Agenda item
30 - 32 Foubert's Place, London, W1F 7PS
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 10th October 2019
Membership: Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum
Legal Adviser: Horatio Chance
Committee Officer: Sarah Craddock
Policy Officer: Kerry Simpkin
Presenting Officer: Kevin Jackaman
Relevant Representations: Licensing Authority and the Soho Society
Present: Jack Spiegler (Solicitor, representing the Applicant), Mesut Baki Efe (Project Manager on behalf of the Applicant) and Karyn Abbott (Licensing Authority).
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30-32 Foubert’s Place, London, W1F 7PS (“The Premises”) 19/09717/LIPN
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1. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations / Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
On Sundays immediately prior to bank holidays to 00:00 (closing 00:30)
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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):
The Sub-Committee considered an application by Zahter Limited (“The Applicant”) for a new premises licence in respect of 30-32 Foubert’s Place, London, W1F 7PS.
The Presenting Officer introduced the application. He advised that the Licensing Authority had maintained their representation on policy grounds. The Soho Society had also made a representation and had proposed conditions to be added to the licence. The Premises are located in the West End Ward and in the West End Cumulative Impact Area.
Mr Jack Spiegler, representing the Applicant, advised that this was a new premises licence for a restaurant to operate over basement, ground, first, second and third floors with an external seating area at street level. The Sub-Committee heard that the Applicant was seeking to permit late night refreshments indoors between the hours of 23:00 to 23:30 Monday to Thursday and 23:00 to 00:00 on Friday and Saturday. It was proposed for the sale of alcohol (on and off sales) to be permitted between 10:00 to 23:30 Monday to Thursday and 10:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sundays. The Sub-Committee noted that the restaurant would have a capacity for 80 persons, that the chef currently running Spitalfields kitchen would be managing the Premises and that the model restaurant condition 66 would be attached to the licence as per condition 9 recorded below.
Mr Spiegler advised that the majority of the proposed conditions had been agreed with the Responsible Authorities except for two conditions regarding waste collection and the external seating area which had been proposed by the Soho Society. He advised that it was important for the business to be allowed to use the outside area until 23:00hrs and not have it rendered unusable at 22:00hrs and that the collection of waste could not take place between 07:00hrs and 21:00hrs as bags of rubbish would have to be brought through the restaurant whilst customers were dinning. The Sub-Committee noted that there were no residents living above or on either side of the Premises.
The Licensing Authority had maintained their representation on policy grounds as the application was outside of Westminster’s Core Hours Policy and because the Applicant needed to demonstrate that they would not add to cumulative impact in the area.
The Sub-Committee welcomed the approach by the Applicant and were content that the application met the promotion of the licensing objectives. The Sub-Committee noted the concerns of the Licensing Authority and the Soho Society regarding deliveries and the use of the external area but considered that it would not be appropriate or proportionate to add the proposed conditions by the Soho Society to the licence.
After taking into consideration all of the evidence before it and the various undertakings given by the Applicant, the Sub-Committee was of the opinion that the conditions imposed on the licence were appropriate and proportionate and would have the overall effect of promoting the licensing objectives. The Sub-Committee considered the application to be an exception to policy that would not lead to negative impact within the West End cumulative impact area and therefore granted the application accordingly
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2. |
Late Night Refreshment – Indoors
Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00
Seasonal Variations / Non-Standard Timings:
From 23:00 on New Year’s Eve to 05:00 on New Year’s Day.
On Sundays immediately prior to Bank Holidays to 00:00 (closing 00:30) |
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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):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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3. |
Hours Premises are Open to the Public
Monday to Thursday: 08:00 to 00:00 Friday to Saturday 08:00 to 00:30 Sunday: 09:00 – 23:00
Seasonal Variations / Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
On Sundays immediately prior to bank holidays to 00:30
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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):
The Sub-Committee granted the application (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.
Conditions imposed by the Licensing Authority after a hearing:-
9. The premises shall only operate as a restaurant:- (i) in which customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only, (iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non-disposable crockery, (iv) which do not provide any take away service of food or drink for immediate consumption, (v) which do not provide any take away service of food or drink after 23.00, and (vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
10. 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.
11. 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.
12. 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.
13. Except for designated external seating areas, all sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
14. 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.
15. 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
16. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed (80) persons.
17. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.
18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. Before the premises are open to the public, the plans deposited with the application (or subsequently substituted plans where there have been changes to layout) will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed.
25. The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal, and where the supply of alcohol is by waiter or waitress service only or alcohol sold in sealed containers for consumption off the premises.
26. 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.
27. There shall be no sales of alcohol for consumption off the premises after 23.00
28. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.’ 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. All external seating be rendered unusable by 23.00.
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Supporting documents:
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