Agenda item
19 Ganton Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
West End Ward / West End Cumulative Impact Area |
19 Ganton Street, W1 |
Variation of a Premises Licence |
17/09470/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Monday 30th October 2017
Membership: Councillor Peter Freeman (Chairman), Councillor Murad Gassanly and Councillor Karen Scarborough
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Yolanda Wade
Relevant Representations: Licensing Authority.
Present: Mr Alun Thomas (Solicitor, Representing the Applicant), Mr Rory Buck (Director) and Mr David Sycamore (Licensing Authority).
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19 Ganton Street, London, W1F 9BN (“The Premises”) 17/0470/LIPV
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1. |
To amend condition |
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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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The Sub-Committee heard from Mr Thomas, representing the Applicant. He stated that the landlords, Shaftesbury, had strict requirements of their tenants in terms of meeting the licensing objectives. Shaftesbury had onsite security and CCTV in Ganton Street. The change of layout had not received any objections. There had been no objections from residents to the increase to the internal capacity from 60 covers to 70. The one representation had been received from the Licensing Authority on the grounds that there were an additional ten people in the West End Cumulative Impact Area. He added that it was a question of whether ten additional diners would add to cumulative impact. There was no requirement for the Applicant to prove an exception to policy. The Council’s policy referred to restaurants not being associated with crime and disorder.
Mr Thomas mentioned that there was no increase in the proposed hours in respect of licensable activities or the opening hours. The hours for licensable activities were within Core Hours with an additional half an hour in respect of the closing time. An existing premises covering 19 Ganton Street had been divided into two and the restaurant had retained the closing time of one half of the Premises. He also advised that the Premises would remain as a restaurant and be compliant with the Council’s Policy RNT2. He believed it was inconceivable that the application would lead to customers having an adverse impact. The proposal to increase the capacity had resulted from improved use of space.
Mr Sycamore on behalf of the Licensing Authority confirmed that the representation was due to the ten additional people in the West End Cumulative Impact Area. Mr Thomas had commented that the restaurant had not opened as yet (it was due to open later that day with Environmental Health inspecting the Premises) and Mr Sycamore said that had the capacity not previously been set then it could have been argued that a 70 seat restaurant would not have been noticed in comparison to a 60 seat restaurant.
The Sub-Committee appreciated that the Licensing Authority had maintained their representation as it is the Council’s policy for restaurants within the cumulative impact areas (RNT2) for applications to be granted provided it can be demonstrated that they will not add to cumulative impact (and that they promote the licensing objectives). The Sub-Committee granted the application for the change of layout and the increase in capacity from 60 to 70. The Sub-Committee took into account the minor impact of the application and the existing controls on the premises licence, including conditions such as the Council’s model restaurant condition. It was noted that there was no increase in the proposed hours of operation.
The Sub-Committee considered the conditions imposed on the Premises Licence to be appropriate and proportionate.
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2. |
To change the layout |
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a) Changes to WC configuration b) Changes to position of servery and addition of bar area c) Changes to situation of kitchen d) Addition of banquette seating e) Changes to situation of entrance/exit f) Changes to back of house area.
And to increase the internal capacity from 60 covers to 70.
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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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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.
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, (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, 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. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry 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.
11. 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.
12. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
13. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance
14. 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 (d) any incidents of disorder (e) any faults in the CCTV system or searching equipment or scanning equipment (f) any refusal of the sale of alcohol (g) any visit by a relevant authority or emergency service.
15. No striptease, no nudity and all persons to be decently attired at all times except when the premises are operating under the provision of a Sexual Entertainment Venue Licence.
16. Notices shall be prominently displayed at exits requesting the patrons to respect the needs of local residents and businesses and to leave the area quietly.
17. The number of persons permitted on the premises at any one time (excluding staff) shall not exceed 70 persons.
18. 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.
19. No licensable activities shall take place at the premises until premises licence 17/00557/LIPT and 17/01442/LIPT (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
20. Save for persons using the external seating areas, 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.
21. 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
22. The variation of this premises licence 17/09470/LIPV will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from this licence by the licensing authority. If there are minor layout changes during course of construction new plans shall be deposited with the licensing authority when requesting removal of this condition.
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Supporting documents:
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