Agenda item - Shepherds Tavern, 50 Hertford Street, W1

Shepherds Tavern, 50 Hertford Street, W1

Meeting of Licensing Sub-Committee (1), Thursday 21st January, 2016 10.00 am (Item 4.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / not applicable

Shepherds Tavern, 50 Hertford Street, W1

Variation

15/10185/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 21st January 2016

Membership: Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Murad Gassanly

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Steve Rowe

Relevant Representations: 1 business and 1 representation on behalf of local residents by management lease company.

Present: Mr Piers Warne (Solicitor, representing the Applicant), Mr Steve Broughton (Applicant Company) and Veronica Toff (Shepherds Tavern).

Shepherds Tavern, 50 Hertford Street, W1 15/10185/LIPV
1.	Layout alteration
	To vary the layout and design of the premises in accordance with the submitted plan to show a bar on the first floor.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	This was an application for a variation of the premises licence. The Applicant was seeking to change the layout of the first floor so as to add a bar and remove the restrictions on trading hours on the first floor so they could operate the same hours on Good Friday and Christmas Day as on other days (10:00 to 23:00 on Good Friday and Christmas Day for the sale of alcohol unless Christmas Day was on a Sunday which would mean the hours were 12:00 to 22:30). Mr Warne, representing the Applicant, addressed the Sub-Committee. He stated that Shepherds Tavern is not located in a cumulative impact area and there was therefore no presumption against the application. It was necessary to demonstrate that the proposals set out in the application would meet the relevant criteria in Policies CD1, PS1, PN1 and CH1. Mr Warne also confirmed that his client had withdrawn the live music aspect of the application. Premises are exempt from having to apply for this under the Live Music Act legislation provided it is played to an audience of less than 500 people prior to 23:00 hours. Mr Warne added that it would be rare that live music was played at the Shepherds Tavern. Mr Warne advised that four conditions had been agreed with Environmental Health prior to the withdrawal of their representation. The Sub-Committee noted that one of these included that the premises licence holder would ensure that any patrons drinking and/or smoking outside the premises would 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. The representation of Global Invest Consult Limited at 45 Hertford Street had referred to patrons spilling over the pavement into the road. Mr Warne made the point that his client had a management plan to address this and took the matter seriously. However, this was not directly relevant to what the Applicant was applying for. The representation also referred to parking on double yellow lines which was not a matter which the Sub-Committee could take into consideration. Mr Warne disputed that it was the customers of the pub that were parking there. Most customers tended to walk to the Shepherds Tavern. Responding to the Orbiton Estates representation, Mr Warne informed Members that the first floor of the Shepherds Tavern was already used by patrons. The first floor would be better managed with staff present there once a bar was installed. There was also an improvement in public safety as patrons had previously taken their drinks up the stairs from the ground floor bar to the first floor which was no longer necessary. There would be a slight reduction in the area used on the first floor if the varied layout was granted. Mr Warne also made the point that it was of note that the Police had withdrawn their representation and did not have concerns about crime or disorder at the premises. In order to enable the Applicant to operate the same hours for Good Friday and Christmas Day as non-Bank Holidays, amendments to section c) and d) of condition 9 on the existing licence were sought. Mr Broughton informed Members that the aim of the revised hours on the Bank Holidays was to offer food and beers and if the demand was there, provide two sittings during the hours of operation for customers. The Sub-Committee noted that condition 9 on the existing licence also permitted an extra ‘supper hour’ when alcohol was ancillary to a meal but this did not include Good Friday and Christmas Day. Mr Warne clarified in response to a question from Mr Panto that his client also was looking for the ‘supper hour’ to apply on the Bank Holidays. The Sub-Committee granted the application, considering that the Shepherds Tavern is not located in a cumulative impact area. There was no reason to believe that the proposals would suddenly lead to the licensing objectives being undermined at the premises. The first floor of the pub was already in use and no extension of hours was being applied for apart from Christmas Day and Boxing Day. The only period beyond the Council’s Core Hours policy on Christmas Day would be the ‘supper hour’ when alcohol would be ancillary to food. It was considered that the application had been drafted in sufficiently wide terms to include these hours. Whilst the Sub-Committee noted the concerns expressed by Orbiton Estates, it was not considered that these marginal increases for the hours when alcohol could be sold would undermine any of the licensing objectives, especially as the existing restrictions for Christmas Day were based on the licensing regime that was in place before the Licensing Act 2003 came into force. The Sub-Committee was not able to take parking matters or live music up until 23:00 into account. Live music could already be played to less than 500 people at Shepherds Tavern up until 23:00 without having to be licensed by the Licensing Authority. Environmental Health’s and the Police’s concerns had been addressed and they had not maintained their objections. Should there be instances of public nuisance then local residents or the Responsible Authorities had the option to review the premises licence. The Applicants had also agreed four conditions proposed by Environmental Health that had been designed to promote the licensing objectives. In addition to monitoring outside drinking and smoking, these included providing a direct telephone number for the manager at the premises to local residents and businesses, prominently displaying notices at the premises requesting patrons to respect the needs of local residents and businesses to leave quietly and deal with any litter or waste immediately outside the premises during the hours of operation. Mr Wroe drew the Members’ and the Applicants’ attention to the fact that condition 15 on the existing licence was incorrect. It had been clear from the minutes when the decision had been taken to include that condition that this should be corrected from the ‘performance of live music and anything of a similar description to include Karaoke only’ to the ‘performance of live music and anything of a similar description shall be limited to Karaoke only’. This was accepted by the Applicant. For clarification purposes, it was agreed that as suggested by Mr Panto it should be set out in the conditions that Condition 11, on the existing and the varied licence granted by the Sub-Committee, referred to the Ground Floor only.
2.	Variation to condition
	To amend condition 9 (c) and 9 (d) removing the restrictions on trading hours for Good Friday and Christmas Day (for the 1^st Floor only) so that the hours on that day reflect what is permitted on the licence for a Friday (10:00 to 23:00) and whatever Christmas Day falls on (Monday to Saturday 10:00 to 23:00 or Sunday 12:00 to 22:30).
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below. 9 (ii) was also amended to permit the additional ‘supper hour’ when alcohol was ancillary to food on Christmas Day (see reasons for decision in Section 1).

