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Agenda item

Café Monico, 39 - 45 Shaftesbury Avenue, London, W1D 6LA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

4.

West End

Ward/ West End

Cumulative Impact Area

Café Monico

39 - 45 Shaftesbury Avenue

London

W1D 6LA

New

Premises

Licence

19/10048/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10 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

 

Present: Jack Spiegler (Solicitor, representing the Applicant), William Differ (on behalf of Applicant Company) and Karyn Abbott (Licensing Authority)

 

Café Monico, 39-45 Shaftesbury Avenue, London W10 6LA

 (“The Premises”)

19/10048/LIPN

 

1.

Sale by Retail of Alcohol – On 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.

 

 

Amendments to application advised at hearing:

 

None.

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Delfont Mackintosh Theatres Limited (“The Applicant”) for a new premises licence in respect of 39-45 Shaftesbury Avenue, London, W1D 6LA.

 

The Presenting  Officer introduced the application.  He advised that this was an application for a new premises licence for a restaurant, although the Premises already had a premises licence with licensable activities until 01:00 Monday to Saturday and 00:00 Sundays.  He advised that the Licensing Authority had maintained their representation for the new licence on policy grounds.  The premises were located in the West End Ward and within the West End Cumulative Impact Area. 

Jack Spiegler, representing the Applicant, advised that the application was for a new premises licence for a restaurant with ancillary bar area over ground and mezzanine floor levels.  The Sub-Committee heard that the Applicant was seeking to reduce the sale of alcohol to “Core Hours” and that condition 13 of the existing licence would be changed from “holding bar” to “ancillary bar” with the condition being amended.  The Sub-Committee noted that the existing premise licence would be surrendered prior to the new licence taking effect.  The Sub-Committee heard that it was proving difficult for the Applicant to interest people in the Premises and that incorporating a bar area for a capacity of 25 people seated, who would mainly be theatre goers, would encourage a new high-class hospitality business to operate the Premises.  The Sub-Committee noted that that there was already a bar area currently operating at the Premises for persons taking a table meal there and for consumption by such a person as ancillary to their meal.

 

Mr Spiegler referred to Policy HRS1 of the City Council’s Statement of Licensing Policy (“SLP”) and advised that the application be granted under exceptional circumstances due to the application for hours being within core hours and that it would reduce Crime and Disorder or Public Nuisance in the West End Cumulative Impact Area. He further added that the Premises would still operate as a restaurant with a capacity of 200 persons and the model restaurant condition 20 attached to the licence except for this very small bar area. 

 

Ms Karyn Abbott, representing the Licensing Authority, had maintained their representation on policy grounds in accordance with Policies CIPI, HRS1 and PB2.  Policy PB2 states that “the grant of new licences for pubs and bars in the Cumulative Impact Areas should be limited to exceptional circumstances” and it is therefore for the Sub-Committee based on the evidence to determine whether the Applicant has proven  exceptionality as required by the terms of the SLP policy.

 

Mr Spiegler emphasised that customers would be seated in the bar area and advised that any new operator would be encouraged to sell bar snacks to patrons drinking at the bar.  He further emphasised that the reduction in hours to Core Hours should be considered as an exceptional circumstance to policy.

 

After carefully taking into consideration all the evidence before it and the various  undertakings, given by the Applicant, the Sub-Committee was of the opinion that this application was an exception to policy due to the Premises reducing the sale of alcohol to “Core Hours” and that the conditions imposed on the premises licence as agreed by the parties were appropriate and proportionate and would have the overall effect of ensuring the promotion of the licensing objectives .  The Sub-Committee therefore granted the application accordingly.

 

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 the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

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: 08:00 – 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 prior to bank holidays/public holidays until 00:00.

 

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

4.

Recorded Music – Indoors

 

Monday to Thursday: 09:00 to 23:30

Friday to Saturday: 09:00 to 00:00

Sunday 09:00 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.

 

 

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee granted the application (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;

 

(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.

