Agenda item
Sketch, 9 Conduit Street, W1
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App No |
Ward / Cumulative impact area |
Site Name and Address |
Application |
Licensing Reference Number |
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5. |
West End Ward / West End Cumulative Impact Area |
Sketch, 9 Conduit Street, W1 |
Variation of a Premises Licence – Licensing Act 2003 |
17/04660/LIPV
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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 Metropolitan Police.
Present: Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Ms Melosie (Operations Director, Applicant Company), Mr Dave Nevitt (Environmental Health) and Mr David Sycamore (Licensing Authority).
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Sketch, 9 Conduit Street, W1 17/04660/LIPV
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1. |
Sale by retail of alcohol (On and Off) |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Mr O’Maoileoin, representing the Applicant, explained that the main intention of the application for the variation of the premises licence was to extend the terminal hour by half an hour on Sundays for the sale of alcohol in the downstairs restaurant to the rear of the premises to 01:00. The application only applied to the restaurant area which has 120 covers. He commented that there would not be 120 people leaving the restaurant on Monday morning at 01:00.
Mr O’Maoileoin advised he was also seeking to remove out of date conditions on the licence following discussions with Environmental Health and add a couple of new conditions. One of the new conditions was that after 23:00 the supply of alcohol in the restaurant would be ancillary to seated customers consuming a table meal. He was content for the alcohol to be served by waiter or waitress (this was not included in the proposed conditions).
The Sub-Committee had concerns regarding the proposed removal of condition 20 (i) (c) which set out that ‘the sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment’. This was because if the sale of alcohol was not ancillary to substantial refreshment then the premises could be drink led. Mr O’Maoileoin responded that he was content for the sale of alcohol to be ancillary to the use of the premises for substantial refreshment. He was not seeking for the premises to be drink led.
The Sub-Committee heard from Mr Nevitt on behalf of Environmental Health. He advised that the advantage of the application was greater clarity in respect of the conditions on the premises licence. Some of the conditions on the existing premises licence were being amended with improved wording, including in some cases the Council’s model conditions. He emphasised that it was important not to change the nature of the premises. The application was restricted to the restaurant area. Mr Nevitt stated that balanced against the improved conditions was the proposed extension of the terminal hour for the sale of alcohol on Sundays with up to 120 people leaving the premises later. He added that he had maintained his representation because of the later terminal hour for the sale of alcohol on Sundays in the West End Cumulative Impact Area.
The Sub-Committee was addressed by Mr Sycamore, on behalf of the Licensing Authority. He concurred with Mr Nevitt’s comments, including that there would be improved, more concise conditions on the licence if the amendments to the conditions were made. However, he had also maintained his representation because of the later terminal hour for the sale of alcohol on Sundays in the West End Cumulative Impact Area. Mr Sycamore referred to paragraph 2.3.3 of the Council’s Statement of Licensing Authority with regard to Sundays. It states that the Council is ‘prepared generally to grant premises licences for hours that will provide for longer hours at the end of the week but that still enable people to travel home relatively easily by tube, train, bus, and taxi, while retaining opportunities for residents to have an additional respite on Sunday’. It was the view of the Licensing Authority that Sunday hours in particular should be in keeping with Core Hours.
Mr O’Maoileoin made the additional points that to his knowledge there were no residents in close proximity to the premises and that the operators had not had any complaints from residents and the operators had been at the premises since 2002. Mr Nevitt agreed with Mr O’Maoileoin that he was not aware of any nearby residents who would be directly affected by the premises. He confirmed that the Council had not received any complaints in relation to the operation of the premises.
There was a further discussion between Mr O’Maoileoin and the Sub-Committee regarding condition 20. It had become apparent to Mr O’Maoileoin that if 20 (i) (c) was amended so that the sale of alcohol was ancillary to the use of the premises for substantial refreshment only this would also restrict the use of the lounge bar area at the front of the premises as well as the downstairs restaurant to the rear of the premises. As stated by Mr Panto, the Sub-Committee had believed that Mr O’Maoileoin had been offering a concession as part of the application that for the whole premises alcohol would be ancillary to the use of the premises for substantial refreshment. Mr Panto added that certainly if condition 20 on the existing premises licence was removed it would have the effect of making the whole premises drink led.
Mr O’Maoileoin made it clear at this point that it was not being proposed that alcohol would be ancillary to substantial refreshment throughout the premises. He was however offering the Council’s model restaurant condition, MC66 for the downstairs restaurant which had not been included on the existing premises licence. He proposed to keep condition 20 on the licence in its entirety so that the whole premises would not be drink led.
The Sub-Committee decided to grant the application. Members considered that with condition 20 on the existing premises licence being retained, the application was for the extension of the sale of the alcohol in the restaurant on Sundays where alcohol would be ancillary to a substantial table meal. There was therefore no policy presumption against the extension of the sale of alcohol in the restaurant area.
The Sub-Committee varied, added or removed the conditions requested by the Applicant in the application apart from removing condition 20. The Sub-Committee considered that the improved conditions such as the addition of the model restaurant condition and the replacement of outdated conditions being replaced with the Council’s model conditions did mitigate against any additional cumulative impact created by alcohol being available in the restaurant for an additional thirty minutes on Sundays.
