Agenda item
22-25 Kingly Street and 14-16 Fouberts Place, W1
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App No |
Ward/ Stress Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
West End / West End |
22-25 Kingly Street and 14-16 Fouberts Place, W1 |
New |
14/10681/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 22nd January 2015
Membership: Councillor Tim Mitchell (Chairman), Councillor Nick Evans and Councillor Peter Freeman
Legal Adviser: Kirsten Chohan
Policy Adviser: Chris Wroe
Committee Officer: Joe McBride
Relevant Representations: Environmental Health, 2 local residents and a resident association (please see page 3 of the report)
Present: Mr Alun Thomas (Solicitor, representing the Applicant), Robert Kirk (Shaftesbury Plc) Stephen Smith (Environmental Health Officer), Liz Callingham (Resident)
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22-25 Kingly Street / 14-16 Foubert’s Place, London W1 |
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1. |
Regulated Entertainment: Indoors |
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Playing of Recorded Music Monday to Thursday 10:00 to 00:00. Friday to Saturday 10:00 to 00:30 Sunday 12:00 to 00:00.
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Amendments to application advised at hearing: |
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None. |
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see Section 5 for decision). |
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2. |
Late Night Refreshment: Indoors |
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Sunday to Thursday 23:00 to 00:00 Friday to Saturday 23:00 to 00:30
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Amendments to application advised at hearing: |
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None. |
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see Section 5 for decision). |
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3. |
Sale of Alcohol: On the premises |
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Monday to Thursday 10:00 to 00:00 Friday to Saturday 10:00 to 00:30 Sunday 12:00 to 00:00
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Amendments to application advised at hearing: |
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None. |
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see Section 5 for decision). |
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4. |
Non Standard Timings/Seasonal Variations |
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To extend the hours for licensable activities and opening times from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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Amendments to application advised at hearing: |
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None. |
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see Section 5 for decision). |
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5. |
Opening Hours |
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Sunday to Thursday 10:00 to 00:00 Friday to Saturday 10:00 to 00:30
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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An application for a new premises licence for on and off sales, late night refreshment: indoors and opening hours within the Council’s Core Hours policy. The application was made on the same terms and conditions as a provisional statement granted by a previous Sub-Committee in March 2013, with the applicants seeking to include their external courtyard under the current application.
Representations were received from two local residents. One of these representations was later removed because of confusion regarding the entrance to the premises which the resident had mistakenly been informed was on Foubert’s Place as a result of a computer error. The entrance to the premises is actually on Kingly Street and the representation was subsequently withdrawn.
Mr Thomas, representing the Applicant, made reference to the previous Sub-Committee’s decision to grant the premises a provisional statement in March 2013. It had been the opinion of the Sub-Committee then that the premises, despite its large capacity, should reduce cumulative impact in the area because it would, for the most part, involve a reduction in both licensable activities and in the hours when those activities could be carried on at the premises.
Mr Thomas stressed that the only change of circumstances in this present application were those that are beneficial to the amenity and promote the licensing objectives. For example, conditions have been added so that in the internal courtyard and external seating area in Kingly Street off sales are restricted to persons who are seated. All other off sales must be in sealed containers.
Environmental Health informed Members of the Sub-Committee that substantial discussions with the Applicants had taken place in the lead up to the committee hearing. Previous concerns regarding the existing sanitary arrangements had been allayed as a result of a condition put forward by the Applicant.
Ms Callingham, while admiring much of the recent good work that Shaftesbury has undertaken in Soho, suggested that the current application, for a restaurant with a 300 capacity, was out of step with the direction Soho was moving towards and would add to cumulative impact in the area. Ms Callingham also felt that deliveries should be prohibited between the hours of 23:00 – 08:00 and not 23:00 – 07:00 as proposed by the Applicant.
The Sub-Committee granted the application but restricted off sales to alcohol in sealed containers and to persons seated at the tables and chairs within the area of the courtyard, applied for under the application, providing it was ancillary to a table meal.
Restaurant conditions were attached to the licence for the premises with a capacity of 270 persons and the application was granted with the Sub-Committee not considering that it would add to cumulative impact in the West End Stress Area. Deliveries were prohibited between the hours of 23:00 – 07:00 as the Sub-Committee felt that the window for deliveries was already restrictive due to the pedestrianisation of Kingly Street except for the hours of 07:00 – 11:00 Monday to Saturday.
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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 consistent with the operating schedule
9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
10. 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 to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.
11. 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, which will record the following:
(a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received (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.
12. The supply of alcohol for consumption on 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.
13. Substantial food and non-intoxicating beverages shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
14. The number of persons accommodated at the premises (excluding staff) shall not exceed 270. Subject to the sanitary accommodation being improved to the satisfaction of the Council's Environmental Health Officer, the capacity may be increased to such number as may be agreed with the licence holder. The actual capacity will only increase when an appropriate condition to that effect has replaced this condition on the licence.
15. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
16. No striptease, no nudity and all persons to be decently attired at all times except when the premises are operating under the provision of a Sexual Entertainment Venue Licence.
17. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents 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. Patrons temporarily leaving the premises shall not be permitted to take drinks outside with them.
20. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
21. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
22. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.
23. The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.
24. This licence shall not take effect until notice of surrender of licence number 12/11202/LIPT, accompanied by the premises licence, has been given by the premises licence holder to the Licensing Authority under section 28 of the Licensing Act 2003.
Conditions proposed by Environmental Health
25. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
26. No deliveries to the premises shall take place between (23.00) and (07.00) on the following day.
27. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
28. When regulated entertainment takes place all windows and external doors should be kept closed after 21:00 and after 23:00 at all other times, except for the immediate access and egress of persons.
29. The sale of alcohol
for consumption off the premises shall be restricted to:
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Supporting documents:
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