Agenda item
Barrafina, 43 Drury Lane, WC2
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App No |
Ward/ Stress Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
St James’s Ward / West End Stress Area |
Barrafina, 43 Drury Lane, WC2 |
Variation |
15/04754/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 17th September 2015
Membership: Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Aziz Toki
Legal Adviser: Heidi Titcombe
Committee Officer: Jonathan Deacon
Relevant Representations: 2 x local residents.
Present: Mr Mark Browning (Solicitor, Representing the Applicant).
Declaration: Councillor Heather Acton declared that she had previously eaten in another Barrafina restaurant but it had not been in the Drury Lane premises.
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Barrafina, 43 Drury Lane, WC2 15/04754/LIPV
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1. |
On and Off Sales |
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The Applicant is not seeking to amend the proposed hours for on-sales. Off-sales have not previously been applied for. The Applicant seeks the same hours for both on and off sales.
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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.
The Sub-Committee noted that the premises operate as a restaurant on the ground floor and basement floors with an outside area. This was an application to vary the plans in accordance with the refurbishment of the premises. Mr Browning, representing the Applicant made the point that a previous operator had under the terms of the existing licence had tables and chairs located on both Drury Lane and Broad Court. His client was seeking only to use the outside area on Broad Court side which meant a net decrease in the use of the area. He asserted that a plant area had been removed with the refurbishment of Barrafina and that the external area proposed for tables and chairs was part of the premises.
A resident had expressed particular concerns regarding the use of the outside area and also the application for off-sales at the premises. However, Mr Browning stated that his client had informed the resident that a condition had been accepted that the outside area in Broad Court would not be used after 23:00 hours which is in line with the planning consent and also that the only off-sales permitted would be in sealed containers to customers who had already dined in the premises. The off-sales condition was one of the conditions agreed between the Applicant, Environmental Health and the Police which had also included that alcohol consumed outside the premises building shall only be consumed by patrons seated at external tables. The Sub-Committee noted that following the agreement of their proposed conditions, the two Responsible Authorities had withdrawn their representations.
Ms Titcombe raised the issue that the current plan on page 38 of the report (appendix 2) had dotted lines as the proposed licence area boundary whilst the key showed the boundary as a straight line without dots. Mr Browning agreed to amend and re-submit the plan to the Licensing Service.
In granting the
application, the Sub-Committee considered that the conditions
attached to the licence, which had led to the Police and
Environmental Health withdrawing their representations, were
appropriate and proportionate and promoted the licensing objectives
and were in keeping with a restaurant located in the West End
Stress Area. (4) conditions 27 and 28 shall be added as conditions. [new conditions 21 and 22 respectively]
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2. |
Variation to layout |
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As per the plans attached at Appendix A3 of the report.
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Amendments to application advised at hearing: |
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Ms Titcombe raised the issue that the current plan on page 38 of the report (appendix 2) does not show the entire area to be licensed as it excludes the terrace which is shown edged by dotted lines as the proposed licence area boundary, whilst the key showed the boundary as a straight line without dots. Mr Browning agreed to amend and re-submit the plan to the Licensing Service to show a thick black line around the area to be licensed, which includes the terraced area coloured blue.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the application, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
Late Night Refreshment |
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No change to proposed hours – the designation of the outside tables and chairs have changed.
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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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The Sub-Committee granted the application, subject to conditions as set out below (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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children;
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on;
(i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring;
(e) 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.
5. The responsible person shall ensure that no alcohol is dispensed 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).
6. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
8. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
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.
Additional Conditions
9. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
10. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times or such other arrangements as may be agreed with the Environmental Health Consultation Team.
11. The pavement from the building line to the kerb edge including Broad Court the length of the premises immediately outside the premises, including gutter/channel at its junction with the kerb edge including Broad Court for the length of the restaurant premises, is swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
12. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises directly off the street.
13. No striptease, no nudity and all persons to be decently attired at all times.
14. Any entertainment, performance, service, or exhibition involving nudity or sexual stimulation which would come within the definition of a sex establishment in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986 (whether or not locally adopted), shall not be provided.
15. 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.
16. 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.
17. All outside tables and chairs shall be rendered unusable by 23:00 each day.
18. 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.
19. 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 preceding 31 day period
20. All sales of alcohol for consumption off the premises shall be to patrons who have dined at the premises, shall be in sealed containers only, and shall not be consumed on the premises
21. Alcohol consumed outside the premises building shall only be consumed by patrons seated at external tables.
22. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed:
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Supporting documents:
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