Agenda item
Unit 34B, Trocadero, 19 Rupert Street, London, W1D 7PN
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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5. |
St James’s Ward / West End Cumulative Impact Area |
Unit 34B, Trocadero, 19 Rupert Street, London, W1D 7PN |
New Premises Licence |
18/16233/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 14th February 2019
Membership: Councillor Murad Gassanly (Chairman), Councillor Jim Glen and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Kerry Simpkin
Committee Officer: Tristan Fieldsend
Presenting Officer: Michelle Steward
Relevant Representations: Environmental Health and the Licensing Authority
Present: Mr Gary Grant (Counsel, representing the Applicant), Mr Yuk Chun Wong (Applicant), Mr Dave Nevitt (Environmental Health) and Miss Roxsana Haq (Licensing Authority)
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Unit 34B, Trocadero, 19 Rupert Street, London, W1D 7PN (“The Premises”) 18/16233/LIPN
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1. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Sunday: 10:00 to 01:30
Seasonal Variations/Non-Standard Timings:
The permitted hours for the sale by retail of alcohol shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing:
The Sub-Committee was advised by the applicant that the hours for the sale by retail of alcohol had been amended to:
Monday to Saturday: 10:00 to 01:00 on the day following Sunday: 10:00 to 23:30
It was also noted that the provision of off sales had been withdrawn.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Skewer and Beer Ltd (“The Applicant”) for a new premises licence in respect of Unit 34B, Trocadero, 19 Rupert Street, London, W1D 7PN.
The Licensing Officer introduced the application and confirmed that the Police had withdrawn their representation following the applicant’s agreement to reduce the terminal hour for the sale by retail of alcohol and late night refreshment.
Mr Grant, representing the applicant, provided the Sub-Committee with clarification on what hours were now being requested. The application was being reduced so that the terminal hour for alcohol and late night refreshment would be restricted to 01:00 hours Monday to Saturday. The terminal hours for licensable activities on Sundays would also be reduced to 23:30 hours. It was now also intended to restrict the closing hour for the Premises to 01:30 Monday to Saturday and 00:00 on Sundays. The Premises currently benefited from a premises licence that permitted the sale of alcohol to 00:00 Monday to Saturday and therefore, the application was only seeking a one-hour extension. The hours for Sunday were actually a reduction in the current hours permitted for late night refreshment. Following these amendments to the application, the Police had withdrawn their representation.
Mr Grant informed the Sub-Committee that the applicant was a very experienced operator who had operated premises within the West End for several years. As such, the applicant was very aware of the sensitive nature of the area. The application was to provide a communal dining experience where customers effectively cooked their own food. It was a sociable form of dining with customers spending in the region of 2 to 3 hours at the restaurant. Approximately 70% of customers were Chinese with the other 30% being formed mainly of post theatre attendees. The Sub-Committee was advised that the application was seeking the extension in hours as Chinese customers tended to eat later in the evening and they were currently being asked to leave before they had finished their meals due to the current permitted hours. The extension would provide a better customer experience and allow customers to finish their meals at a more comfortable pace.
Mr Grant explained how the application could be considered an exception to policy as it was proposed to include the full model restaurant condition on to the licence. The Premises was not a bar with only a maximum capacity of 60 customers permitted. The current licence would be surrendered if the Sub-Committee was minded to grant the application. It was also proposed to include a series of modernised conditions on to the licence that would ensure the Premises would not add to cumulative impact. These conditions would:
Mr Grant advised that the proposed conditions provided a level of control over the Premises, which did not currently exist. The Sub-Committee also noted that the 24-hour provision for hotel residents and their bona fide guests of the Trocadero development had now been withdrawn. The Sub-Committee was advised that the applicant had also successfully operated several Temporary Event Notices (TENs) at the Premises to the hours requested without any issues arising.
Mr Nevitt, representing Environmental Health, confirmed that the hours applied for in the application had been reduced. The proposed additional conditions were considered satisfactory, in particular the full model restaurant condition. The capacity of 60 at the Premises was considered acceptable and there would be no provision for external seating. The Premises had no history of complaints, even during the operation of the TENs, and was not considered a cause for concern. The Sub-Committee had to decide if the proposed restrictions on the licence were sufficient to permit the extension in hours considering the Premises was located in a Cumulative Impact Area (CIA).