 

9.         No waste orrecyclable materials,including bottles,shallbe moved,removedfrom orplacedin outsideareas between23:00 hoursand 06:00hours onthe followingday.

 

10.     No collection of waste orrecycling materials(including bottles)from thepremises shalltake placebetween 23:00and06:00 hourson thefollowingday.

 

11.     With theexception ofbakery,newspapers, dairyand fruitandvegetable deliverieswhichcan bedelivered from06:00,nodeliveries tothe premisesshalltakeplacebetween23.00 hoursand 08.00hourson thefollowingday.

 

12.     The number of persons (excluding staff) permitted in the premises at any one time shall not exceed:

 

          Ground floor and mezzanine: 200

 

13.     Save for the area hatched blue on the plan:

 

a)          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; and

b)          The supply of alcohol shall be by waiter or waitress service only.

 

14.       In the area hatched blue alcohol will only be sold:

 

a)              to persons who are seated; and

b)             where the number of persons in that area at any time (excl staff) does         not exceed 25.

 

15.       Substantial foodand non-intoxicatingbeverages, includingdrinking water,shall beavailableinall partsof thepremises wherealcoholissoldorsupplied forconsumption onthepremises.

 

 

 

16.       Thepremises shallinstall andmaintain acomprehensive CCTVsystem aspertheminimum requirementsof theWestminster PoliceLicensingTeam.Allentry andexit pointswillbe coveredenabling frontalidentification ofevery personentering inany lightcondition. TheCCTV systemshallcontinually recordwhilst thepremises isopen forlicensableactivities andduringall timeswhencustomers remainonthe premises.All recordingsshall bestored fora minimum periodof 31dayswithdate andtimestamping. Viewingof recordingsshall bemade availableimmediately uponthe requestofPolice orauthorised officerthroughoutthe preceding31 dayperiod.

 

17.       A staffmember fromthepremises whoisconversantwiththe operationof theCCTVsystem shallbe onthe premisesat alltimes whenthepremises isopen.This staffmember mustbeableto providea Policeorauthorised councilofficer copiesof recentCCTV imagesor datawiththe absoluteminimum ofdelaywhen requested.

 

18.       Anoise limitermustbefittedtothe musicalamplification systemset ata leveldetermined byandto thesatisfaction ofan authorisedofficer oftheEnvironmentalHealth Service,Premises Managementso asto ensurethatno noisenuisance iscaused tolocalresidents orbusinesses. Theoperational panelof thenoise limitershallthen besecured bykeyor passwordtothesatisfaction ofofficers fromtheEnvironmental HealthService andaccess shallonly beby personsauthorised bythe PremisesLicenceholder. Thelimiter shallnot bealtered withoutprior agreementwiththe EnvironmentalHealth Service.No alterationor modificationto anyexistingsound system(s)shouldbe effectedwithoutprior knowledgeof anauthorised Officerof theEnvironmental HealthService. Noadditional soundgenerating equipment shallbe usedon thepremises withoutbeing routedthrough thesoundlimiterdevice.

 

19.           No noise shallemanate fromthepremises norvibration betransmitted throughthe structureof thepremises whichgives riseto anuisance.

 

20.           Noticesshall beprominently displayedat allexitsrequesting patronsto respectthe needsof localresidents andbusinesses andleavethe areaquietly.

 

21        Noticesshall beprominently displayedat anyarea usedfor smokingrequestingpatronsto respectthe needsof localresidents anduse thearea quietly.

 

21.           A direct telephonenumber forthe managerat thepremises shallbe publiclyavailableat alltimes thepremises isopen. Thistelephonenumber isto bemade availableto residentsandbusinesses inthevicinity.

 

23.       Allwasteshall beproperly presentedand placedout forcollectionno earlierthan 30minutes beforethe scheduledcollection times.

