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 |
The Lexington, 34 Lexington Street, W1 |
New |
16/12033/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 26th January 2017
Membership: Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Jan Prendergast
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Nick Nelson
Relevant Representations: The Metropolitan Police, Licensing Authority, Environmental Health and The Soho Society
Present: Ms Lana Tricker (Solicitor, Representing the Applicant), Mr Piers Adam and Adam Torrance (for the applicant company), Ms Nicola Curtis (Environmental Health (“EH”), Mr Steven Rowe (Licensing Authority) and PC Bryan Lewis (Metropolitan Police (“The Police”).
The Lexington, 34 Lexington Street, London, W1F 0LH 16/12033/LIPN |
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1. |
Sales by Retail of Alcohol – On and Off Sales
Monday to Saturday: 08:00 – 23:00 Sunday: 10:00 – 22:30
Seasonal Variations/Non-Standard Timings:
New Year’s Eve from the end of permitted hours to the start of the permitted hours on New Year’s Day.
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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 Lexington Street Ltd for a new premises licence in respect of 34 Lexington Street, London, W1F 0LH.
The Licensing Officer provided an outline of the application to the Sub-Committee.
A short video introducing the concept of the project was played for the benefit of the Sub-Committee.
Ms Tricker, representing the applicant, advised the Sub-Committee that Mr Adam had purchased a hotel in Speyside, Scotland, in 2012 which sold the best produce in the local area. It was stated that this vision had inspired the concept to introduce and bring a unique premises to Westminster which only served the best Scottish whisky and produce. It was confirmed that food would be provided throughout the ground floor and basement in the premises. The current building was derelict with a planned investment of £1.8 million of which the landlord was supportive. The terminal hour for selling alcohol was 23:00 hours Monday to Saturday and 22:30 on Sundays; this reflected the food led nature of the operation.
Ms Tricker informed the Sub-Committee that the entrance to the premises was set back from Lexington Street and would have a noise lobby to ensure there was no disturbance to residents. On the ground floor all patrons would be seated with a holding bar for up to fifteen people waiting to dine. The supply of alcohol would only be to a person seated at a table and ancillary to a meal. It was recognised that the basement required some flexibility with regards to the City Council’s Statement of Licensing Policy (“SLP”) as it would be used for whisky tasting events. Ms Tricker informed the Sub-Committee that there would be no external advertising of the basement bar with food available at all times. Vertical drinking would not be encouraged and all bar tenders would be experts in whisky.
Mr Adams provided the Sub-Committee with an overview of the concept of the project and explained how the aim was to open a flagship premises in London.
Mr Torrance advised that the basement would primarily be used to host educational classes on whisky. This was a key aspect of the application where tasting events on various types of whisky would be held. It was confirmed that the educational classes would involve vertical drinking to some extent but this had to be considered in the context of holding the class itself and its main purpose.
Ms Tricker highlighted how the premises was a unique concept which was not offered elsewhere in Westminster. The application had not received any residential representations and those representations that had been submitted were based on policy grounds. The premises was located in a cumulative impact area (“CIA”) but it would be set back from the street with the basement bar focussed on providing an educational experience. The uniqueness and the prices of the whisky would ensure it was not a drink led premises and instead would provide a relaxed dining experience with a strong focus on Scottish food and produce. Conditions had been proposed which would ensure the premises was controlled and well regulated at all times, and the times applied for were all within core hours.
Ms Tricker advised the Sub-Committee that the applicant was willing to accept a condition to restrict the licence to being a whisky and Scottish produce led establishment. This would provide reassurances that the applicant had a long term interest and committment in the project.
Mr Rowe, representing the Licensing Authority, explained that the premises was located in the CIA. On the ground floor the sale of alcohol would be ancillary to food but in the basement area alcohol could be served without food. Licensing Policy dictates that the licence could only be granted in a CIA in exceptional circumstances. The onus is on the applicant to demonstrate that the premises would not add to the cumulative impact in the area and the Sub-Committee had to decide if this was the case.
PC Bryan Lewis advised that The Police maintained its representation on the basis the application was contrary to policy. Concern was also expressed that the proposed conditions would allow the consumption of alcohol outside the premises. In response Ms Tricker confirmed that there would be no drinking outside and the applicant would be willing to accept a condition attached to the licence preventing any external consumption of alcohol. The Sub-Committee took the view that the proposal of this condition would cover any potential crime and disorder issue.
Ms Curtis, representing EH, explained that the application had the potential to create public nuisance in a CIA. The application would essentially allow 120 people to consume alcohol at the premises without restaurant conditions attached. It was noted that the hours requested were within core hours however residents did live in the vicinity of the premises. Ms Tricker confirmed that one resident lived above the premises but the landlord had expressed confidence that the operation would not create any public nuisance. The Sub-Committee also noted the 120 capacity would be split with a maximum of 60 people allowed on the ground floor and 60 in the basement area.
In response to a question the applicant confirmed that craft beers and other types of alcohol would also be available at the premises aside from whisky. The Sub-Committee noted that the concept of the venue had not been reflected in the proposed conditions.
Ms Tricker highlighted to the Sub-Committee the restaurant conditions in place, the food led nature of the operation, the proposed hours being within core hours and the unique style of operation which was a first for the City Council. It was stressed that together this would ensure that the application was an exception to policy. To provide a guarantee of the nature of the operation to the Sub-Committee the applicant was willing to accept an additional condition ensuring the premises primarily specialised in Scottish produce and was restricted as such.
The Sub-Committee carefully considered the application and was of the opinion that the nature and style of the operation was unique. It was recognised that the premises was situated in a discreet location set back away from Lexington Street which would mitigate any potential disturbance issues with residents. The conditions proposed, and those added by the Sub-Committee, were very restrictive in nature and did ensure that the premises would be a food led establishment. It was recognised that some vertical drinking would be allowed in the basement but as this would be for educational purposes the Sub-Committee was confident it would not add to the cumulative impact in the area. To provide further guarantees of the nature of the operation the Sub-Committee agreed to add a further condition to the licence requiring the premises to sell whisky and other Scottish produce. The Sub-Committee considered that this would make the premises an exception to policy and ensure the licensing objectives were promoted. As such the Sub-Committee granted the application accordingly.
The Sub-Committee agreed to amend or delete the following conditions on the licence in order to update the licence:
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2. |
Hours Premises Are Open to the Public
Monday to Saturday: 08:00 – 23:00 Sunday: 10:00 – 22:30
Seasonal Variations/Non-Standard Timings:
New Year’s Eve from the end of permitted hours to the start of the permitted hours on New Year’s Day.
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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 granted the application, see reasons for decision in Section 1.
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Conditions attached to the Licence |
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
21.The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 120 persons (Ground Floor – 6-, Basement – 60)”;
26.There shall be no consumption of alcohol immediately outside the premises.
41.The licensable activities authorised by this licence can only be carried on by Lexington Street Limited.
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Supporting documents: