Agenda item
38 St John's Wood Terrace, NW8
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
Abbey Road Ward / not in cumulative impact area |
38 St John's Wood Terrace, NW8 |
New |
16/11417/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 26th January 2017
Membership: Councillor Tim Mitchell (Chairman) and Councillor Jan Prendergast
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrence
Relevant Representations: Environmental Health and two local residents.
Present: Ms Lana Tricker (Solicitor, Representing the Applicant), Mr Hussein Aziz (for the applicant company), Mr Anil Drayan (Environmental Health (“EH”), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing a local resident)
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38 St John’s Wood Terrace, London, NW8 6LS 16/11417/LIPN |
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1. |
Sales by Retail of Alcohol – On and Off Sales
Monday to Saturday: 10:00 – 23:00 Sunday: 10:00 – 22:30
Seasonal Variations/Non-Standard Timings:
From the end of trade on New Year’s Eve until the start of trade on New Year’s Day.
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Amendments to application advised at hearing:
Ms Tricker stated that the applicant was seeking to remove off sales of alcohol from the licence.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by DrunchSW3 Ltd for a new premises licence in respect of 38 St John’s Wood Terrace, London, NW8 6LS.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Ms Tricker, representing the applicant, confirmed that the application was for a new premises licence after the previous licence for the premises had been surrendered by the former owners. The applicant was proposing significantly reduced hours for the sale of alcohol compared to the previous licence. The Sub-committee was advised that discussions had taken place with EH and proposed conditions had been agreed. The building was freestanding and the outside area was fully enclosed by a fixed structure which would enable staff to easily monitor this area. Additional floors above the premises would not be licenced and would act as accommodation for staff purposes. The operation would be food led and constructive discussions with EH had taken place regarding the installation of plant equipment to minimise any noise/odour impacts on the local area. The premises would be aimed at catering for local families and despite two representations received local residents were generally in support of the application. No other resident representations had been received. The Sub-Committee noted that the Police were satisfied with the application.
Ms Tricker informed the Sub-Committee how the applicant was an experienced operator who would take proactive steps to engage with the local community. No music would be played in the outside area and any alcohol served in this area after 18:00 hours would be ancillary to food. All windows would be double glazed, all music played internally would be background music and an acoustic report was due to be published. The Sub-Committee noted that the twenty year proposed leasing arrangment for the premises would be determined on the requested hours being granted. The new conditions proposed were very restrictive and it was felt that the representations received were speculative. The application was not in a Cumulative Impact Area, there had been a lack of objections from local residents and the practical conditions proposed ensured the licensing objectives would be promoted.
In response to a question Mr Hussein detailed how it was hoped to create a premises which catered for the local community and provided a venue that residents would visit on a Sunday afternoon or after work for drinks.
Mr Drayan, representing EH, confirmed that he had visited the premises and held discussions with the applicant concerning the preparation of food and the odour control measures required. The installation of double glazing at the premises and conditions requiring the consumption of alcohol in the outside area to be ancillary to food should generate less noise and therefore provide fewer disturbances to local residents. Mr Drayan confirmed that following constructive discussions with the applicant he normally would have withdrawn EH’s representation. However, the representation was maintained on the basis that there were still two unresolved resident representations.
Mr Brown, from Westminster Citizens Advice Bureau, advised the Sub-Committee that one of the representations had been submitted by a local, disabled, resident. The noise disturbance he had experienced from the previous premises owner had made him fearful of the granting of a new licence. It was recognised that a number of conditions to limit any disturbance had been proposed, however the application still represented an intensification of use in an outside area. The resident was concerned that if the application was granted previous issues raised would be experienced again. Concern was also expressed regarding a lack of conditions relating to how staff would monitor the outside area and the utilisation of any outside noise abatement methods. Previous problems had been caused through patrons congregating on the public highway to consume alcohol purchased from the premises. It was also noted that at other premises operated by DrunschSW3 Ltd the smoking of shisha pipes was a significant element of the operation. The applicant had not indicated if this was part of the proposal as it would be a potential source of concern for residents due to odour issues. Mr Brown advised the Sub-Committee that the local area was highly residential and noise disturbance had been experienced in the past by previous operators. The Sub-Committee had to be satisfied that the application promoted the licensing objectives due to the highly residential nature of the area and the previous experiences of residents, but neverthless had to consider the application on its individual merits.
Ms Tricker, brought to the Sub-Committee’s attention that numerous enforceable conditions had been proposed to be placed on the licence which would ensure the outside area was controlled and monitored at all times. The representations received were purely speculative and the fact the outside area was completely enclosed, plus the restrictive conditions in place, would help ensure there would be no disturbance.
Mr Hussein highlighted that it was planned to have a canopy over the outside area which would reduce any noise impact, however installing it was dependent on the award of the licence. Mr Hussein was very experienced in operating premises in Westminster and acknowledged the importance of working with residents and addressing any concerns they may have.
Following a question from the Council’s Policy Adviser requesting clarity over the proposal for off sales Ms Tricker confirmed that this aspect of the licence could be removed.
In response to a question Mr Hussein confirmed that the smoking of shisha pipes would be part of the offer at the premises. Vapour shisha pipes had increased in popularity and would be offered to customers however a certain demographic preferred the more traditional style which would also be offered.
Mr Brown explained that the shisha aspect of the application was of real concern to residents due to potential odour issues. If this part of the application had been made clearer this could have resulted in more representations being received.
The Sub-Committee carefully considered the application, was satisfied that the application would promote the licensing objectives and as such granted the application accordingly. It was recognised that the proposal was for a different style and nature of operation for which there was no evidence the operator would cause disturbance to local residents. The Sub-Committee was of the opinion that the removal of off sales of alcohol from the licence was significant and would prevent the previous issues experienced of patrons drinking in the street. The Sub-Committee felt the restrictive conditions in place for the use of the outside area provided reassurance that the applicant had taken note of previous problems experienced by residents. Concern was expressed however over the use of shisha pipes at the premises and the Sub-Committee requested that the applicant use their best endeavours to mitigate any issues this could potentially cause in respect of public nuisance.
The Sub-Committee agreed to amend 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: 10:00 – 23:00 Sunday: 10:00 – 22:30
Seasonal Variations/Non-Standard Timings:
From the end of trade on New Year’s Eve until the start of trade 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):
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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
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Supporting documents:
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