Agenda item - Basement And Ground Floor, 47 Margaret Street, London, W1W 8SB

Basement And Ground Floor, 47 Margaret Street, London, W1W 8SB

Meeting of Licensing Sub-Committee (2), Thursday 28th March, 2019 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward/ Not in Cumulative Impact Area

Basement And Ground Floor, 47 Margaret Street, London, W1W 8SB

New Premises Licence

18/15982/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 28thMarch 2019

Membership: Councillor Mitchell (Chairman), Councillor Jacqui Wilkinson and Councillor Aicha Less.

Legal Adviser: Barry Panto

Committee Officer: Kisi Smith-Charlemagne

Presenting Officer: Michelle Steward

Relevant Representations: Environmental Health, a local charity and the Fitzrovia Neighbourhood Association (FNA).

Present: Mr Jae Deog Kim (Applicant’s Representative) Mr Byungsung Kim (Applicant) and Mr Anil Drayan (Environmental Health)

Basement and Ground Floor, 47 Margaret Street, London, W1W 8SB (“The Premises”) 18/15982/LIPN
1.	Sale by retail of Alcohol: On sales
	Monday to Thursday: 11:00 to 23:30 Friday to Saturday: 11:00 to 00:00 Seasonal Variations/Non-standard timings: None
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): Ms Michelle Steward (Presenting Officer) confirmed the application, advising the Sub-Committee that this was a new premises licence application. She advised that the Environmental Health (EH) Services and Metropolitan Police made representations, however the Police had since withdrawn their representation as their proposed conditions had been agreed by the applicant so as to form part of the Operating Schedule. Environmental Health (EH) Services had maintained their representation. Objections to the application had also been received from one local charity representative and from the Fitzrovia Neighbourhood Association, neither of who had attended the hearing. Ms Steward advised the Sub-Committee that the premises were in West End Ward and not in the Cumulative Impact Area (CIA). Mr Jae Deog Kim (The Applicant’s son and representative) informed the Sub-Committee that this was an application for a new premises licence for a premise intending to operate as a Korean restaurant (including takeaway). Mr Jae Deog Kim advised that the premises intended to trade in the basement and ground floor with an ancillary bar in the basement. Mr Jae Deog Kim informed the Sub-Committee that his father was also seeking to provide late night refreshment with the supply and consumption of alcohol being restricted to the basement area of the premises. Mr Drayan from the Environmental Health services addressed the Sub-Committee advising that he had visited the premises and viewed the layout. He informed the Sub-Committee that the basement has a capacity for 30 people seated with storage and back of house facilities. The area shown as a kitchen on the plans was not a kitchen but was also used for storage. Mr Drayan further advised that the ground floor was laid our as shown in the submitted plans. He informed the Sub-Committee that the premises also intended to provide a takeaway service and had A3 planning permission. The Sub-Committee made further inquiries regarding the location of alcohol sales and the nature and operation of the takeaway and delivery element of the business. Mr Drayan explained that the premises would only supply alcohol in the basement ancillary to food as required by conditions that had been agreed with the police (who had consequently withdrawn their objection). Mr Drayan advised that there would be late night refreshment from 23:00, including a takeaway service. The Sub-Committee queried the mode of transport the delivery service would use. Mr Jae Deog Kim informed the Sub-Committee that they had no immediate plans for deliveries after 23:00 and that they were working out the detail for deliveries which might include Deliveroo, however there would be no alcohol deliveries. Mr Drayan advised that the takeaway was a crucial part of the business model but didn’t think that the provision of a delivery service was of similar importance to the applicant. The Sub-Committee sought further information regarding the arrangement for inward deliveries and rubbish removal, having regard to the views expressed by the FNA. Mr Drayan advised the Sub-Committee that the premises was not located in a residential area and indicated that he did not think that there was a need to restrict deliveries. Mr Drayan advised that he was now happy with the application and had no further concerns. The members noted the comments made in the written representations submitted by the local charity representative and the Fitzrovia Neighbourhood Association. The local charity representative had concerns about potential noise from loud music, but it was noted that the application did not include regulated entertainment. There was also a condition on the licence that no noise shall emanate from the premises so as to give rise to a nuisance. The FNA asked for the Council’s full restaurant condition (MC66) to be applied but the Sub-Committee did not think this was appropriate for these premises and a condition had been agreed that the consumption of alcohol had to be ancillary to a table meal. The FNA also expressed concerns about potential delivery services from the premises and wanted the servicing restrictions to apply from 9pm rather than 11 pm. The area was not a highly residential area and the Sub-Committee took account of the views expressed by Mr Drayan regarding servicing and deliveries. The Sub-Committee noted that there were no off-sales of alcohol and decided not to impose any further restrictions regarding the delivery of hot food and drink after 23.00, though it was also noted that the applicant had indicated that there was no intention to have any deliveries after 23.00. The Sub-Committee was also of the view that the servicing hours proposed were appropriate in the circumstances. Having regard to the written representations submitted by the local charity and the Fitzrovia Neighbourhood Association and after carefully considering the evidence heard, the Sub-Committee granted the application with conditions that were considered to be proportionate and appropriate and which promoted the licensing objectives.
2.	Late Night Refreshment: Indoors
	Monday to Saturday: 23:00 to 00:00 Seasonal Variations/Non-standard timings: None
	Amendments to application advised at hearing: None.
3.	Hours Premises Open to the Public
	Monday to Saturday: 11:00 to 00:00 Seasonal Variations/Non-standard timings: None
	Amendments to application advised at hearing: None.

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 consistent with the operating schedule

9. 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.

10. The supply of alcohol shall be by waiter or waitress service only.

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 entire 31 day period.

12. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

13. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

14. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(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.

15. A minimum of one SIA licensed door supervisors shall be on duty at the premises at all times whilst alcohol is on sale at the premises.

16. The consumption of alcohol at the premises shall be limited to the basement only and the capacity in the basement shall not exceed 30 patrons at any one time.

17. 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.

18. 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.

19. All windows and external doors shall be kept closed after 19:00 hours except for the immediate access and egress of persons.

20. 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.

21. 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.

22. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.

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

24. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

25. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 08:00 hours on the following day or alternatively can be as specified on the Council’s website for Commercial Waste collection times for the street.

26. 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.

Supporting documents:

47 Margaret Street Public LSC Report_Redacted, item 2. PDF 963 KB