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;

(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.

Additional Conditions

First Floor Only – condition 9

9. (i) Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.

In this condition, permitted hours means:

(a) On weekdays 10.00 to 23.00.

(b) On Sundays 12.00 noon to 22.30.

(c) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day.

(ii) Alcohol may be sold or supplied for one hour following the hours set out above to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

NOTE - The above restrictions do not prohibit:

(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(f) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(h) the taking of alcohol from the premises by a person residing there;

(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

10. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

Ground Floor only – condition 11

11. Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.

In this condition, permitted hours means:

(a) On Mondays to Thursdays, 10.00 to 23.30.

(b) On Fridays and Saturdays, 10.00 to 00.00.

(d) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day.

NOTE - The above restrictions do not prohibit:

(a) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(e) the taking of alcohol from the premises by a person residing there;

(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

12. This licence permits the premises to extend the sale/supply of alcohol, regulated entertainment and late night refreshment by one hour on St David's Day, St Patrick's Day, St George's Day and St Andrew's Day, with ten days notice and agreement with the police to be given

13. This licence permits the premises to extend the sale/supply of alcohol, regulated entertainment and late night refreshment by one hour on statutory bank holiday weekends, the Thursday before Good Friday and for Christmas Eve, to exclude bank holiday Mondays.

14. Children under 16 to be off the premises by 21:30.

15. Performance of live music and anything of a similar description shall be limited to Karaoke only.

16. When payment is made with credit or debit card customers is to be presented with itemised billing showing details of alcoholic drinks purchased.

17. 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.

18. Notices shall be prominently displayed at the exit/entrance and in the external area requesting patrons to respect the needs of local residents and businesses and when leaving to do so quietly.

19. 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.

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.

Supporting documents:

Shepherds Tavern 50 Hertford Street W1, item 4. PDF 2 MB