Agenda item - West End Metro, Ground Floor, 38 Great Windmill Street, W1

West End Metro, Ground Floor, 38 Great Windmill Street, W1

Meeting of Licensing Sub-Committee (5), Thursday 5th April, 2018 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / West End Cumulative Impact Area

West End Metro, Ground Floor, 38 Great Windmill Street, W1

New Premises Licence

18/01482/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 5 April 2018

Membership: Councillor Peter Freeman (Chairman), Councillor Karen Scarborough and Councillor Shamim Talukder

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Shannon Pring

Relevant Representations: Licensing Authority.

Present: Mr Suresh Kalpathi (representing Mr Shahbuddin), Mr Sadrudin Shahbuddin (Applicant) and Mr Steve Rowe (Licensing Authority)

West End Metro, Ground Floor, 38 Great Windmill Street, W1 18/01482/LIPN
1.	Sale by retail of alcohol (Off)
	Monday to Saturday: 08:00 to 23:00 Sunday: 10:00 to 22:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee heard from Mr Kalpathi, representing Mr Shahbuddin. He stated that West End Metro is a small convenience store which has been operating in Great Windmill Street for many years. The Applicant himself had been working at and running premises in the West End for 17 years. The Applicant had met with representatives of the Metropolitan Police and Environmental Health. Conditions had been agreed between the Applicant and the Police and Environmental Health and the two Responsible Authorities had subsequently withdrawn their representations. Mr Kalpathi appreciated that the Licensing Authority’s representation was based on the premises being located in the West End Cumulative Impact Area (‘CIA’). Mr Kalpathi did not believe that the application would add to cumulative impact. He made the point that Great Windmill Street was less busy than some of the main streets surrounding it and there were therefore fewer people walking up and down it. He also commented that only a small space was allocated for alcohol at West End Metro and that the premises was largely used by local residents. It did not specifically bring customers into the CIA. The Applicant was content to have a condition attached to the premises licence that there would be no advertisement of the sale of alcohol from the premises. Mr Kalpathi also referred to the hours applied for in respect of off sales being Core Hours. Mr Shahbuddin said that the convenience store also sold soft drinks, sandwiches, chewing gum and newspapers. The Sub-Committee was addressed by Mr Rowe on behalf of the Licensing Authority. He advised that the Licensing Authority had maintained its representation in order to give the Sub-Committee the opportunity to consider whether the application would add to cumulative impact in the CIA. In response to questions from the Sub-Committee, Mr Kalpathi offered not to sell premium beers and ciders supplied in glass bottles of 5.5% alcohol by volume if the Sub-Committee had particular concerns. He stated that they were expensive items and would not be significant in terms of sales. Mr Kalpathi and Mr Shahbuddin also responded to the question as to whether alcohol would be sold at 08:00 with the answer that they had agreed Core Hours with Responsible Authorities for off sales which commence at 08:00. They did not expect much demand at 08:00. Mr Kalpathi and Mr Shahbuddin confirmed that they had agreed all of the Police’s proposed conditions. The Sub-Committee in deciding to grant the application was satisfied that the application would not add to cumulative impact and would promote the licensing objectives. In reaching this decision, Members took into account the conditions agreed between the Applicant and Environmental Health and the Police. The Sub-Committee also noted that the hours for off-sales that had been applied for were in keeping with the Council’s Core Hours policy. The premises would not be providing licensable activities after Core Hours. The Applicant would be able to continue to sell cold drinks or cold food such as soft drinks or sandwiches in any event as these items were not licensable.
2.	Hours premises are open to the public
	Monday to Sunday: 07:00 to 02:00
	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).

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 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.

5(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.

5(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.

5(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.

5(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

6. All sales of alcohol for consumption off the premises shall be sealed containers only, and shall not be consumed on the premises.

7. 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 the police or an authorised officer throughout the preceding 31 day period.

8. A staff member staff 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 to the public. This staff member shall be able to show police recent data or footage with the absolute minimum of delay when requested.

9. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

10. A challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport or proof of age card with the PASS Hologram .

11. The licence holder shall ensure that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) for evidence of age. This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced.

12. No single cans or bottles of beer or cider or spirit mixtures shall be sold at the premises.

13. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

14. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

15. No miniature bottles of spirits of below 35cl shall be sold from the premises.

16. There shall be no self service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

17. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

18. All cashiers will receive refresher training on relevant alcohol laws and the licence holder’s policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority.

19. 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) any faults in the CCTV system

(f) any refusal of the sale of alcohol

(g) any visit by a relevant authority or emergency service.

20. On the Day of London Pride:- i. Alcohol sales in respect of cans of beer or cider are limited to no more than 4 cans per person. ii. The premises will not externally advertise local promotions of alcohol. iii. No sales of alcohol in bottles or glass containers are made during this period. iv. Upon the direction of a Police Officer, using the grounds of the prevention of crime and disorder or public safety, the premises will immediately cease to sell alcohol until further directed by the Police.

21. There shall be no advertising of the sale of alcohol from the premises that is visible from outside the premises.

Supporting documents:

West End Metro Ground Floor 38 Great Windmill Street W1, item 2. PDF 279 KB