Agenda item
1 Gillingham Street London SW1V 1HN
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 31October 2019
Membership: Councillor Murad Gassanly (Chairman), Councillor Louise Hyams and Councillor Aziz Toki
Legal Adviser: Horatio Chance
Committee Officer: Georgina Wills
Policy Officer: Aaron Hardy
Presenting Officer: Kevin Jackaman
Relevant Representations: Environmental Health
Present: Somtat Srikaew (Director, Feel Food Limited, Applicant), Dr Judith Rich (Resident) and Dave Nevitt (Environmental Health).
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1 Gillingham Street Report London SW1V 1HE - Copy (“The Premises”) 19/11006/LIPN
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1. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Thursday: 11:00 to 23:00 Friday to Saturday: 11:00 to 23:30 Sunday: 12:00 to 22:30
Seasonal Variations / Non-Standard Timings:
None
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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 Feel Food Limited (“The Applicant”) for a new premises licence in respect of 1 Gillingham Street, London, SW1V 1HN. The Premises were not situated in the Cumulative Impact Area.
Mr Kevin Jackaman, Presenting Officer, introduced the application to the Sub-Committee and advised that it was proposed for the Premises to operate as a restaurant selling hot and cold Japanese cuisine. The Applicant was applying for a premises licence to enable them to sell alcohol for consumption both on and off the premises in addition to their food offering. It was confirmed that the Metropolitan Police Service had withdrawn their representations, following the Applicant’s agreement to the Police’s proposed conditions being added to the operating schedule of the premises licence and reducing the sale of alcohol from 11:00hrs to 23:00hrs to 12:00hrs to 22:30hrs on Sunday.
SomtatSrikaew, (Director, on behalf of the Applicant confirmed that the Premises would serve Japanese food and that the alcohol offered would complement the menu. The Japanese traditional alcoholic beverage Saki would be on the beverage menu. He advised that the Premise would be a high calibre venue and be food led, The Sub-Committee was advised that the Premises would not host parties or in the habit of causing nuisance.
Mr Dave Nevitt, Environment Health Officer, advised that their representation had been maintained due to a local resident and deliveries. He informed that the Premises was a small unit which could accommodate a dozen seats. The main operation was to serve a sit in meal. There will be no takeaways. Mr Nevitt advised that the Premises previously operated as a Chinese take away. He informed the Sub-Committee that the Applicant had agreed for the sale of alcohol to be within core hours and to additional conditions. The Sub-Committee was advised that the Conditions which had been agreed by the Applicant would address the concerns raised by interested parties and promote the licensing objectives.
Following questions from the Sub-Committee, Mr Srikaew advised that deliveries will be undertaken at the main street. Mr Srikaew informed that he was unfamiliar with the area and commented that the Premises would be an improvement to the previous offer. He advised that neighbouring properties will be taken into consideration during the operation of the business. The Sub-Committee was advised that CCTV was to be installed in the Premises. The Sub-Committee commented about difficulties faced in the area and how these concerns had been exasperated by the supply of alcohol being available at ‘Takeaways’
Dr Judith Rich, local resident, advised that she had resided in the locality for over 15 years. She raised concerns about Anti-Social Behaviour and substance misuse that were prevalent in the locality. Dr Rich also commented about car parking spaces and deliveries. The Sub-Committee advised that the City Council had a task force which had been designed to address these overarching concerns. The Sub-Committee noted that the Applicant had agreed to accept the Restaurant Model Condition which required alcohol to be ancillary to a meal. Dr Rich acknowledged that the concerns raised could be mitigated by Conditions which had been proposed by the Responsible Authorities. Mr Srikaew advised that he understood the concerns raised by the resident and would be sensitive to the needs of all local residents. |
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2. |
Hours Premises are Open to the Public
Monday to Thursday: 11:00 to 23:00 Friday to Saturday 11:00 to 23:30 Sunday: 11:00 – 23:00
Seasonal Variations / Non-Standard Timings:
None
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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 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 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. No selling of alcohol to underage people (ID always required)
10. There shall be no drunk and disorderly behaviour on the premises area
11. Vigilance in preventing the use and sale of illegal drugs at the retail area
12. There shall be no violent and anti-social behaviour on the premises
13. CCTV System installed to monitor entrances, exits and other parts of premises in order to address the prevention of crime objective.
14. A clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted. Clear and conspicuous notices warning of potential criminal activity. such as theft, that may target customer will be displayed.
15. There shall be no selling of alcohol to any drunk or intoxicated customer.
16. Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.
17. Prevention and vigilance in illegal drug use at the retails unit area.
18. Staff will be well trained in asking customers to use the premises in an orderly and respectful manner.
19. A log book in recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute and information complied to comply with any public safety condition attached to the premises licence that requires the recording of such information. The log book shall be kept available for inspection when required by persons authorised by the License ACT 203 or associated legislation.
20. Prominent, Clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
21. Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner to prevent nuisance and disturbance to nearby residents.
22. Customers will be asked not to stand around loudly talking in the street outside the premises.
23. Customers will not be admitted on to the premises above opening hours.
24. The movement of bins and rubbish outside the premises will be kept to minimum after 23.00.
25. Any light on or outside the premises will be positioned and screened.
26. Adequate waste receptacles shall be provided in the local Vicinity
27. Challenge 25" sign which is a retailing strategy that encourages anyone who is over 18 but look under 25 to carry acceptable ID (a card bearing the PASS hologram, a photographic driving license or passport) if they wish to buy alcohol.
28. Well trained staff about requirement for persons' Identification, age establishment etc. all the details provided in a training record book available the retails unit.
29. A Log book will be kept at the premises all times. Nothing belong existing Health & Safety requirements
None
30. 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.
31. 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.
32. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
33. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. There shall be no self service of alcohol.
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Supporting documents:
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