Agenda item
The Riding House Cafe, 43 Great Titchfield Street, W1
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 9 October 2014
Membership: Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Relevant Representations: Environmental Health, 1 local resident in support and 1 local resident objecting to application.
Present: Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Mr Alex Winchester (Applicant Company) and Ms Cliona Coleman and Mr Dave Nevitt (Environmental Health).
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The Riding House Café, 43 Great Titchfield Street, W1 14/06493/LIPV |
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1. |
To vary hours permitted for the showing of films: |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Riding House Café operates as a brasserie on the ground floor with a private dining room in the basement. The application was to extend the terminal hours permitted for licensable activities until midnight Monday to Thursday, until 01:00 Friday to Saturday and until 23:30 on Sunday. Mr O’Maoileoin, representing the Applicant, stated that he appreciated that the extension of hours exceeded those in the Council’s Core Hours policy but made the point that he believed the conditions promoted the licensing objectives. There was a condition on the existing licence that after 23.00 alcohol would be ancillary to a substantial bar snack or table meal, so as to include patrons who were waiting to dine or had already dined. He had agreed all of Environmental Health’s proposed conditions for the current application which included that doors and windows would be kept closed after 23:00 hours, there would be a maximum of ten smokers permitted outside at any one time and waste or bottles would not be moved between 23:00 and 08:00 hours the following day. A capacity condition had been agreed of 190 people on the ground floor and 18 in the basement. Mr O’Maoileoin added that there had been no noise complaints in respect of the premises.
Ms Coleman advised the Sub-Committee that Environmental Health’s representation had been maintained due to the fact that although The Riding House Café was not located in a stress area, the proposed trading hours were beyond Core Hours. The Riding House Cafe did not cause concerns for the Council and was food led.
The Sub-Committee noted Mr Wroe’s advice. The Riding House Café was not strictly a restaurant as defined in the policy. Alcohol was ancillary to a bar snack or those who had dined only after 23:00 hours. The Riding House Café is not located in one of the Council’s designated stress areas so there was no policy presumption against the application.
In response to questions from the Sub-Committee, Mr O’Maoileoin clarified that his client was not seeking takeaway of food after 23:00 hours and was content to have a condition attached to the licence to this effect. His client was also content to amend one of the conditions agreed with Environmental Health so that all windows and external doors would be kept closed after 21:00 hours (rather than 23:00 hours), or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
The Sub-Committee decided to grant the application as Members considered that the conditions attached to the licence, including those proposed by Environmental Health for the current application which had been agreed by the Applicant, would ensure that the premises would continue to promote the licensing objectives.
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2. |
To vary the hours permitted for late night refreshment: Indoors |
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Amendments to application advised at hearing: |
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Mr O’Maoileoin clarified that his client was not seeking takeaway of food after 23:00 hours and was content to have a condition attached to the licence to this effect.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
To vary the hours permitted for the sale of alcohol: On and Off |
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Amendments to application advised at hearing: |
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None. |
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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4. |
To vary the opening hours: |
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Amendments to application advised at hearing: |
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None. |
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Decision (including reasons if different from those set out in report): |
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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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children;
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on;
(i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring;
(e) 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.
5. The responsible person shall ensure that no alcohol is dispensed 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).
6. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
8. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
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.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
Additional Conditions
10. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
11. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 New Year's Day.
12. Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.
In this condition, permitted hours means:
(a) On Monday to Thursday 10:00 to midnight; (b) On Friday to Saturday 10:00 to 01:00 (c) On Sunday 12:00 to 23:30 (d) On Sunday before Bank Holiday 12:00 to 00:00 (e) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day.
NOTE - The above restrictions do not prohibit:
(a) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(c) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;
(e) the taking of alcohol from the premises by a person residing there;
(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;
(g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
13. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which give rise to a nuisance.
14. There shall be no speakers situated or amplification of music or sound within the entrance lobby on the ground floor.
15. The highway and public spaces in the vicinity of the premises shall be kept free of litter from the premises at all materials times to the satisfaction of the Council.
16. All litter and sweepings shall be collected and stored in accordance with the approved refuse storage arrangements.
17. Notices shall be prominently displayed at the ground floors exits requesting the public to respect the needs of local residents and to leave the premises and area quietly.
18. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
19. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
20. 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.
21. There shall be a personal licence holder on duty at the premises at all times when the premises are open and authorising the sale of alcohol.
22. After 23:00 hours, alcoholic beverages must only be served in the ground floor dining room or in the basement private dining room as ancillary to a substantial bar snack or full table meal or to patrons waiting to dine or having dined.
23. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
24. No deliveries shall be taken at or dispatched from the site outside the hours of 09:00 and 18:00 Mondays to Saturdays and not at any time on Sundays of Bank or Public Holidays.
25. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal after 23:00.
26. All tables and chairs outside the premises shall be removed by 21:00.
27. All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
28. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 10 persons at any one time.
29. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
30. 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.
31. The number of persons accommodated at any one time (excluding staff) shall not exceed:
· Basement Dining Room 18 persons · Ground Floor 190.
32. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.
Additional mandatory condition:
A. (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.
(ii) For the purposes of the condition set out in paragraph 9(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.
(iii) Where the permitted price given by Paragraph 9(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.
(iv) (1) Sub-paragraph 9(iv)(2) below applies where the permitted price given by Paragraph 9(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.
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Supporting documents:
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