19. No beer, lager and cider with an ABV over 5.5% to be sold at the venue.

20. No self-service of spirits.

21. All licences are correctly displayed with full copies kept on the premises.

22. Notices are in place asking patrons to leave quietly and respect the neighbours.

23. Posters request ID for alcohol purchases.

24. The premises will install and maintain a comprehensive CCTV system that ensures all areas where alcohol is on public display and the point of sale are continually monitored. All cameras shall continually record whilst the premises are open to the public and the recordings shall be kept available for a minimum of 31 days with time and date stamping. Recordings shall be made available to an authorised officer or a police officer together with facilities for viewing. (Subject to the Data Protection Act 1998).

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

26. Signage shall be displayed upon entering the premises, where alcohol is on public display and at the point of sale indicating the permitted hours for the sale of alcohol.

27. The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

28. The supply of alcohol shall be by waiter/waitress service.

29. All windows and external doors shall be kept closed after 21:00 except for the immediate access and egress of persons.

30. Clearly legible notices shall be displayed at the exit requesting patrons to respect the needs of local residents and to leave the premises and area quietly.

31. 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.

32. 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.

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

34. No waste or recycling material (including bottles) shall be moved, removed from or placed in outside areas between 20:00 and 08:30 on the following day Monday to Sunday.

35. No collections of waste or recycling materials (including bottles) from the premises shall take place between 20:00 and 09:00 on the following day Monday to Saturday and between 18:00 and 19:00 on the following day on Sundays.

36. No deliveries to the premises shall take place between 20:00 and 08:00 on the following day Monday to Saturday and between 18:00 and 08:00 on the following day on Sundays.

37. Substantial 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.

38. 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.

39. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

40. The number of seated persons permitted in the premises at any one time (excluding staff) shall not exceed 30 persons.

41. 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.

42. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

43. No licensable activities shall take place at the premises until the premises have 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

44. 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.

45. 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.

46. There shall be no self-service of alcohol on the premises.

47. 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

(d) any incidents of disorder

(e) any faults in the C

(f) any refusal of the sale of alcohol

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

48. 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.

49. There shall be no tables and chairs outside the premises at any time.

50. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be limited to a maximum of 4 persons at any one time.

51. Notices shall be prominently displayed in the designated area immediately in front of the premises for smoking or vaping requesting patrons to respect the needs of local residents and use the area quietly.

Supporting documents:

A Food Story report Redacted, item 1. PDF 5 MB