Ms Haq, representing the Licensing Authority, confirmed that their representation was maintained as the application was seeking hours outside the core hours policy and the Premises was located within a CIA.
In response to question from the Sub-Committee Mr Grant advised that any conditions on the licence relating to hotel residents could be deleted. To provide further reassurance to the Sub-Committee and stakeholders it was also confirmed that the provision of off sales of alcohol would be withdrawn from the application.
The Sub-Committee carefully considered the application and noted that it was seeking to extend the hours permitting the sale by retail of alcohol and late night refreshment in a CIA. It was considered however, that with the addition of the full model restaurant condition the Premises could be considered a restaurant and would not become a drink-led establishment. As such, there was no presumption to refuse the application and further reassurance was provided due to there being no increase in capacity, no use of external areas and restrictions placed on smokers. The hours originally proposed had been scaled back following discussions with the responsible authorities and it was noted that the Police had subsequently withdrawn their representation.
The Sub-Committee was also pleased to note that the provision of off sales had been withdrawn from the application along with the 24-hour element for hotel residents of the Trocadero development. The other additional conditions proposed were welcomed and provided restrictions on the licence that did not exist on the current licence. Therefore, even though the Premises was located within a CIA the proposed conditions, the nature of the operation and the conditions offered by the applicant were restrictive enough to ensure that the Premises would not add to cumulative impact in the CIA,was suitable for the local area and ultimately promoted the licensing objectives. The Sub-Committee therefore granted the application accordingly.
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2. |
Sale by Retail of Alcohol: (Hotel Residents and their Bona Fide Guests) – On and Off Sales
Monday to Sunday: 00:00 to 00:00
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Amendments to application advised at hearing:
The Sub-Committee was advised that the applicant had withdrawn this element of the application.
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3. |
Late Night Refreshment – Indoors and Outdoors
Monday to Sunday: 23:00 to 01:30
Seasonal Variations/Non-Standard Timings:
The permitted hours for late night refreshment shall be extended from 01:30 to 05:00 on New Year’s Eve to the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing:
The Sub-Committee was advised by the applicant that the hours for late night refreshment had been amended to:
Monday to Saturday: 23:00 to 01:00 on the day following Sunday: 23:00 to 23:30
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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4. |
Late Night Refreshment: (Hotel Residents and their Bona Fide Guests) – Indoors and Outdoors
Monday to Sunday: 23:00 to 05:00
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Amendments to application advised at hearing:
The Sub-Committee was advised that the applicant had withdrawn this element of the application.
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5. |
Hours Premises are Open to the Public
Monday to Sunday: 10:00 to 02:00 on the following day
Seasonal Variations/Non-Standard Timings:
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. |
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Amendments to application advised at hearing:
The Sub-Committee was advised by the applicant that the opening hours for the Premises had been amended to:
Monday to Saturday: 10:00 to 01:30 on the day following Sunday: 10:00 to 00:00
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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6. |
Hours Premises are Open to the Public (Hotel Residents and their Bona Fide Guests)
Monday to Sunday: 10:00 to 02:00
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Amendments to application advised at hearing:
The Sub-Committee was advised that the applicant had withdrawn this element of the application.
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Conditions attached to the Licence |
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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) 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 (except chopsticks), (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. During the hours of operation 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.
11. 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 preceding 31 day period.
12. A staff member from the premises who is conversant with the operation of the CCTV shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
13. 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 refusal of sale of alcohol.
14. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is old or supplied for consumption on the premises.
15. The number of persons accommodated at the premises (excluding staff) shall not exceed 60 customers.
16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the area quietly.
17. All entrance doors and windows to be kept closed after 23:00 hours except for immediate access and egress of persons.
18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection times.
19. Loudspeakers shall not be located in the entrance lobby or outside the premise building.
20. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
21. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours.
22. 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 unless seated in an authorised external area.
23. The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
24. A direct telephone number for the manager at the premises shall be publically available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
25. A challenge 25 proof of age scheme shall be operated at the premise 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.
26. There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.
27. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.
28. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 6 persons at any one time.
29. No licensable activities shall take place at the premises until premises licence 18/11417/LIPVM (or such other number subsequently issued for the premises) has been surrendered.
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Supporting documents:
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