Agenda item

Top Shop, 214 Oxford Street, London, W1C 1DA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward/ Not in Cumulative Impact Area

Top Shop

214 Oxford Street

London

W1C 1DA

Premises Licence

Variation

18/12260/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 10 January 2019

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Policy Officer:             Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Fitzrovia Neighbourhood Association and one resident

 

Present: Mr David Crank (Agent representing the Applicant), Mr Daniel Bevins (Head of Global Flagship for Topshop/Topman Limited), Ms Philippa Goulde (Legal Counsel) and Richard Brown (representing Fitzrovia Neighbourhood Association and one resident)

 

Top Shop, 214 Oxford Street, WIC 1DA (“The Premises”) 18/12260/LIPV

1.

The variation seeks to amend Condition 10 on the premises licence that currently reads as:

 

Condition 10

 

The supply of alcohol within the basement restaurant area shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

To:

 

Proposed variation

The consumption of alcohol in the restaurant shall only be by a person seated in the restaurant.

 

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 Top Shop/Top Man Limited (“the Applicant”) for a variation to the Premises licence in respect of Top Shop, 214 Oxford Street, W1C 1DA.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She advised that the application was for a variation of a Premises licence to amend Condition 10 so that ‘the consumption of alcohol in the restaurant area shall only be by a person seated in the restaurant’.  The Sub-Committee noted that representations had been received from the Fitzrovia Neighbourhood Association and one resident; also that the Premises was not located in a cumulative impact area. 

 

Mr Daniel Bevins (Head of Global Flagship for Topshop/Topman Limited) advised that the Premises was in its entirety a retail store and the Premises occupied the ground floor together with three floors above ground and then two at basement levels.  Mr Bevin explained that the café was a very vibrant place where people met and stopped off during their shopping journey, the average spend was around £14 per customer and the maximum capacity was100 covers although there were 70 at present.  The Sub-Committee was advised that the Premises would first and foremost remain a shopping environment and a clothing retail destination and this was borne out by the fact that some 150,000 customers visited the Premises on a weekly basis to shop. The café took up a small part of the overall footprint of the store, was in the basement and had no direct access from the street.  Mr Bevins then gave details of the ‘Pop Up Events’ that Topshop had held in their store to promote clothing lines using Temporary Event Notices (TEN), which had all been managed successfully without incident.  The Sub-Committee noted that the Applicant wished to offer customers a full shopping experience that included the option to take a break for lunch or a drink before continuing their shopping trip. The Sub-Committee was informed that the footprint of the Premises was such that it could take up to two hours for its customers to walk around.

 

Mr Crank (Agent representing the Applicant) explained that there had been an error on the original application for a Premises licence that was discovered during discussions with the Responsible Authorities. Mr Crank informed the Sub-Committee that this error only allowed the licence to be granted with the Model Restaurant Condition 66.  Mr Crank advised it was never the Applicant’s intention to have this condition imposed on the licence and requested that it now be removed so it was not a requirement that alcohol be only served to those taking a table meal, hence the submission of this variation application. The Sub-Committee noted that the previous application for a premises licence was granted under delegated powers on the 11 September 2018.   Mr Crank further advised that the Metropolitan Police and Environmental Health had agreed that customers would have to remain seated when consuming alcohol in the restaurant.  Mr Crank explained that the store already had its own security staff and a high standard of CCTV monitoring and recording, there was no self-service in the café and everyone remained seated in the café.  He emphasised that the Premises would remain a shopping destination and that this small change to the café would improve Topshop’s overall offer to their customers.  He advised that the requested hours were well within the City Council’s Core Hours Policy.

 

Mr Crank referred to the Premises plans and confirmed that there were no plans to build a direct access to the café now or in the future because that would require a complete reconfiguration of the Premises.  He explained that customers entered the Premises through the main doors on the ground floor and had to use the escalators to reach the café located in the basement.  He further confirmed that the cafe would not accept private party bookings and that the café was there to enhance the customer’s shopping experience for those customers who wanted to take a break and have a drink without the requirement that food is ordered and eaten as part of a meal because this was too restrictive for customers.  It was further submitted that the reference to using the café as a “bar” was not the Applicant’s intention because as has been stated this is not the business model it wishes to promote nor its branding. It was further, reiterated that the Premises was a clothing retailer and not a Premises that would be alcohol led. 

