Agenda item
Basement And Ground Floor, 16-18 Upper Tachbrook Street, SW1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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5. |
Warwick Ward / not in cumulative impact area |
Basement And Ground Floor, 16-18 Upper Tachbrook Street, SW1 |
New |
16/08179/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: Yolanda Wade
Relevant Representations: One local resident.
Present: Mr Hon See Tsang (Director), Mrs Man Wan Tsang (Premises Supervisor) and Mr Hui Sun (Office Administrator).
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Basement and Ground Floor, 16-18 Upper Tachbrook Street, London, SW1V 1SH 16/08179/LIPN
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1. |
On and Off Sales by retail of Alcohol
Monday to Saturday: 11:00 – 23:00 Sunday: 11:00 – 22:30
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2. |
Hours Premises are Open to the Public
Monday to Saturday: 11:00 – 23:00 Sunday: 11:00 - 22:30
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Amendments to application advised at hearing:
The applicants advised that they would be willing to reduce the commencement hours on Sundays so as to only sell alcohol and open the premises from 12:00.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Evenhold Ltd for a new premises licence in respect of Basement and Ground Floor, 16-18 Upper Tachbrook Street, London, SW1V 1SH.
The Licensing Officer provided an outline of the application to the Sub-Committee and advised that following dialogue with the applicant and the agreement to a number of proposed conditions, Environmental Health had now withdrawn their representation. The only remaining representation was from the local resident who did not attend the hearing. Mrs Tsang advised the Sub-Committee that the application was for a restaurant where it was intended for alcohol to be ancillary to food. The applicants had liaised with Environmental Health and adopted suggested conditions which had satisfied all their concerns. Mrs Tsang explained that the representation received from a local resident was mainly concerned about a potential increase in traffic and pollution resulting from the opening of a new restaurant. This had been subsequently resolved though the Council’s implementation of a one way traffic restriction on Upper Tachbrook Street. Mrs Tsang had also been in correspondence with the resident to address the concerns raised. An email was circulated to the Sub-Committee by Mrs Tsang which stated that the resident was reassured by the applicant’s attempts to limit any impact of the restaurant on local residents.
Mrs Tsang detailed how the restaurant would primarily cater for local residents and therefore it would have no impact on traffic or parking in the local area. Following discussions with Environmental Health prominent signs would be displayed at all entrance and exit points requesting customers to respect local residents and ensure noise disruption was minimised. Only background music would be played at the premises and the walls had been insulated to ensure there was no disturbance to neighbours.
As restaurant conditions had not been applied for the Sub-Committee requested clarity on whether the premises would be operated as a restaurant? The applicants confirmed that it was intended for the premises to be a restaurant and that they would accept any restaurant conditions imposed to provide reassurance to the Sub-Committee and residents. This would include the adoption of Model Condition 38 which ensured the sale of alcohol would only to be persons seated at a table and would be ancillary to food. It was confirmed that it was intended for a takeaway offer to also be available but only through customer collection from the premises.
A question was raised by members regarding the capacity of the premises. The Council’s Legal Adviser advised that Model Condition 90 could be imposed on the licence ensuring no licensable activities could take place at the premises until the capacity had been determined by the Environmental Health Consultation Team.
A slight concern was expressed that deliveries could take place at 07:00 which could affect residents in the local area. The applicants advised that this could be altered to ensure no deliveries took place between 23:00 - 08:00. The Sub-Committee noted that all waste would be collected by the Council.
The Sub-Committee noted that the applicant had requested the sale of alcohol from 11:00 on Sundays which was outside of the Council’s core hours policy. In response the applicants advised that they would be willing to reduce the hours on Sundays to only sell alcohol from 12:00.
The Sub-Committee considered the application and was satisfied that all the concerns raised had been addressed and as such felt it was appropriate to grant the application.
With the agreement of all parties the Sub-Committee modified the Sunday hours to bring it in line with core hours and also modified several conditions to ensure they were all relevant to the application and thus promoted the licensing objectives. The following conditions were amended, deleted or added to the licence:
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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
9. The supply of alcohol shall be by waiter/waitress or bar service only, to persons seated.
10.Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
11.No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
12.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
13.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.
14.All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
15.No deliveries to the premises shall take place between 23:00 and 08:00 on the following day.
16.No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
17.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.
18.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. It must be completed within 24 hours of the incident and will record the following: (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
19.The Licence will have no effect until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition will be removed from the Licence.
20.Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction a variation application may be required.
21.The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
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Supporting documents:
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