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Agenda item

32 Henrietta Street, WC2

App

No

Ward / Cumulative impact area

Site Name and Address

Application

Licensing Reference Number

4.

St James’s Ward / West End Cumulative Impact Area

32 Henrietta Street, WC2

New Premises Licence – Licensing Act 2003

17/05529/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th July 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health, Licensing Authority and 2 local residents.

 

Present:  Mr Stephen Walsh QC (Representing the Applicant), Ms Lisa Inzani (Solicitor, on behalf of the Applicant), Mr Matt Lovell and Mr Rob Hampton (Directors, Applicant Company), Mr Ian Watson (Environmental Health), Mr David Sycamore (Licensing Authority) and Mrs Linda Campin (local resident).

 

32 Henrietta Street, WC2

17/05529/LIPN

 

1.

Late Night Refreshment (Indoors and Outdoors)

 

 

Monday to Thursday:                            23:00 to 23:30

Friday to Saturday:                               23:00 to 00:00

 

 

 

Amendments to application advised at hearing:

 

 

Mr Walsh, representing the Applicant Company, advised the Sub-Committee that the application had been amended so that there would be no takeaway after 23:00.

 

 

 

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

 

 

The Sub-Committee heard from Mr Walsh, representing the Applicant Company.  He described the premises as a high quality seafood restaurant.  The establishment was currently operating with the benefit of Temporary Event Notices.  Mr Walsh stated that he believed the proposed conditions had been agreed with the Responsible Authorities, including the Council’s model restaurant condition, MC66.  It was also his understanding that the Responsible Authorities no longer objected to the application.  The Applicant was now proposing hours that were in keeping with the Council’s Core Hours policy except for a commencement hour of 10:00 on Sunday in order to provide a brunch option.

 

Mr Walsh explained that the area of difference between the Applicant and Mrs Campin, local resident, was that Mrs Campin was requesting that the premises would close at 22:30 or at least that licensable activities ceased at this hour.  This was on the basis that other licensed premises in the vicinity trade until this time.  Mr Walsh wished to clarify that whilst premises such as Bella Italia in the area may only trade until 22:30, they were permitted to trade to Core Hours.  It was possible that the seafood restaurant might not trade until the proposed terminal hour every night in the event the application was granted but the Applicant wished to have some flexibility.  There was a capacity of 26.  Mr Walsh added that the Applicant would work closely with Mrs Campin and be a good neighbour.

 

The Sub-Committee asked Mr Walsh whether he was content for the hours the premises are open to the public to be in keeping with Core Hours in order to comply with the Core Hours policy.  Mr Walsh confirmed that his client was content with this subject to retaining the 10:00 opening hour on Sunday.

 

Mr Watson on behalf of Environmental Health advised that he had visited the premises to clear the works ten days previously.  There was therefore no need for works conditions to be attached to the premises licence in the event it was granted.  32 Henrietta Street was a 26 capacity restaurant which was currently trading under Temporary Event Notices.  He confirmed that he was content with the application, particularly following the amendment of the proposed hours to Core Hours except for the Sunday commencement hour.  He also drew Members’ attention to the fact that tables and chairs had not been applied for as yet outside the premises but in the event they were permitted there was a proposed condition that they would not be used in the external area after 22:00. 

 

Mr Sycamore on behalf of the Licensing Authority stated that he had no objections following the Applicant’s amendment of the proposed hours, the set capacity and that the Council’s model restaurant condition MC66 had now been offered.

 

The Sub-Committee was addressed by Mrs Camplin.  She stated that she lives above Natwest which was two doors down from the premises and she has windows overlooking Henrietta Street and the Piazza.  She made the point that the seafood restaurant’s predecessor, Masters, was a sandwich shop which closed at 17:00.  There had not been a restaurant at this location previously.  Mrs Camplin referred to issues with people sitting on the stairs at the front outside her flat.  There had been discussions with the Applicant that smokers using the seafood restaurant would be directed away from her flat and did not sit outside her front door.

 

Mrs Camplin commented that Mr Walsh’s representation had referred to Bella Italia but this had been permitted the longest licensable hours in the street.  There were three quality restaurants in the road which she said were closing at 22:30.  The Ivy Market Grill restaurant (towards Southampton Street and the Piazza) and All Bar One (further down Henrietta Street) were able to operate until midnight but they were further away.  The street was quiet after 23:00.  She made the point that The Ivy was very well managed.  Mrs Camplin was concerned that if a restaurant was permitted a later licence then there would be progressively later licences applied for in the street.  She questioned whether there was a need for a later licence and also expressed concerns about the lack of room on the street for tables and chairs outside.

 

Mrs Camplin had referred to a lack of consultation from the Applicants prior to her objection to the application.  Mr Walsh responded that there had been a pre-consultation with the Responsible Authorities and the Chairman of the local residents’ association.  As soon as Mrs Camplin’s concerns had been raised, the Applicants had contacted her and had spoken at length with her.  Mr Walsh stated that if the Applicants were minded to apply for a ‘tables and chairs’ licence they would consult Mrs Camplin before formally applying.  He re-iterated that the premises in the local area were able to operate until Core Hours whether they chose to do so or not.

 

The Sub-Committee granted the amended application, subject to conditions as set out below.  The Sub-Committee took into account that the application was for a restaurant premises with the Council’s model restaurant condition being proposed.  The proposed hours except for Sundays when the Applicant wished to serve alcohol with brunch from 10:00 were within the Council’s Core Hours policy.  The Council’s policy is that ‘new restaurant premises will generally be granted the core hours (for premises that serve alcohol for consumption on the premises) in line with Policy HRS1’.

 

The Sub-Committee noted Mrs Camplin’s concerns but did not consider that there was any evidence that the Applicants would not promote the licensing objectives with the operation of the restaurant.  They had additionally offered to continue to liaise with Mrs Camplin.  There was also no evidence that the hours applied for were out of keeping with the hours permitted for other licensed premises in the locality, even if the operators chose not to operate until the terminal hours permitted.

 

The Sub-Committee advised the Applicants that the Council is very concerned about the impact of noisy deliveries.  In the event that they were minded to provide a delivery service, it was requested that they provide the deliveries via bicycle, on foot or electric vehicles.       

 

2.

Sale by retail of alcohol (On and Off)

 

 

Monday to Thursday:                                         10:00 to 23:30

Friday to Saturday:                                             10:00 to 00:00

Sunday:                                                              10:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

3.

Hours premises are open to the public

 

 

Monday to Thursday:                                         08:00 to 00:00

Friday to Saturday:                                             08:00 to 00:30

Sunday:                                                              08:00 to 23:00

 

 

Amendments to application advised at hearing:

 

 

Following a query from the Sub-Committee as to whether he was willing to amend the closing times to within Core Hours in order to comply with the policy, Mr Walsh confirmed that the closing times would be in keeping with Core Hours (23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday). The opening hours would also be in accordance with core hours apart from seeking a 10.00 commencement hour on Sunday.

 

 

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

 

 

The amended application was granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

4.

Seasonal variations / Non-standard timings

 

 

Late Night Refreshment (Indoors and Outdoors)

 

Sunday immediately prior to a Bank Holiday 23:00 to 00:00

 

Sale by retail of alcohol (On and Off)

 

Sunday immediately prior to a Bank Holiday 12:00 to 00:00

 

Hours premises are open to the public

 

Sunday immediately prior to a Bank Holiday 08:00 to 00:30

 

Late Night Refreshment (Indoors and Outdoors), Sale by retail of alcohol (On and Off) & Hours premises are open to the public

 

New Year’s Eve all activities are permitted throughout the night until the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

 

Mr Walsh, representing the Applicant, advised the Sub-Committee that the proposed hours were being amended in keeping with the Council’s Core Hours.  Following a query from the Sub-Committee as to whether he was willing to amend the closing times to within Core Hours in order to comply with the policy, Mr Walsh confirmed that the closing times would be in keeping with Core Hours.  This amends the hours premises are open to the public on a Sunday immediately prior to a Bank Holiday to 00:00.

 

 

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

 

 

The amended application was granted, subject to conditions as set out below.

 

 

 

 

 

 

 

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.

 

2.         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.

 

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

 

4.        (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 any 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 is 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.

 

Additional Conditions

 

9.         The premises shall only operate as a restaurant

(i)         in which customers are shown to their table,

(ii)        where the supply of alcohol is by waiter or waitress service only,

(iii)       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 or chopsticks,

(iv)       which do not provide any take away service of food or drink for immediate consumption,

(v)        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 meals.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

10.       There shall be no sales of hot food or hot drink for consumption 'Off" the premises after 23.00 hours.

 

11.       The maximum number of persons permitted in the premises at any one time

(excluding staff) shall not exceed:-

Ground Floor – 26.

 

12.       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 preceding 31 day period.

 

13.       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 are 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.

 

14.       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.

 

15.       Where the provision of food and/or drink includes delivery to the customer, the licence holder shall ensure that specific procedures are in place and that the activity does not cause nuisance at or near to the premises.

 

16.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

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

 

18.       All windows and external doors shall be kept closed after 22:00 hours except for the immediate access and egress of persons.

 

19.       All tables and chairs outside the premises shall be rendered unusable by 22:00 each day.

 

20        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.

 

21.       No rubbish, including bottles, shall be removed or placed in an outside area between 23:00 hours to 07:00 hours, Monday to Friday, and 23:00 hours to 08:00 hours, Saturday and Sunday.

 

22.       All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection time.

 

23.       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.

 

24.       All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

25.       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, which 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.

 

26.       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.

 

27.       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.

 

 

Supporting documents: