Agenda item

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

Marylebone Ward /Not in Cumulative Impact Area

8 Baker Street London W1U 3AA

New

Premises

Licence

19/14847/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 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.         All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

10.       Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.

11.       No more than (15)% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

12.       Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

13.       There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.

14.       Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors or removed from the sales area so as to prevent access to the alcohol by both customers and staff.

15.       No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

16.       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.

17.       The supply of alcohol for consumption on the premises shall be by waiter or waitress service only.

18.       The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as delicatessen/café

19.       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.

20.       The number of persons permitted in the premises at any one time (excluding staff and retail shoppers) shall not exceed (X) persons.(final figure to be determined on removal of works condition but shall not be more than 60 if there is no increase in the current sanitary accommodation).

21.       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 on request. If there are minor layout changes during course of construction new plans shall deposited with the licensing authority when requesting removal of this condition.

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

23.       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.

24.       A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

25.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

26.       No rubbish, including bottles, shall be moved, removed or placed in outside areas between 19:00 hours and 07:30 hours.

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

28.       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.

29.       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.

30.       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.

31.       There shall be no self service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

32.       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.

33.       There shall be no sales of alcohol for consumption off the premises after (23.00).

34.       No deliveries to the premises shall take place between 23:00 and 07:00 on the  

           following date save that this restriction does not apply to fish, meat, vegetables or   

           dairy or bakery products.  No deliveries, whatsoever shall take place via the loading

           bay at the rear of the premises in Bakers Mews between 19:00 and 07:30 each day.