Agenda item
Jackson and Rye, 56-58 Wardour Street, W1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
West End / West End Cumulative Impact Area |
Jackson and Rye, 56-58 Wardour Street, W1 |
Variation |
16/06169/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 18th August 2016
Membership: Councillor Tim Mitchell (Chairman) and Councillor Louise Hyams
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: David Sycamore
Relevant Representations: The Soho Society.
Present: Ms Bo-Eun Jung (Counsel, representing the Applicant), Mr Kevin Jackaman (Solicitor, on behalf of the Applicant), Mr Matthew Lazenby (General Manager, Applicant Company) and Mr Steve Seager (Property Director, Cote Restaurants Ltd).
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Jackson + Rye, 56-58 Wardour Street, W1 16/06169/LIPV
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1. |
Sale by retail of alcohol (On-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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There were three aspects to the application. Firstly the Applicant sought to bring forward the commencement hour on Sundays for on-sales from midday to 10:00. Secondly, the Applicant applied to add the sale of alcohol for consumption off the premises from 10:00 hours to midnight Monday to Saturday and 10:00 to 23:30 on Sundays. This was subject to a condition that such off-sales should be in sealed containers only and supplied with andn ancillary to a takeaway meal for delivery only. Thirdly, the Applicant proposed to bring forward the opening hours from 10:00 to 08:00 Monday to Saturday and 12:00 to 08:00 on Sundays. Mr Sycamore clarified that The Soho Society’s objection to the application was due to the earlier proposed commencement hour for on-sales on Sundays being prior to Core Hours in the West End Cumulative Impact Area.
Ms Jung, representing the Applicant, provided some background information to the application. Jackson and Rye had been operating at 56-58 Wardour Street since October 2013. They offered breakfast, brunch, lunch and dinner menus and the clientele included local residents, tourists and theatregoers. Ms Jung referred to the fact that there were no objections to adding off-sales to the application. She advised that Deliveroo were currently delivering restaurant meals to customers on the Applicant’s behalf. Her client would like to offer alcohol ancillary to the takeaway meal and had agreed a condition with the Metropolitan Police that off-sales would be in sealed containers only and supplied with and ancillary to a takeaway meal for delivery only.
In respect of the proposal to provide on-sales from 10:00 on Sundays, Ms Jung made the point that the Applicant was bringing the start time for this particular licensable activity in line with the other days of the week. She added that breakfast and brunch meals were increasingly popular with customers. The Applicant wished to be able to offer a Prosecco or Bloody Mary with the meal. Ms Jung expressed the view that adding two hours to the commencement hour would not add to cumulative impact. There were no representations from the Responsible Authorities with the Police having withdrawn their representation. She wished to emphasise in relation to The Soho Society representation that her client was not looking to encourage any form of vertical drinking. There were stringent conditions on the existing premises licence including alcohol being ancillary to a table meal with the exception of an area hatched on the plans. Throughout the premises there was a requirement for waiter or waitress service to seated customers which would continue to apply, including on Sundays.
The Sub-Committee asked Ms Jung a number of questions relating to the application. Further information was requested in terms of what the Applicant wished to provide for the breakfast and brunch menus. Ms Jung replied that they were substantial ranging from pancakes, fruit and granola to larger meals, such as full English breakfast. She commented that it was not expected that the alcohol sales on Sunday would be extensive.
Ms Jung confirmed to Members that Jackson and Rye was owned by Cote. Cote had recently been granted an application by the Sub-Committee on 28 July 2016 which involved off-sales being delivered from their Westbourne Grove premises ancillary to a takeaway meal by Deliveroo. Concerns had been expressed by residents and the Sub-Committee at the hearing regarding the potential for nuisance from those delivering on behalf of Deliveroo using motorbikes. Ms Jung had requested that there should not be a condition that the Applicant controlled the actions of the delivery people of other companies as this was not within their power. It was appreciated by the Sub-Committee at that hearing that the Applicant did not want potential criminal liability for the actions of Deliveroo delivery people. The Sub-Committee for the current application noted this position and requested that the Applicant encourage Deliveroo to use bicycles for deliveries.
The Sub-Committee in granting the application considered that whilst the commencement hour for on-sales was prior to the Council’s Core Hours policy, the existing premises licence for 56-58 Wardour Street has restaurant conditions attached to it, including alcohol being ancillary to a substantial menu in the restaurant area. Members of the Sub-Committee were satisfied that providing a glass of alcohol with a breakfast or brunch menu from 10:00 would not lead to the licensing objectives being undermined and would not add to cumulative impact in the area. The Responsible Authorities did not have issues with the application and there was no evidence to show that selling alcohol at the premises had caused any issues whatsoever. Whilst there is a hatched area on the plans where alcohol is not ancillary to a substantial table meal, this area is limited to a maximum of ten people at any one time and alcohol is served by waiter or waitress to seated customers there.
The Sub-Committee noted that there were no representations relating to off-sales or earlier opening hours. The Sub-Committee did have some reassurance from the fact that the Applicant had agreed a condition with the Police that off-sales would be in sealed containers only and supplied with and ancillary to a takeaway delivery only. It was understood that Deliveroo had robust procedures and training in place to prevent underage sales. The Sub-Committee was keen that the Applicant attempt to influence Deliveroo’s delivery methods from their premises with the use of bicycles rather than motorbikes in order to minimise the potential for public nuisance.
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2. |
To add the sale by retail of alcohol (Off-sales) |
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Monday to Saturday 10:00 to 00:00 Sunday 10:00 to 23:30
This was in conjunction with a proposed condition that the “sales of alcohol for consumption off the premises shall be in sealed containers only and supplied with and ancillary to a takeaway meal for delivery only” (see box 4 below).
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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 reasons for decision in Section 1).
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3. |
Opening Hours |
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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 reasons for decision in Section 1).
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4. |
Condition proposed to be added to the premises licence |
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Sales of alcohol for consumption off the premises shall be in sealed containers only and supplied with and ancillary to a takeaway meal for delivery only.
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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 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 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.
Additional Conditions
9. Alcohol may be sold or supplied:
(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 10:00 to 00:00.
(b) On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday: 10:00 to 23:30.
(c) On Christmas Day: 12:00 to 22:30;
(d) On New Year's Eve, except on a Sunday, 10:00. to 23:00.
(e) On New Year's Eve on a Sunday, 12:00 to 22:30.
(f) 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) 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;
(b) 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;
(c) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(e) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(f) 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;
(g) the taking of alcohol from the premises by a person residing there;
(h) 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;
(i) 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.
11. 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.
12. 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.
13. With the exception of the area hatched on the plans (Ref: PL-G-01 Rev C Ground Floor) the premises shall only operate as a restaurant (i) in which customers are shown to their table, (ii) 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, (iii) which do not provide any take away service of food or drink for immediate consumption, and (iv) where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
14. Substantial food and non-intoxicating beverages including drinking water shall be available in all parts of the premises where alcohol is sold or supplied on the premises.
15. The sale of alcohol in the hatched area shall only be to persons seated and served at the bar.
16. The number of customers permitted in the hatched area shall be limited to 10 at any one time.
17. The availability of alcohol without food shall not be promoted or advertised otherwise than on menus and price lists within the premises.
18. Any person in the hatched bar area consuming alcohol otherwise than as an ancillary to a table meal shall be required to leave the premises by 23:00.
19. Alcohol shall not be supplied in the hatched area after 22:30 to persons who are not taking a table meal.
20. The supply of alcohol for consumption on the premises shall be by waiter, waitress or bar staff service only to persons seated at tables or at the bar.
21. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
22. All windows and external doors shall be kept closed after 22:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
23. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 180 persons.
24. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
25. 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.
26. 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.
27. A challenge 21 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. Unless the premises are operating under the benefit of a Sexual Entertainment Venue licence there shall be no striptease, no nudity and all persons to be decently attired at all times.
29. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
30. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.
31. During the hours of operation 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 the aforementioned 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.
32. Sales of alcohol for consumption off the premises shall be in sealed containers only and supplied with and ancillary to a takeaway meal for delivery only.
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Supporting documents:
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