 

Mr Brown (representing Fitzrovia Neighbourhood Association and one resident) advised that residents were concerned that the Premises would turn into a bar if the restaurant condition was removed from the licence and the noise nuisance and anti-social behaviour this might cause in the late evenings and at night in the Oxford Street area.  Mr Brown explained that if alcohol was to be permitted to be consumed without a table meal, this should only be allowed to 8pm and that after 8pm, the sale of alcohol should be ancillary to a table meal. He added that there should also be a capacity limit placed on the café.  He advised that the Premises was located on the boundary of the cumulative impact area. 

 

In response to Mr Brown’s suggestion to allow the sale of alcohol without a table meal up to 8pm, Mr Bevins confirmed that the café did become quieter after 8pm but that Topshop would like the flexibility of being able to offer all their customers the same facilities and opportunity throughout the day/evening.  He advised that the Premises was busy throughout the week with Saturday being its busiest day.  Mr Bevin advised that the café would always be a food led establishment and it would be promoted as a café/restaurant situated inside of Topshop because that was the business model and brand. 

 

The Sub-Committee after careful consideration of all the evidence and in light of the promotion of the licensing objectives concluded on balance that it was appropriate and proportionate to relax Condition 10 until 22.00hrs.  The Sub-Committee agreed that Condition 10 on the premises licence would now be amended to read as follows:

 

‘The sale and consumption of alcohol in the basement restaurant area marked SB2 and shown coloured hatched purple on the premises plan shall only be to persons seated in the restaurant until 22:00 hours and thereafter from 22:00 the sale and consumption of alcohol shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal’. 

 

The Sub-Committee noted the concerns of the residents and the character of the Premises from the Applicant, and based on the written and oral evidence presented to the Sub-Committee by all parties it was persuaded that the Premises would remain a clothing retail destination and on that basis, the licensing objectives would not be undermined. The Sub-Committee further noted that the security and management arrangements in place at the Premises that included SIA security guards and CCTV helped further promote both, the public nuisance and crime and disorder licensing objectives. The Sub-Committee also noted that the management would not allow the booking of private parties.  Based upon the submissions it had heard from the Applicant considered it to be a professional operator that would adhere to its licence conditions and promote the licensing objectives.

The Sub-Committee in its determination of the matter took comfort from the fact that Condition 9 on the Premises Licence states that “The Premises shall be used primarily as a retail department store and the provision of licensable activities shall remain ancillary to the main use of the premises as a retail department store”. The effect of this Condition 9 already restricts the use of the Premises in a particular way as far as licensable activities are concerned, and so was not, adverse, to varying Condition 10, accordingly. The Sub-Committee took the view overall that granting the application, would, inter alia promote the licensing objectives as well as enhance the shopping experience for those customers using the Premises in the terms outlined above by the Applicant.

The Sub-Committee advised that the Council puts special emphasis on developing the evening and night-time economy, as well as supporting its world-leading high streets, and the Sub-Committee considered that this decision accurately reflects and supports these ongoing commitments.

 

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;

 

(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.

 

 

Annex 2 – Conditions consistent with the operating Schedule

 

9.         The premises shall be used primarily as a retail department store and the provision of licensable activities shall remain ancillary to the main use of the premises as a retail department store.

 

10.       The sale and consumption of alcohol in the basement restaurant area marked SB2 and shown coloured hatched purple on the premises plan shall only be to persons seated in the restaurant until 22:00 hours and thereafter from 22:00 the sale and consumption of alcohol shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal’. 

 

11.       At all times that the premises are open and offering alcohol for sale, food and non-intoxicating beverages, including drinking water, shall be available in the premises.

 

12.       There shall be no self-service of alcohol.

 

13.       All alcohol sales shall cease 30 minutes before the store closes.

 

14.       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.

 

15.       Where the premises operate a temporary "pop-up" installation for the sale of alcohol at the premises these shall be for a period of less than sixteen weeks and such ''pop up'' installation will not involve the creation of any permanent structures. The Premises Licence holder or their representative shall carry out an event management plan/risk assessment including a layout plan in respect of each "pop-up" installation. Records of such event management plan/risk assessment shall be made available to the Police Licensing Officer and the Environmental Health Consultation Team on request. Such records shall be available at least one month following the closure of each ''pop up'' installation.

 

16.       All drinking vessels used in the ''pop up'' installation shall be polycarbonate and all drinks in glass bottles are to be decanted into polycarbonate containers.

 

17.       All alcohol provided during a ''pop up'' installation shall be consumed within the immediate area of the ''pop up'' installation as defined on the layout plan.

 

18.       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 provided during a ''pop up'' installation is secured in a locked store room or locked cabinet so as to prevent access to the alcohol by the public.

 

19.       All tills used within a ''pop up'' installation shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

20.       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.

 

21.       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.

 

22.     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, which 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.

 

Supporting documents: