Agenda item - Angus Steak House, Ground Floor, 24 Haymarket, SW1

Angus Steak House, Ground Floor, 24 Haymarket, SW1

Meeting of Licensing Sub-Committee (1), Thursday 3rd August, 2017 10.00 am (Item 6.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / West End Cumulative Impact Area

Angus Steak House, Ground Floor, 24 Haymarket, SW1

Variation of Premises Licence

17/05937/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 3rd August 2017

Membership: Councillor Angela Harvey (Chairman), Councillor Karen Scarborough and Councillor Rita Begum

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Yolanda Wade

Relevant Representations: Metropolitan Police and Licensing Authority.

Present: Mr Craig Baylis (Solicitor, Representing Applicant Company), Ms Alexa Reid (Company Director), PC Toby Janes (Metropolitan Police) and Mr David Sycamore (Licensing Authority).

Steak & Co, Ground Floor, 24 Haymarket, SW1 (“The Premises”) 17/05937/LIPV
1.	To permit off sales for external tables and chairs only, by waiter/waitress service to patrons seated at tables as ancillary to a table meal between 10:00 and 23:00 Monday to Saturday, and 10:00 to 22:30 on Sunday.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Ms Wade and Mr Baylis advised the Licensing Sub-Committee that the Applicant did not own the forecourt as delineated on the plan and had been granted a tables and chairs licence and planning permission for the external area. Mr Baylis advised that the establishment was now called ‘Steak & Co’ rather than ‘Angus Steak House’. Ms Reid added that there were terrace areas that were part of the Applicant Company’s other sites and these were all well managed. The Sub-Committee heard from Mr Sycamore on behalf of the Licensing Authority. He stated that 24 Haymarket is located in the West End Cumulative Impact Area and that the proposed schedule of conditions agreed between the Applicant and the Police and Environmental Health should refer to the off sales consumed at the external tables and chairs being ancillary to substantial table meals and not simply ancillary to food. Mr Sycamore explained that the Applicant had not agreed the Council’s model restaurant condition MC66 which set out the Council’s definition of a restaurant in keeping with Policy RNT2. In the event that the Applicant was amenable to having MC66 attached to the premises licence, it was set out in the policy that it was necessary for the Applicant to demonstrate why the maximum capacity of 16 people outside would not add to cumulative impact. In response to Mr Sycamore’s representation and Mr Wroe’s point that the conditions on the existing premises Licence could be brought up to date, Mr Baylis offered MC66 to be attached as a condition for the entire Premises. PC Janes addressed the Sub-Committee. He advised that the Police’s concerns regarding the potential for crime and disorder had been addressed. He had maintained his representation on policy grounds as there were an additional 16 people in the external area of the premises in the West End Cumulative Impact Area. In response to a question from the Sub-Committee, Mr Baylis and Ms Reid stated that the clientele was likely to be tourists and pre-theatre customers. Mr Baylis confirmed that he was content with Environmental Health’s proposed conditions being attached to the Premises licence relating to preventing litter and waste building up outside the Premises and also no noise emanating from the Premises or vibration being transmitted through the structure of the Premises which would give rise to a nuisance. He also agreed that the Council’s Model Condition MC70a would be applied that ‘the sale and supply of alcohol for consumption off the Premises shall be restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal, and where the supply of alcohol is by waiter or waitress service only’. The Sub-Committee granted the application, subject to conditions as set out below. The Licensing Sub-Committee considered that the Applicant’s agreement of proposed conditions, notably the Council’s model restaurant condition MC66 for the whole Premises where alcohol would be ancillary to substantial table meals throughout, was significant in promoting the licensing objectives. The Sub-Committee noted that Environmental Health had withdrawn their representation and therefore did not have any concerns regarding public nuisance. PC Janes had advised that the Police did not have any concerns regarding the potential for crime and disorder. It was noted by the Sub-Committee that Mr Baylis had made an unfortunate remark in his submissions by saying that the Sub-Committee was brought into disrepute as a result of Mr Sycamore advising that the Applicant needed to demonstrate how the application would not add to cumulative impact following the Applicant having offered MC66. The Licensing Sub-Committee took the view that cumulative impact was a relevant element of the Council’s policy RNT2 and that it was appropriate for Mr Sycamore to have raised it. In this instance, the Sub-Committee noted that the policy for applications for restaurants in the cumulative impact areas is that they are judged on their merits. There is no policy presumption against them. The significance of the conditions offered such as MC66, replacing out of date conditions which had been converted from an old justices’ licence, meant that it was appropriate to grant the application. Having been advised of the Sub-Committee’s disappointment at the comments he had made, Mr Baylis apologised.

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;

(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. 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

10. 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.

11. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available with or otherwise as an ancillary to meals served in the licensed premises.

12. Alcohol shall not be sold or supplied unless the premises have been structurally and bona fide used, or intended to be used, for the purposes of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

13. The terminal hour for late night refreshment on New Year’s Eve is extended to 05:00 on New Year’s Day.

14. Alcohol may be sold or supplied:

(a) On weekdays 10:00 to 01:00;

(b) On Sundays 10:00 to 00:00;

(c) 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, midnight on 31st December).

NOTE - The above restrictions do not prohibit:

(a) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(d) 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;

(e) the taking of alcohol from the premises by a person residing there;

(f) 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;

(g) 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.

15. 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.

16. 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.

17. 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.

18. 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

(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.

19. The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal, and where the supply of alcohol is by waiter or waitress service only.

20. All outside tables and chairs shall be rendered unusable by 23.00 each day.

21. 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.

22. 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.

Supporting documents:

Angus Steak House redacted, item 6. PDF 2 MB