The Sub-Committee took the view that the licensing objectives were likely to be promoted by the application. There did not appear to be any residents that would be adversely affected by the application.
Members noted the Licensing Authority’s recommendation that as suggested in the Council’s policy there should be a rest bite on Sundays. However, it was necessary to take into account that the premises licence holder was already able to sell alcohol at the premises on a Sunday until 00:30 when not prior to Bank Holidays and until 02:00 when prior to a Bank Holiday.
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2. |
Late Night Refreshment (Indoors) |
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To remove Sundays before Bank Holidays 09:00 until 02:00 (inconsistent with normal Sunday hours to 05:00).
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
Conditions varied, added or removed |
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Amendments to application advised at hearing: |
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Later in the hearing it was proposed by Mr O’Maoileoin that condition 20 was retained. Mr O’Maoileoin also confirmed that he was content to have the Council’s model restaurant condition MC66 replace the proposed condition that after 23:00 hours on Sundays the supply of alcohol in the area hatched green on the plan 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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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the two amendments offered by Mr O’Maoileoin above. The Sub-Committee also granted the remaining variations, additions or removals of conditions as originally applied for by the Applicant. See reasons for decision in Section 1.
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Conditions attached to the Licence |
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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.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
Additional Conditions
11. 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
12. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
13. 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.
14. The number of persons accommodated (excluding staff) at the premises shall not exceed: Ground Floor – 300 First Floor – 150. After 0030 hours on Sunday in the area hatched green: 120
15. The exhibition of a film is restricted to films not involving the use of real film (e.g. video) where exhibition are incidental or subsidiary to the main use of the premises.
16. (i) Monday to Saturday
(a) Subject to the following paragraphs, the permitted hours for the sale of alcohol on weekdays shall commence at 10.00 (12.00 on Christmas Day and Good Friday) and extend until 02.00 on the morning following, except that -
(i) the permitted hours shall end at 00.00 midnight on any day on which music and dancing is not provided after midnight; and (ii) on any day that music and dancing end between 00.00 midnight and 02.00, the permitted hours shall end when the music and dancing end;
(b) In relation to the morning on which summer time begins, paragraph (a) of this condition shall have effect-
(i) with the substitution of references to 03.00 for references to 02.00.
(c) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
(d) The permitted hours on New Year's Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00.00 on New Year's Eve.
(ii) Sunday
Subject to conditions 25 and 26, aAlcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.
In this condition, permitted hours means:
(a) On Sundays, other than Christmas Day or New Year's Eve, 12.00 noon to 22.30; (b) On Christmas Day, 12.00 to 15.00 and 19.00 to 22.30; (c) On New Year's Eve on a Sunday, 12.00 to 22.30; (d) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 midnight on 31st December).
(iii) Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year's Eve), and on Christmas Day, between 15.00 and 19.00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
(iv) (a) Alcohol may be sold or supplied until 00.30 a.m. in the morning following Sundays (other than Christmas Day) and 00.30 in the morning following Good Friday to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by that person in that part of the premises as an ancillary to his meal.
(b) That part of the premises must also be used for the provision of entertainment by persons present and performing to which the sale or supply of alcohol is also ancillary.
(c) The alcohol must be sold or supplied at a time before (i) the provision of entertainment by persons present and performing or (ii) the provision of substantial refreshment, has ended. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
(d) This condition does not authorise any sale or supply to any person admitted to the premises either after 23.00 on Sunday or less than half an hour before the entertainment is due to end, except in accordance with condition number 16(ii) above.
NOTE - The above restrictions do not prohibit:
(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises; (b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel; (c) during the first thirty minutes on a Sunday after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals; (d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises; (e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered; (f) the sale of alcohol to a trader or registered club for the purposes of the trade or club; (g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty's naval, military or air forces; (h) the taking of alcohol from the premises by a person residing there; (i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; (j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
17. 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.
18. 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.
19. At least one door supervisor licensed by the Security Industry Authority shall be on duty at the entrance of the premises after 21:00 hours.
20. An incident log shall be kept at the premises and made available on request to an authorised office 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 or searching equipment or scanning equipment; (g) any refusal of the sale of alcohol; (h) any visit by a relevant authority or emergency service.
21. A daily Door Supervisor Log shall be maintained at the premises and signed at the end of each day by the Duty Manager. Details will include:
(i) the printed name of the door supervisor (ii) their badge number (iii) expiry date of their SIA Licence and (iv) their signature
22. All patrons shall have left the premises no later than 30 minutes after licensable activities have ended.
23. A personal licence holder shall be on duty at the premises after 21:00 hours.
The following apply to the area hatched green on the plan and are in addition to the conditions that apply to the sale of alcohol on a Sunday as set out at condition 16 above.
24. There shall be no entry or re-entry save for smokers to the area hatched green on the plan after 23:00 hours on Sundays.
25. After 23:00 on Sundays, 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, (iv) which do not provide any take away service of food or drink for immediate consumption, (v) which do not provide any take away service of food or drink after 23.00, and (vi) where alcohol shall not be sold or supplied, otherwise than for consumption by 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.
26. Notwithstanding condition 16(ii) above, alcohol may be sold in the ground floor restaurant shown hatched green on the plan until 01.00 on Monday morning.
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Supporting documents:
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