Agenda item

The Lexington, 34 Lexington Street, W1

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

The Lexington, 34 Lexington Street, W1

New

16/12033/LIPN

 

 

 

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

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.

 

 

Amendments to application advised at hearing:

 

None

 

 

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:

 

  • Condition 19 be replaced with Model Condition 39;
  • Condition 21 be amended to read “The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 120 persons (Ground Floor  60 and Basement 60)”;
  • Condition 26 be amended to read “There shall be no consumption of alcohol immediately outside the premises”;
  • Condition 36 be amended to read “On the ground floor, between 20:00 hours and 23:00 hours Mon-Sat, and between 20:00 hours and 22:30 hours Sunday the supply and consumption 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”;
  • Condition 38 be amended to read “On the ground floor, notwithstanding conditions (36 and 37) alcohol may be supplied and consumed in the bar area by up to a maximum at any one time, of 15 persons at the premises who are waiting to be seated and to dine at the premises”;
  • An additional condition be added to the licence to read “The licensable activities authorised by this licence can only be carried on by Lexington Street Limited”;
  • An additional condition be added to the licence to read “Licensable activities at the premises shall only be provided ancillary to the operation of a business at the premises which is primarily selling whisky and other Scottish products, which stocks at least 200 varieties of whisky at the premises”;
  • An additional condition be added to the licence to read “In the Basement after 20:00 hours alcohol shall only be consumed by persons seated except for prearranged whisky tasting events”.

 

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.

 

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee granted the application, see reasons for decision in Section 1.

 

 

 

Conditions attached to the Licence

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.

 

  1. 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.

 

  1. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

  1. (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 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

 

  1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. 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. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

  1. 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. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

  1. 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.

 

  1. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

  1. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

  1. 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.

 

  1. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

  1. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23:00) hours and (08:00) hours on the following day.

 

  1. No deliveries to the premises shall take place between (23.00) and (08.00) on the following day.

 

  1. The supply of alcohol shall be by waiter or waitress service only.

 

  1. 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.

 

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)”;

 

  1. During the hours of operation of the premises, 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 this 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.

 

  1. 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.

 

  1. 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.

 

  1.  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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.

 

26.There shall be no consumption of alcohol immediately outside the premises.

 

  1. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

 

  1. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

  1. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

  1. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

  1. The premises may remain open for the sale of alcohol, regulated entertainment and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

 

  1. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.

 

  1. Prior to the Licence taking effect, 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 new plans shall be provided to the LFEPA, Environmental Health Consultation Team, the Police and the Licensing Authority.

 

  1. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

  1. Between 8am and 11am 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.

 

  1. On the ground floor, between 20:00 hours and 23:00 hours Mon-Sat, and between 20:00 hours and 22:30 hours Sunday the supply and consumption 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.

 

  1. Alcohol consumed on the ground floor shall only be consumed by patrons seated at tables.

 

  1. On the ground floor, notwithstanding conditions (36 and 37) alcohol may be supplied and consumed in the bar area by up to a maximum at any one time, of 15 persons at the premises who are waiting to be seated and to dine at the premises.

 

  1. With the exception of bona fide private pre-booked events, the basement will contain seating for a minimum of 40 patrons at all times.

 

  1. There shall be a minimum of one SIA security person on duty Thursday, Friday and Saturday from 6pm until 15 minutes after the premises closes.

 

41.The licensable activities authorised by this licence can only be carried on by Lexington Street Limited.

 

  1. Licensable activities at the premises shall only be provided ancillary to the operation of a business at the premises which is primarily selling whisky and other Scottish products, which stocks at least 200 varieties of whisky at the premises.

 

  1. In the Basement after 20:00 hours alcohol shall only be consumed by persons seated except for prearranged whisky tasting events.

 

 

 

Supporting documents: