Agenda item
Sushi Shop, 67-69 Weymouth Street, W1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
Marylebone High Street Ward / not in cumulative impact area |
Sushi Shop, 67-69 Weymouth Street, W1 |
New |
16/09053/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 27th October 2016
Membership: Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Rita Begum
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Sumeet Anand-Patel
Relevant Representations: Environmental Health, Metropolitan Police and two local residents.
Present: Mr Jack Spiegler (Solicitor, Representing the Applicant), Mr Mathieu Humbert (on behalf of the applicant company) and Mr Dave Nevitt (Environmental Health).
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Sushi Shop, 67-69 Weymouth Street, London, W1G 8NY 16/09053/LIPN |
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1. |
On and Off Sales by retail of Alcohol
Monday to Saturday: 11:00 – 22:30 Sunday: 12:00 – 22:30
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2. |
Hours Premises are Open to the Public
Monday to Sunday: 11:00 – 22:30
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Amendments to application advised at hearing:
None
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Sushi Shop London Ltd for a new premises licence in respect of 67-69 Weymouth Street, London, W1G 8NY.
The Licensing Officer provided an outline of the application to the Sub-Committee.
All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to members’ questions and were given an opportunity to ask questions of each other.
Mr Jack Spiegler, representing the applicant, explained that the premises was of a high quality and premium nature. It was located on a busy junction between Weymouth Street and Marylebone High Street which was outside of the cumulative impact area. The hours proposed were modest and additional conditions had been agreed with other parties which ensured all alcohol sold would be ancillary to food. It was also confirmed that a limit on the capacity of the premises had also been agreed with Environmental Health. The Sub-Committee also noted that all off-sales of alcohol had to be ancillary to a take away meal so there was no potential for alcohol to be sold for immediate consumption outside the premises.
Mr Spiegler informed the Sub-Committee that the applicant had written to the two residents which had made representations but had received no response. Their primary concern related to food deliveries and the Sub-Committee noted the applicant’s attempts to address these concerns. This involved all staff being briefed on delivery pickups to ensure disruption to residents was minimised. Electric bikes had been purchased to lower delivery noise levels and the delivery pick up area had also been changed to avoid the residential area. It was felt this would ensure there would no adverse impact on residents and the deliveries would only just provide an additional service to customers. It was highlighted that the applicant was very experienced and had managed over thirty premises.
Mr Dave Nevitt, representing Environmental Health, explained that several helpful site visits had been undertaken to the premises. It was a very modern premises which had been operating satisfactorily and no complaints or concerns had been recorded. Conditions had been agreed with the applicant and no substantive concerns remained although the representation was maintained due to the residents’ concerns reported. It was highlighted that the residents had not approached Environmental Health or responded to the applicant’s letter. Deliveries were obviously an irritation to residents but the low key nature of the deliveries undertaken, including to a local delivery radius only, use of electric bikes plus the modest proposed hours would help ensure the deliveries had a low impact on the area.
Mr Spiegler drew the Sub-Committee’s attention to that the delivery pick-up area had been moved from the main entrance to around the corner to minimise disruption to residents. Mr Nevitt was of the opinion that the new delivery pick-up area was a significant improvement.
In response to a question regarding the collection of waste the applicant confirmed that all waste would be stored in an internal area and then taken out for collection at the allotted times. No collections of waste would take place before 08:00 and none would be left in external areas overnight.
The Sub-Committee discussed the modes of transport used to undertake deliveries. The applicant confirmed that the premises had two bicycles for deliveries but third party delivery companies would most likely operate motorised vehicles. To address concerns it was stressed deliveries already took place from around the corner from the main entrance but the applicant was willing to use best efforts to prioritise walking or electric bikes for deliveries. Third party delivery companies would also be informed of this.
In response to a question the Sub-Committee noted that there was not a designated smoking area outside the premises. However, due to the low capacity of the premises of only twenty customers, and the nature of the premises, it was not expected this would cause any nuisance.
Mr Spiegler brought to the Members attention that Condition 25 had been agreed with the Police, it was very similar to Condition 21 and whilst the applicant would be happy to keep both on the licence it was sought to avoid any duplication. The Council’s Policy Adviser further advised that if the Sub-Committee was minded to grant the application Condition 18 could be clarified so to explicitly state the supply of alcohol to persons seated at a table was for consumption on the premises.
After careful consideration the Sub-Committee granted the application as it was of the opinion that the modest hours proposed, the limited capacity of the premises and the experience of the applicant would ensure that the licensing objectives were upheld and promoted. The Sub-Committee did expect however that the applicant would ensure all deliveries would be undertaken in such a manner as to minimise any noise disturbance. It was recognised that the area was residential and it was important for the applicant to be sensitive to local residents.
With the agreement of all parties the Sub-Committee modified several conditions to ensure they were all relevant to the application and thus promoted the licensing objectives. The following conditions were amended or deleted:
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Conditions attached to the Licence |
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Mandatory Conditions
(2) In this paragraph, an irresponsible promotion means nay 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 in 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
(a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (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. |
Supporting documents:
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