Agenda item - Gaza Cafe, Basement and Ground Floor, 47 Greek Street, London, W1D 4EF

Gaza Cafe, Basement and Ground Floor, 47 Greek Street, London, W1D 4EF

Meeting of Licensing Sub-Committee (2), Thursday 25th July, 2019 10.00 am (Item 4.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

West End Ward/ West End Cumulative Impact Area

Gaza Cafe

Basement and Ground Floor

47 Greek Street

London

New Premises Licence

19/06212/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: Metropolitan Police, Environmental Health and the Licensing Authority.

Present: PC Bryan Lewis (Metropolitan Police), Sally Fabbricatore (Environmental Health) and Karyn Abbot (Licensing Authority).

Gaza Café, Basement and Ground Floor (“The Premises”) 19/06212/LIPN
1.	Sale by Retail of Alcohol [On sales only]
	Monday to Saturday: 12:00 to 23:00 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 agreed to hear the application in the Applicant Company’s absence. This was an application for a new premises licence in respect of a premises that intends to trade as a café. It has applied to sell alcohol for consumption on those premises until 23.00 hours (22.00 on a Sunday). The applicant company has agreed most of the conditions that have been proposed by Environmental Health; it has agreed to withdraw the application for recorded music; and it has accepted that the sale of alcohol for consumption o the premises must be ancillary to some kind of food provision. Sally Fabbricatore (Environmental Health) addressed the Sub-Committee and confirmed that she had undertaken a site visit to the premises, although the Applicant Company was not present at the time. She had sought confirmation on how the Applicant Company wished to operate and whether substantial food would be provided. Some products offered, such as rice burgers, were in her view substantial, however others, such as snacks, were not. Sally Fabbricatore confirmed that the Applicant Company had agreed to all the conditions that she had requested in respect of public nuisance and a capacity limit. However, she was maintaining her representation because further clarification was needed from the Applicant Company to explain how they would adhere to the conditions and in particular to the model restaurant condition MC66. Sally Fabbricatore added that an email from the Applicant Company had appeared to confirm that they intended to operate as a restaurant, hence her request for MC66. The Applicant Company was also to advise her as to when they would operate as a licensable restaurant. PC Bryan Lewis (Metropolitan Police) advised that he was awaiting the Applicant Company’s agreement of the conditions he had requested and so was maintaining his representation. Karyn Abbot (Licensing Authority) informed the Sub-Committee that she had undertaken a site visit of the premises, however she had not spoken to the Applicant Company during the visit. The application was within core hours and the Applicant Company had agreed the model restaurant condition MC66. Karyn Abbot advised that the application for recorded music had been withdrawn as it was not necessary to apply for this where recorded music would cease by 23:00. The Sub-Committee noted that the premises will continue to operate as a café until the premises licence had been received and the appropriate works had taken place. Members asked if the manager present on the premises when the site visit had been undertaken understood the conditions that the Applicant Company had agreed to. In respect of the conditions requested by the Police, including conditions relating to CCTV, the Sub-Committee asked if checks would be taken to ensure that these would be adhered to as the Applicant Company was yet to formally agree to the Police conditions. In reply to issues raised by the Sub-Committee, Sally Fabbricatore felt that the manager and the Applicant Company had understood the difference between a café and a restaurant and they had agreed to the model restaurant condition MC66. In addition, the emails from the Applicant Company had indicated that they intended to operate as a restaurant. Sally Fabbricatore and PC Bryan Lewis both agreed to ensure that the Applicant Company adhered to the conditions, including the Police conditions, after the licence was in force. Barry Panto (Legal Adviser) asked whether model condition MC38 which required that the supply of alcohol shall only be to a person seated taking a table meal and ancillary to their meal may be more appropriate as opposed to the model restaurant condition MC66, in view of concerns that the Applicant Company may not be able to meet the requirements of MC66. He added that if MC38 was added as opposed to MC66, the application would still not be contrary to policy. In reply, Sally Fabbricatore advised that Karyn Abbot had suggested MC38 to the Applicant Company, however they had maintained their intention to operate as a restaurant and to agree to MC66. Sally Fabbricatore added that at the moment, the premises did not comply with MC66, however she would be satisfied for this condition to be replaced by MC38. Karyn Abbot also confirmed that she would be satisfied with MC38 replacing MC66. The Sub-Committee granted the application, subject to MC38 replacing MC66 as there were concerns that the Applicant Company may not be able to adhere to MC66, and MC38 would also not be contrary to policy. The granting of the application was also subject to conditions proposed by the Police. The members of the Licensing Sub-Committee were satisfied that the granting of the application would not add to cumulative impact subject to the applicant complying with the conditions in full. In determining the application, the Sub-Committee noted that the proposed hours for licensable activities were within core hours and that no representations had been received from any local residents or resident’s associations. 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.	Recorded Music [Indoors Only]
	Monday to Saturday: 12:00 to 23:00 Sunday: 12:00 to 22:30
	Amendments to application advised at hearing: The Sub-Committee was advised at the hearing that the application for recorded music had been withdrawn by the Applicant Company as it was not necessary for such an application to be made where recorded music would only be provided up to 23:00.
	Decision (including reasons if different from those set out in report): Application withdrawn.
3.	Hours premises are open to the public
	Monday to Saturday: 12:00 to 23:00 Sunday: 12:00 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 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. There shall be no self service of alcohol.

11. 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.

12. 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.

13. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

14. 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.

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

16. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 07.00 hours on the following day.

17. No deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.

18. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 hours on the following day.

19. 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.

20. 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.

21. 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.

22. The number of seated persons (excluding staff) shall not exceed 45 persons on both the ground floor and basement of the premises.

23. 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 there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

24. 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.

25. 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.

26. 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.

27. 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:

i. all crimes reported to the venue

ii. all ejections of patrons

iii. any complaints received concerning crime and disorder

iv. any incidents of disorder

v. any faults in the CCTV system, searching equipment or scanning equipment

vi. any refusal of the sale of alcohol

vii. any visitby a relevant authority or emergency service.

Supporting documents: