Agenda item - SAID, 29 Rathbone Place, London, W1T 1JG

SAID, 29 Rathbone Place, London, W1T 1JG

Meeting of Licensing Sub-Committee (2), Thursday 25th July, 2019 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

West End Ward/ Not in Cumulative Impact Area

SAID

29 Rathbone Place

London

W1T 1JG

New Premises

License

19/05826/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 25^th July 2019

Membership: Councillor Tim Mitchell (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki.

Legal Adviser: Barry Panto

Policy Officer: Aaron Hardy

Committee Officer: Toby Howes

Presenting Officer: Kevin Jackaman

Relevant Representations: 1 local resident.

Present: Jeremy Bark (Solicitor, representing the Applicant Company) and Andrea Alinovi (Applicant Company)

SAID, 29 Rathbone Place, London, W1T 1JG (“The Premises”) 19/05826/LIPN
1.	Sale by Retail of Alcohol [On and Off sales]
	Monday to Saturday: 10:00 to 22:30 Sunday: 10:00 to 22:00
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): Kevin Jackaman (Presenting Officer) advised the Sub-Committee that the Applicant Company had agreed a condition with the Police that had been circulated before the meeting that stated that “All off sales of alcohol for consumption off the premises shall be in sealed containers, and shall not be consumed on the premises, save for any such sales to any dedicated tables and chairs area immediately outside and adjacent to the premises.” The Sub-Committee were also informed that the local resident who had made a representation was not present at the hearing, nor had he indicated his intention to do so or otherwise. Jeremy Bark (Solicitor, representing the Applicant Company) then addressed the Sub-Committee and advised that the premises operated as a high quality chocolatier offering Italian chocolate products manufactured in Rome. Seasonal brands, such as Easter eggs, would also be available at appropriate times, and also other products such as hot chocolate were offered. The Applicant Company also operated another similar premises in Broadwick Street. Jeremy Bark advised that the Applicant Company wished to enhance the customer offer by offering alcoholic products, including a chocolate liqueur made in Rome and other alcoholic drinks that complemented the various chocolates on offer. The experience would involve a ‘tasting menu’ to help customers determine what drinks went well with certain chocolates. Jeremy Bark advised that the premises was already in operation and local residents frequently visited the premises. The hours applied for the sale of alcohol were modest and were within core hours Monday to Saturday. Jeremy Bark acknowledged that the commencement hour for the sale of alcohol on Sunday was slightly earlier than core hours, however there were other premises within the vicinity that also commenced sale of alcohol before core hours. Jeremy Bark advised that the Applicant Company had written to the local resident who had made a representation and would be happy to meet with him, however there had been not been much by way of response from the resident since. The Sub-Committee heard that the premises currently employed 12 staff, with around 3 to 5 on duty at any time. There was also a dedicated entrance for deliveries and the Council was contracted to collect waste. The Sub-Committee sought confirmation that the Applicant Company was in agreement with the condition proposed by the Police with regard to off sales of alcohol. On behalf of the Applicant Company, Jeremy Bark confirmed that this condition was agreed with the Police. The Sub-Committee granted the application, subject to the additional condition as requested by the Police in respect of off sales of alcohol. In determining the application, the Sub-Committee noted that the hours applied for were modest and largely within core hours and the premises was not intended to be drink-led. There was a possibility that the use of the premises might change, and the licence granted would allow the premises to be used as a bar. However, the Sub-Committee noted that the premises was not located within a cumulative impact area and the hours were not unreasonable. There was just the one residential objection which the Licensing Sub-Committee had regard to but it was not accepted that the applicant would inevitably cause disruption to him or add to any nuisance that he claimed to be experiencing from other licensed premises. If any future use did have such an impact there would always be the possibility of seeking a review of the licence. The Sub-Committee also considered that the conditions to be added to the premises licence would help the Applicant Company to uphold the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm).
2.	Hours premises are open to the public
	Monday to Saturday: 08:00 to 23:00 Sunday: 10:00 to 22:30
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): Granted, subject to conditions as set out below (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.

Additional Conditions

9. 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.

10. 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 to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

11. 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

(d) any incidents of disorder

(e) any faults in the CCTV system or searching equipment or scanning equipment

(f) any refusal of the sale of alcohol

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

12. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

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

14. 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.

15. The licence holder shall ensure that all cashiers and relevant staff are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) for evidence of age. This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced.

16. All cashiers and relevant staff will receive refresher training on relevant alcohol laws and the licence holder's policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority.

17. No noise or odour shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

18. Notices shall be prominently displayed at the exit/entrance requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

19. No rubbish, including bottles, will be moved, removed or placed in outside areas between 23:00 and 08:00 hours.

20. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and /or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

22. All sales of alcohol for consumption off the premises shall be in sealed containers, and shall not be consumed on the premises, save for any such sales to any dedicated tables and chairs area immediately outside and adjacent to the premises.

Supporting documents:

SAID Report_Redacted, item 3. PDF 677 KB