Agenda item

App

No

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

3.

Hyde Park /

not applicable

Fantaisia, 28 Praed Street, W2

Variation

14/09849/LIPV

Conditions attached to the Licence

Annex 1 – 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.     All persons guarding premises against unauthorised access or occupation or against
           outbreaks of disorder or against damage (door supervisors) must be licensed by the
           Security Industry Authority

10.       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.

11.       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 shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

12.       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.    any faults in the CCTV system or searching equipment or scanning equipment

f.      any refusal of the sale of alcohol

g.    any visit by a relevant authority or emergency service.

13.       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.

14.       The provision of unamplified live music shall be restricted to 2 performers playing in the basement area only. Drums are not to be played at any time.

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.       Loudspeakers shall not be located in the entrance lobby or outside the premises building.

17.       All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

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

19.       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.

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

21.       Outside tables and chairs shall be limited to South Wharf Road only and shall be rendered unusable after 23.00 hours each day.

22.     There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

23.       No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.

NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952

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

25.       No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.

26.     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.

27.       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, passport or proof of age card with the PASS Hologram.

28.       The maximum number of persons accommodated (including staff) at any one time shall not exceed:

·           Ground Floor 30 persons.

·           Basement 30 persons.

29.       Regulated Entertainment shall be restricted to the Basement Floor only.

30.       No deliveries shall be made to the premises between the hours 23:00 hours and 08:00 hours.

31.       The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

32.       The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

33.       All exit doors shall be available at all material times without the use of a key, code, card or similar means.

34.       Doors at such exits will be regularly checked to ensure that they function satisfactorily, and a record of the check kept.

35.       All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.

36.       The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

37.       Curtains and hangings shall be arranged so as not to obstruct Emergency safety signs, fire extinguishers or other fire fighting equipment.

38.       All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing should be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes, other than foyers, entertainment areas or function rooms, should be non-combustible.

39.       The certificates listed below shall be submitted to the Licensing Authority upon written request.

·           Any emergency lighting battery or system

·           Any electrical installation

·           Any emergency warning system

40.       Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises.  The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

·           dry ice and cryogenic fog

·           smoke machines and fog generators

·           pyrotechnics including fire works

·           firearms

·           lasers

·           explosives and highly flammable substances.

·           real flame.

·           strobe lighting.

41.       A sound limiting device located in a separate and remote lockable cabinet from the volume control shall be fitted to any musical amplification system and set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service to ensure that no noise nuisance is caused to local residents.  The operational panel of the noise limiter shall then be secured to the satisfaction of officer from the Environmental Health Service. The keys securing the noise limiter cabinet shall be held by the licence holder or authorised manager only, and shall not be accessed by any other person. The limiter shall not be altered without prior agreement with the Environmental Health Service.

42.       The hours for licensable activities and opening times may be extended from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

43.       As soon as possible, and in any event within 1 month from the grant of this licence,

           the premises shall join the local Pubwatch or other local crime reduction scheme

           approved by the police, and local radio scheme if available.

44.       A minimum of 2 SIA licensed door supervisors shall be on duty at the premises from 23:00 until the terminal hour and the premises are clear of all customers.

45.       All persons entering or re-entering the premises after 23:30 shall be searched by an SIA trained member of staff.

46.       There shall be a minimum of 1 SIA door supervisor at the entrance of the premises at all times after 23:30 to control the entrance area and supervise the designated smoking area.

47.       All staff engaged outside the entrance to the premises, supervising or controlling the smoking area, shall wear high visibility yellow jackets or vests.

48.       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 save when sitting in areas of the highway authorised for tables and chairs use adjacent to the premises .

49.       Patrons permitted to temporarily leave to smoke, shall be limited to 5 persons at any one time.

50.       The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

51.       All staff will be trained every 6 months with regards to responsible alcohol retailing this training will be carried out externally and fully documented.

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

53.       Notices will be displayed informing customers that an Age Verification and Zero Drugs Policy are in operation at the venue and will be vigorously enforced.

54.       A Personal Licence holder will be on the premises throughout the period of licensable activity.

At any time that the DPS is not on the premises a Personal Licence holder will be acting DPS through a letter of Delegated Authority that will be displayed for inspection by any Authorised Officer.

55.       No person on behalf of the premises or on behalf or a person carrying or attempting to carry on a licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway within the specified area outlined below for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited within the specified area.

           For the purpose of this section, ‘Directly’ means:- employ, have control of or instruct. ‘Indirectly’ means allowing / permitting the service of or through a third party.

56.       The premises shall only operate as a restaurant (i) in which customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only, (iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, (iv) which do not provide any take away service of food or drink for immediate consumption, (v) which do not provide any take away service of food or drink after 23.00, and (vi) where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

57.       No new entry of patrons shall be permitted after midnight.