Agenda item
Les Filles, Ground Floor, 27 Craven Terrace, London, W2 3EL
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No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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2. |
Lancaster Gate Ward/ Not in Cumulative Impact Area |
Les Filles Ground Floor 27 Craven Terrace London W2 3EL |
Premises License Variation |
19/07779/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 22nd August 2019
Membership: Councillor Murad Gassanly (Chairman), Councillor Louise Hyams and Councillor Shamim Talukder
Legal Adviser: Barry Panto
Policy Officer: Aaron Hardy
Committee Officer: Toby Howes
Presenting Officer: Kevin Jackaman
Relevant Representations: A residents’ association and a local resident.
Present: Richard Marshall-Duffield (Agent, representing the Applicant Company), Hayet Zaame (Applicant Company), Sonia Zaame (Applicant Company) and John Zamit (South East Bayswater Residents’ Association).
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Les Filles, Ground Floor, 27 Craven Terrace, London, W2 3EL (“The Premises”) 19/07779/LIPV
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1. |
Sale by Retail of Alcohol
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Current: Proposed:
On sales: On and off sales:
Monday to Saturday: 11:00 to 23:00 Monday to Saturday: 11:00 to 23:00 Sunday: 12:00 to 22:30 Sunday: 12:00 to 22:30
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
Richard Marshall-Duffield (Agent, representing the Applicant Company) began by stating that the premises operated as a small café. The Applicant Company also operated another premises in Hampstead. The main variation in the application was to be permitted to provide off sales of alcohol. The Applicant Company had addressed the concerns raised by the Police and Environmental Health, who had both withdrawn their representations after agreeing conditions with the Applicant Company. The Applicant Company had attempted to make contact with the local resident who had made representations on the application.
The variation to be permitted to undertake off sales of alcohol had been proposed as the Applicant Company wished to improve the customer offer. All off sales of alcohol would be in sealed containers and there were no proposals to change the layout of the premises. Richard Marshall-Duffield advised that there was seating outside that was within the demise of the premises (and sales to that area would therefore constitute on-sales of alcohol). The Police had originally proposed a condition stating that sales of alcohol off the premises shall be supplied with, and ancillary to, a take away meal. However, the Applicant Company had felt that this was too restrictive and the Police had since withdrawn this request. Mr Marshall-Duffield explained further that the nature of deliveries was changing and all wine supplied would be sourced exclusively for the premises. In addition, deliveries would be undertaken in a green, low carbon manner.
Mr Marshall-Duffield informed the Sub-Committee that he had spoken to John Zamit (South East Bayswater Residents’ Association) and with Richard Brown (Solicitor, Citizens Advice Bureau) about residents’ concerns and agreement had been reached on most conditions. He reiterated the Applicant Company’s opposition to having all off sales of alcohol being ancillary to a take away meal, which John Zamit had also requested as a condition.
John Zamit (South East Bayswater Residents’ Association) then addressed the Sub-Committee and stated that whilst he was keen to work with local businesses for licensing applications, he was reluctant to withdraw his representation where other residents’ objections were maintained. He concurred that most conditions had been agreed with the Applicant Company. On the advice of Richard Brown, Mr Zamit had suggested a condition, listed as condition 35 in the report, stating that there be no off sales of super strength beers, lagers, ciders or spirit mixtures of 5.5% ABV or above, except for premium beers and ciders supplied in glass bottles or cans. He added that it was recognised that some premium products were now sold in cans. He commented that nuisance caused by scooters making deliveries was a problem in Westminster, however it was not currently an issue in this area. Mr Zamit maintained his request that all off sales of alcohol be ancillary to a take away meal and he expressed concern that if this was not agreed, then it could set a precedent.
The Sub-Committee asked if the Applicant Company was in agreement with proposed condition 35 from John Zamit regarding restrictions on beers, lagers, ciders and spirit mixtures above 5.5% ABV. Members commented that it was unusual for food-led establishments to be permitted to supply off sales of alcohol without it being ancillary to food and sought confirmation that the Police had withdrawn their request for such a condition. Members expressed concern that if the premises was permitted off sales of alcohol without it being ancillary to food, then if the premises was subsequently sold on, it would have the ability to operate as an off licence.