 

 

24.       Duringthe hoursof operationof thepremises, thelicence holdershall ensuresufficient measuresare inplace toremove andpreventlitteror wastearising oraccumulating fromcustomersinthearea immediatelyoutsidethe premises,andthat thisarea shallbe sweptand orwashed,andlitter andsweepingscollected andstored inaccordance withthe approvedrefuse storagearrangements bycloseof business.

 

25.       Thereshallbe nostriptease ornudity,and allpersons shallbe decentlyattired atalltimes, exceptwhenthepremises areoperating underthe authorityof aSexual EntertainmentVenuelicence.

 

26.       Noadvertisements ofany kind(including placard,poster, sticker,flyer,picture, letter,sign orothermark)thatadvertises orpromotes theestablishment, itspremises, orany ofitsevents, facilities,goodsor servicesshall beinscribedor affixedupon the  surface of thehighway,or uponanybuilding, structure,works, streetfurniture, tree,orany otherproperty,or bedistributed tothe public.

 

27.       Theapprovedarrangements atthepremises, includingmeans ofescape provisions,emergency warningequipment, theelectrical installationandmechanical equipment,shallat allmaterial timesbe maintainedingood conditionandfullworking order.

 

28.       Allemergency doorsshall bemaintained effectivelyself closingand notheld openotherthan byan approveddevice.

 

29.       Curtainsand hangingsshall bearranged soas notto obstructemergency safetysignsor emergencyequipment.

 

30.        Allfabrics, curtains,drapes andsimilar featuresincluding materialsused infinishing andfurnishing shallbe eithernon-combustible orbe durablyor inherentlyflame-retardedfabric. Anyfabrics usedinescape routes(other thanfoyers),entertainment areasor functionrooms, shallbe non-combustible.

 

31.       Anyspecial effectsor mechanicalinstallations shallbe arrangedand storedso asto minimiseany riskto thesafety ofthoseusing thepremises. Thefollowingspecial effectswillonly beused on10 daysprior noticebeing givento theLicensing Authoritywhere consenthasnot previouslybeen given.

 

Dry ice and cryogenic fog

Smoke machines and fog generators

Pyrotechnics including fireworks

Firearms

Lasers

Explosives and highly flammable substances

Real flame

Strobe lighting

 

 

 

32         Challenge 21proof ofage schemeshallbe operatedatthe premiseswherethe onlyacceptable formsofidentificationare recognisedphotographicidentification cards,such asa drivinglicence, passportorproof ofagecard withthe PASSHologram.

 

33            Anincidentlog shallbe keptatthe premises,andmade availableon requestto anauthorised officerof theCity Councilor thePolice,which willrecord thefollowing:

 

a)      allcrimes reportedtothe venue

b)      allejectionsof patrons

c)      any complaintsreceivedconcerning crimeanddisorder

d)      any incidentsof disorder

e)      allseizuresof drugsor offensiveweapons

f)      anyfaults inthe CCTVsystemor searchingequipment orscanning equipment

g)      any refusalof thesale ofalcohol

h)      any visitby arelevantauthority oremergency service

 

34        Patronspermitted totemporarily leaveand thenre-enter thepremises, e.g.to smoke,shallnotbe permittedtotakedrinksor glasscontainers withthem.

 

35        Patronspermitted totemporarily leaveand thenre-enter thepremises, e.g.to smoke,shallbe limitedto 10persons atany onetime.

 

36.       Thelicenceholdershall enterinto anagreement witha hackneycarriage and/orprivate carriagefirmto providetransportfor customers,withcontactnumbers madereadily availabletocustomers whowill beencouraged touse suchservices.

 

37.       Thepremises mayremain openfor thesale ofalcohol andthe provisionof latenightrefreshment fromtheterminalhourfor thoseactivities onNew Year'sEvethrough tothe commencementtime forthoseactivities onNew Year'sDay.

 

38.       No licensable activities shall take place at the premise until premises licence 18/12307/LIPDS (or such other number subsequently issued for the premises) has been surrendered.

 

 

Supporting documents: