Agenda item

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 8^th September 2022

 

Membership:           Maggie Carman (Chairman) Councillor Md Shamsed Chowdhury and Councillor Louise Hyams

 

Officer Support:         Legal Advisor:           Steve Burnett

                                  Policy Officer:            Daisy Gadd

                                  Committee Officer:    Sarah Craddock

                                  Presenting Officer:    Jessica Donovan

 

Present:                   Jack Spiegler – Thomas and Thomas representing, The Applicant

                                Nathan Lowry of the Applicant company.

 

Application for a New Premises Licence in respect of St Christopher’s Wine Shop & Tasting Room 18 - 19 St Christopher's Place London W1U 1NN 22/06226/LIPN

 

FULL DECISION

 

Premises

St Christopher’s Wine Shop & Tasting Room

18 - 19 St Christopher's Place

London W1U 1NN

 

Applicant

1819 ScpLtd

 

Ward

West End

 

CIZ or SCZ

N/A

 

Activities and hours applied for

Sale of Alcohol (On and off)

Mon to Sat 11:00 to 22:30

Sun 11:00 to 22:00

 

Opening Hours

Mondays to Sat 11:00 to 23:00

Sun 11:00 to 22:30

 

Summary of Application

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). According to the application form the premises intends to trade as a Wine shop with on and off sales over ground and basement floors with an external area.

 

Representations Received

Nikki Pybus (Property Director) has made a representation stating that the proposal is incompatible with the area and that the operation will cause noise nuisance inside and outside the premises. The management of smokers, deliveries and refuse collection has not been addressed.

 

Policy Position

HRS1

 

• Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

 

SHP1(A)

·       Applications for a shop outside the West End Cumulative Impact

Zone will generally be granted subject to:

1. The application meeting the requirements of policies CD1, PS1,

PN1 and CH1.

2. The hours for licensable activities are within the council’s Core

Hours Policy HRS1.

3. The operation of any delivery services for alcohol meeting the

council’s Ancillary Alcohol and/or Latenight Refreshment Delivery

Service Policy DEL1.

4. The application and operation of the venue meeting the definition

of a shop in Clause C.

·       C. For the purposes of this policy:

1. A shop is defined as a stall, vehicle, vessel, temporary structure,

building or part of a stall, vehicle, vessel, temporary structure or

building where the primary activity is the sale of goods or services to

customers upon payment.

2. The licensable activities for the sale of alcohol for consumption on

the premises, regulated entertainment and/or late-night refreshment

must be ancillary to the primary use of the premises as a shop.

3. The licensable activity of the sale of alcohol for consumption off

the premises must be an ancillary function to the primary use of the

premises unless that primary use is to sell alcohol for consumption

off the premises, e.g. a traditional off licence.

 

 

 

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer, Jessica Donovan introduced the application to the Committee.

 

The Committee was informed by Mr Spiegler that the Applicant is an experienced wine merchant and has three other venues in Westminster. He would like to provide a try before you buy wine tasting experience. He submitted that the hours requested were not late and in fact, earlier than Westminster’s’ core hours.

 

The Committee was reminder by Mr Spiegler that the premises is located outside the CIZ and SCZ and subject to Westminster’s own policy SHP1(A), this type of application is usually granted.

 

The Committee is aware that there are no objections from the relevant authorities. The only objection was on behalf of a business.

In response the Committee’s questions, the Applicant confirmed that he sells approximately 120 bins of wine weekly. He intends to have tasting tables with a sommelier present to advise on a core range of wines. Everyone will be seated and there will be an option of a charcuterie platter for vegetarians and non-vegetarians.

 

The Applicant is providing approximately 8 tables with 4 chairs indoors, and 4 customers outside the premises.

 

The Committee was further advised that there would be a retail side of the wine business selling associated items.

 

Mr Lowry stated that his business model has the full support of his Landlord.

Mr Spiegler on the behalf of the Applicant confirmed to Mr Burnett, the Committee’s legal adviser, that they would be happy to accept model conditions 86 on the basis of the premises being a wine merchant, and 24 in addition to the conditions agreed on page 261 and 261 of the agenda papers.

 

DECISION

 

The Committee is aware that it has a duty to consider each application on its individual merits and did so when determining this application.

The Committee decided that the Applicant had provided valid reasons as to why the granting of the New Premises Licence would promote the licensing objectives.

 

In particular but not exclusively, the Committee noted that there was one commercial objection and no objections from residents. The Applicant also had a proven track record in Westminster and the application is for an operation outside the CIZ and SCZ, with modest hours. The Committee also noted that there were no representations from the relevant authorities.

 

Having carefully considered the committee papers, additional evidence, Licensing Act 2003, Westminster’s Statement of Licensing Policy, the Revised Guidance issued under sec 182 of the Licensing Act 2003 and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:

 

a)    To grant permission for the Sale of Alcohol for consumption on and off the Premises:

 

Monday to Saturday 11:00 to 22:30

Sundays 11.00 to 22.00

 

b)    To grant permission for the premises to open to the Public:

 

Monday to Saturday 11:00 to 23.00

Sundays 11.00 to 22.30

 

The New Premises Licence shall be subject to the relevant Mandatory

Conditions 1- 8 and to the following conditions agreed at the hearing:

 

Agreed Conditions consistent with the operating schedule:

9. 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.

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

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

12. Except for alcohol consumed in designated external seating areas, the supply of alcohol for consumption off the premises shall be in sealed containers only and not consumed on the premises.

13.      a. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

b. All entry and exit points shall be covered enabling frontal identification of every person entering in any light condition.

c. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and shall include the external area immediately outside the premises entrance.

d. All recordings shall be stored for a minimum period of 31 days with date and time stamping.

e. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day 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. 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 shall 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.

16. 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 unless seated in an authorised external area.

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

18. 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.

19. The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

20. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

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

22. No deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.

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

24. 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 or passport. Signage of the proof of age scheme shall be displayed in prominent positions on the shop floor where alcohol is on public display, at the point of sale and upon entering the premises.

25. Signage of the proof of age scheme shall be displayed in prominent positions on the shop floor where alcohol is on public display, at the point of sale and upon entering the premises.

26. Staff training shall be given to ensure that in the case of any doubt whether a purchaser is over the age of 18 to refuse the sale unless valid ID is produced.

27. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

28. Before the premises open to the public, the plans as deposited shall be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed.

29. 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.

Conditions agreed at the Hearing:

 

30. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents in the vicinity.

 

31. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a wine merchant.

 

This is the Full Decision of the Licensing Committee which takes effect forthwith.

 

The Licensing Sub-Committee

8^th September 2022