In reply to issues raised by the Sub-Committee, Richard Marshall-Duffield agreed on behalf of the Applicant Company to proposed condition 35 in the report in respect of restrictions on beers, lagers, ciders and spirit mixtures above 5.5% ABV. With regard to off sales of alcohol, he stated that the responsible authorities had not objected to this activity being without the need to also provide food. Whilst the Police had initially proposed that off sales of alcohol must be ancillary to a take away meal, Mr Marshall-Duffield confirmed that the Police had subsequently sent an email withdrawing this condition. He stated that there was a demand in the area for a bespoke off sales of alcohol service, and customers may include those staying at a nearby hotel. Other potential custom could come from people hosting an event who wanted a bespoke alcohol delivery service.
The Applicant Company intended to target markets where people were using technology in different ways, such as ordering off sales of alcohol online. Products would only be given to customers once payment had been received and the appropriate ID checks undertaken upon delivery. Mr Marshall-Duffield added that the premises had A1 retail use (rather than A3 restaurant use) and was required to have 75% of its sales through take away, hence the application for off sales of alcohol.
Sonia Zaane (Applicant Company) added that the products they sold could not be found in off licences or supermarkets and were bespoke to the premises.
John Zamit reiterated his opposition to off sales of alcohol being permitted without it being ancillary to food, which would be of even more concern if the premises was sold to another operator.
The Sub-Committee granted the application, subject to one additional condition stating that delivery drivers will be given clear written instructions to use their vehicles in a responsible manner so as not to cause nuisance to residents. It was also agreed, following a brief discussion with Mr Marshall-Duffield, that condition 15 should be amended so that it required a Challenge 25 proof of age scheme to be in place in respect of deliveries of alcohol to ensure that there was no underage sales of alcohol. The Sub-Committee confirmed that condition 35 in the report in respect of restrictions on beers, lagers, ciders and spirit mixtures above 5.5% ABV would be included in the licence, following this being requested by John Zamit on behalf of the South East Bayswater Residents’ Association and Richard Marshall-Duffield agreeing to this condition on behalf of the Applicant Company during the course of the hearing.
In determining the application, the Sub-Committee noted that the application was within core hours and the premises was not located in a cumulative impact area. There was no policy to refuse the application for off-sales of alcohol, especially as the premises was only permitted to operate as a retail shop rather than as a dedicated restaurant. 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).
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2. |
Conditions |
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Condition being amended:
Condition to be added:
All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
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Amendments to application advised at hearing:
None.
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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).
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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.
Additional Conditions
9. Children under 18 shall not be permitted to remain on the premises after 20:00 hrs unless accompanied by an adult.
10. 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.
11. 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 Officer or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
12. The supply of alcohol for consumption on the premises shall only be to a person seated taking a table meal there and for the consumption by such a person as ancillary to their meal.
13. The supply of alcohol for consumption on the premises shall be by Server, Waiter or Waitress service only.
14. 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.
15. 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
16. 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 (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
17. No deliveries to the premises shall take place between 20.30 and 08.00 on the following day.
18. All external tables and chairs shall be rendered unusable after 22:00 hours.
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 oraccumulating 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. Notices shall be prominently displayed at all exits and the outside smoking area requesting patrons to respect the needs of local residents and leave the area quietly.
21. 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.
22. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times
23. All windows and external doors shall be kept closed after 22:00 hours except for the immediate access and egress of persons.
24. 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.
25. A direct telephone number for the premises shall be publicly available at all times the premises is open. The telephone number is to be made available to residents and businesses in the vicinity.
26. The number of seated persons inside the premises (excluding staff) shall not exceed 25 persons.
27. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
28. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20.30 hours and 08.00 hours on the following day.
29. The use of external tables and chairs shall be restricted to the designated area outside marked on the plan.
30. All customers must be off the premises at the end of the permitted hours.
31. There shall be no self-service of Alcohol
34. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.
35. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises for consumption off the premises, except for premium beers and ciders supplied in glass bottles or cans.
36. Delivery drivers shall be given clear written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the licensed premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway. The licence holder shall positively encourage delivery drivers to use quieter vehicles that are less likely to cause a nuisance such as bicycles. |
Supporting documents:
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