Agenda item
21 Kingly 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 Ward / West End Cumulative Impact Area |
21 Kingly Street, W1 |
New |
16/07447/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: Nick Nelson
Relevant Representations: Environmental Health and the Soho Society.
Present: Mr Jack Spiegler (Solicitor, Representing the Applicant), Mr Rob Kirk (on behalf of the applicant company) and Mr Maxwell Koduah (Environmental Health).
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21 Kingly Street, London, W1B 5QA 16/07447/LIPN |
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1. |
Late Night Refreshment
Monday to Thursday: 23:00 – 23:30 Friday to Saturday: 23:00 – 00:00 Sunday: 23:00 – 23:30
Seasonal Variations/Non-Standard Timings:
This aspect of the application was granted apart from Late Night Refreshment on a Sunday which was refused.
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2. |
On and Off Sales by retail of Alcohol
Monday to Thursday: 10:00 – 23:30 Friday to Saturday: 10:00 – 00:00 Sunday: 10:00 – 23:30
Seasonal Variations/Non-Standard Timings:
This aspect of the application was granted but the terminal hour for the sale of alcohol on Sundays was reduced to 22.30. |
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3. |
Hours Premises are Open to the Public
Monday to Thursday: 10:00 – 00:00 Friday to Saturday: 10:00 – 00:30 Sunday: 10:00 – 00:00
Seasonal Variations/Non-Standard Timings:
This aspect of the application was granted but the terminal hour for the closing of the premises on Sundays was reduced to 23.00.
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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 Shaftesbury AV Ltd for a new premises licence in respect of 21 Kingly Street, London, W1B 5QA.
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 Kirk, on behalf of the applicant, stressed the importance of submitting the application before the premises was let so that a level of control was maintained over the premises. Shaftesbury AV Ltd was a responsible applicant and the Panel was informed that it was currently in the process of replacing all CCTV systems for existing premises in the area which would operate twenty four hours a day. They already ran premises which operated similar hours to those proposed for this application and no issues had arisen.
Mr Spiegler confirmed that the application was for a restaurant licence and comprehensive conditions had been agreed with Environmental Health. The hours applied for were the same as the Council’s core hours policy save for Sunday. It was recognised that the Soho Society had submitted a representation which primarily centered on the Sunday hours applied for. It was explained that the Sunday hours of 10:00 to 23:30 had been applied for four reasons. Firstly, the Council’s Planning Department had granted the premises A3 restaurant consent. Mr Spiegler was aware that planning and licensing were different regimes but in this case Planning had deemed the hours applied for appropriate. Secondly, section 2.5.14 of the Council’s Licensing Policy did allow the granting of hours for restaurants beyond core hours. As there was no realistic possibility of the Licensing Objectives being affected due to the controls imposed by the applicant this could apply in this case. The Policy also mentioned the possibility of granting hours beyond 01:00; however the hours for the sale of alcohol for this application were only 10:00 to 23:30. Thirdly, the surrounding local area had a very low level of residential properties. There were approximately twenty premises located nearby which had hours exceeding core hours. This application was not requesting anything unusual or inconsistent for this area. Fourthly, Shaftesbury AV Ltd had a careful vetting process in place when letting out premises therefore ensuring they always had a high calibre, professional tenant in situ.
Mr Spiegler highlighted that no residents had objected to the application and Environmental Health and the Soho Society had no specific concerns other than the Sunday hours applied for as they exceeded core hours. It was suggested that the core hours policy could be departed from and it would be appropriate to do so in this case.
Environmental Health stated that their primary concern did relate to the fact that the Sunday hours applied for did exceed core hours. It was also felt that a condition should be added to the licence to ensure that no licensable activities take place until the Environmental Health Consultation Team had assessed the premises as satisfactory.
In response to a question over the plans of the premises submitted it was confirmed that they were indicative only and if the tenant wanted to expand the licensed area they would have to submit a variation to the licence at a later date. It was also confirmed that any alcohol provided to the outside tables and chairs would be ancillary to food and subject to restaurant conditions. The Council’s Licensing Policy Adviser suggested that Model Condition 70A could be added to the licence which restricted the sale of alcohol for consumption off the premises to persons seated in an area authorised for the use of tables and chairs on the highway.
The Sub-Committee considered the application and did express concern that as the premises was located within a cumulative impact area granting the licence could result in extra pressure in the local area. It was recognised however that the application was for a restaurant and patrons entering and exiting the premises would be staggered throughout the day. Therefore due to the nature of the operation the Sub-Committee felt it was unlikely to add to the cumulative impact in the area. Objections had been raised regarding the proposed hours on Sundays as they exceeded core hours. In order to address the concerns raised the Sub-Committee agreed to limit the sale of alcohol to 22:30 on Sundays in line with core hours and to require the premises to close on Sundays at 23.00. This also meant that the provision of Late Night refreshment was refused on Sundays.
The Sub-Committee considered that due to the nature of the operation and the reduction in hours on Sundays it would not add to cumulative impact in the area and would ensure the licensing objectives were upheld. The Sub-Committee therefore granted the application and also agreed to amend, remove or add to the licence the following proposed conditions:
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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. in which customers are shown to their table, b. where the supply of alcohol is by waiter or waitress service only, c. 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, d. which do not provide any take away service of food or drink for immediate consumption save for persons seated in any external area licensed for the placing of tables and chairs, e. which do not provide any take away service of food or drink after 23.00, and f. 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 meal.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
17. 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.
(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.
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Supporting documents:
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