Agenda item

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Hyde Park

Ward/ Not in

Cumulative Impact Area

Daisy Green,

2 Canalside Walk

London

W2 1DG

New

Premises

Licence

19/09114/LIPN

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 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 premise 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 dutywere 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.

Conditions attached by the Licensing Authority after a hearing:-  

9.         The licensable activities authorised by this Licence and provided at the Premises             shall be ancillary to the main function of the building as offices.

10.       No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter,             sign or other mark) that advertises or promotes the establishment, its premises, or             any of its events, facilities, goods or services shall be inscribed or affixed upon the             surface of the highway, or upon any building, structure, works, street furniture, tree,             or any other property, or be distributed to the public.

11.       Alcohol shall not be sold or supplied otherwise than to:

a. Directors, partners, officers and employees of the business occupants of the building (and subsidiaries and affiliated companies thereof) and their bona fide guests; and 

b. Persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted. A register of persons attending the event shall be kept at the premises and made available for immediate inspection by police or an authorised officer of the Council.

12.       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.

13.       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 31day period.

14.       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.

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

16.       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.

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

18.       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.

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

20.       No deliveries to the premises shall take place between (23.00) and (07.00) on the             following day.

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.       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.

 23.      A record shall be kept detailing all refused sales of alcohol. The record should             include the date and time of the refused sale and the name of the member of             staff who refused the sale. The record shall be available for inspection at the             premises by the police or an authorised officer of the City Council at all times             whilst the premises is open.

24.       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, searching equipment or scanning equipment             (g)any refusal of the sale of alcohol (h)any    visit by a relevant authority or             emergency service.

25.       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.

26.       There shall be no sales of alcohol for consumption off the premises after   23.00             Monday-Saturday, 22.30 Sunday

27.       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.

28.       The number of persons accommodated at the premises (excluding staff) shall       not             exceed (tbc).

29.       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 and cans.