Agenda item
Marquess of Anglesey, 39 Bow Street, WC2
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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5. |
St James’s Ward / West End Cumulative Impact Area |
Marquess of Anglesey, 39 Bow Street, WC2 |
Variation of a Premises Licence |
18/00719/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 22nd March 2018
Membership: Councillor Angela Harvey (Chairman), Councillor Murad Gassanly and Councillor Rita Begum
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Daisy Gadd
Relevant Representations: The Licensing Authority and Environmental Health
Present: Ms Lisa Sharkey (Solicitor, representing the Applicant), Mr John St John and Ms Daisy Loganathan (Representing the Applicant Company), Mr Ian Watson (Environmental Health) and Miss Daisy Gadd (Licensing Authority).
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Marquess of Anglesey, 39 Bow Street, London, WC2E 7AU (“The Premises”) 18/00719/LIPV
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1. |
Late Night Refreshment - Indoors
Seasonal Variations
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Young and Co’s Brewery for a variation of a premises licence in respect of the Marquess of Anglesey, 39 Bow Street, London, WC2E 7AU.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Ms Sharkey, representing the applicant, explained that there were three aspects to the application. Firstly, it was proposed to undertake some refurbishment works to the first floor which would change its layout. Some fixed seating would be relocated and new waiter station would be installed to aid customer circulation. No objections had been received to the change in layout. The Sub-Committee was then asked to consider the second and third aspects of the application together. It was sought to remove the restaurant condition from the first floor whilst maintaining some of the existing conditions requiring all customers to be seated and served by waiter/waitress service. The current licence was historic and as such extra conditions had been proposed by the applicant to ensure appropriate restrictions were in place. This included restricting the capacity of the first floor so it would not exceed one hundred persons, the provision of a minimum of sixty five covers provided at all times and prohibiting any vertical drinking. A substantial food offer would be available at all times and conditions requiring CCTV and the introduction of a Challenge 21 policy were to be introduced.
Ms Sharkey provided the Sub-Committee with a brief overview of the history of the Premises and the reasons for the application before it. The Premises had operated as a public house since 1751. The first floor had been licenced as a pub between 1956 and 2012 with no restrictions in place. After 2012 the first floor had been refurbished with the kitchen relocated to the second floor. An objection from Environmental Health (EH) had been received to the 2012 application as part of the proposal was to enlarge the Premises. Following discussions EH agreed to withdraw their representation following the agreement to impose the model restaurant condition on the first floor. The application before the Sub-Committee now was purely commercial as the applicant wished to remove the restaurant condition and maximise the use of the Premises area. Currently during busy periods on the ground floor customers were forced to stand and were unable to use the first floor unless they were eating. The use of the area was mainly by tourists and after 20:00 hours very few customers purchased food. Several Temporary Event Notices (TENs) had been operated at the Premises without any issues arising, customers that sat to consume alcohol tended to then order food which was what the applicant hoped to encourage.
It was recognised that the Premises was located within a Cumulative Impact Area (CIA) and as such Ms Sharkey drew the Sub-Committee’s attention to Paragraph 2.4.6 of the City Council’s Statement of Licensing Policy (SLP) which provided a list of circumstances where an exception may be granted. The application before it met several of the circumstances as a limit on the capacity of the first floor would be imposed, no problems were associated with the Premises when the first floor operated as a public house prior to 2012 and the hours for the sale of alcohol would be reduced to core hours.
Ms Sharkey also highlighted paragraph 2.4.15 of the SLP and how the application would positively promote the licensing objections. This included introducing a maximum capacity, minimum levels of seating for customers and waiter/waitress service. All of the conditions appropriately regulated the operation and as such no residential objections had been received.
Ms Sharkey provided an overview of the Hope & Glory court case and advised how this was relevant to the application before the Sub-Committee.
Miss Gadd, confirmed that the Licensing Authority’s representation was maintained as concerns remained over the proposal on the first floor to remove the sale of alcohol from being ancillary to taking a table meal. It was noted that customers would have to be seated when consuming alcohol, however policy PB2 of the Council’s SLP still applied and therefore the application should be refused. The Licensing Authority maintained that the application was not an exception to policy and requested that the sale of alcohol remain ancillary to taking a substantial table meal.
Mr Watson, representing EH, confirmed that the model restaurant condition had been imposed on the first floor in 2012. Prior to this it had operated as a pub which closed at 23:00 hours. Mr Watson had visited the Premises to provide pre-application advice and assess whether it was appropriate to relax the conditions on the area. It was noted that a maximum capacity would be imposed, a minimum level of seating required with a waiter/waitress service. A substantial food element would be available which allied with the successful operation of TENs all provided confidence that the Premises would not be a cause for any concerns. With the additional conditions proposed by the applicant Mr Watson was of the opinion that if granted the application would not be a source of any additional impact in the CIA.
In response to a question from the Sub-Committee Mr Johns confirmed that customers smoking would be located outside the Premises. Currently no restrictions were in place as the outside area was carefully managed by staff and regularly cleaned. It was stated that no tables and chairs were located outside and no complaints had been received by any local residents.
The Sub-Committee was interested to learn how many private functions took place on the first floor. Mr John advised that it was approximately seventy to eighty each year.
In summary, Ms Sharkey requested that the application be granted as it could be considered an exception to policy as set out in paragraph 2.2.4 of the SLP. This included the additional conditions offered which provided a high degree of protection of the area, the reduction in the hours for the sale of alcohol and the imposition of a maximum capacity.
After considering all the evidence, the Sub-Committee in its determination of the matter agreed to grant the application based on its individual merits. It was recognised that the application was located within a CIA and concerns had been raised that permitting the sale of alcohol, which was not ancillary to a table meal, would be contrary to policy. However, the conditions proposed by the applicant which included ensuring the sale of alcohol on the first floor was by waiter/waitress service to those persons seated whilst also restricting the first floor capacity to a maximum of one hundred persons provided reassurance to the Sub-Committee that the Premises would not add to cumulative impact in the CIA. The hours for the sale of alcohol were to be reduced to core hours and the Sub-Committee was of the opinion that this would also help ensure the application did not add to cumulative impact. The proactive management of the premises, including its outside area, was welcomed and the fact that no residential representations had been received was evidence of this. With regards to the proposed layout alteration EH had expressed no concerns and the changes were considered appropriate.
The Sub-Committee did have careful regard to the concerns expressed by the Licensing Authority and Environmental Health but considered the conditions proposed to be appropriate and proportionate in the circumstances. After careful consideration the Sub-Committee was satisfied that the Premises would not add to cumulative impact and would promote the licensing objectives. The Sub-Committee therefore granted the application accordingly.
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2. |
Sale by Retail of Alcohol – On Sales
Seasonal Variations
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The application was granted, the reason for the decision is detailed in section 1.
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3. |
Hours Premises are Open to the Public
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The application was granted, the reason for the decision is detailed in section 1.
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4. |
Layout Alteration
To vary the layout of the premises for the first floor only (all other floors to remain as existing) in accordance with plans supplied by the applicant.
Main Change - Changes to fixed seating and the addition of a new waiter station.
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5. |
Conditions Being Varied, Added or Removed
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The application was granted, the reason for the decision is detailed 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 subparagraph 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.
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Conditions attached after a hearing by the Licensing Authority
9. Alcohol may be sold or supplied:
(i) Ground Floor: (a) On Monday to Thursday 10:00 to 23:30; Friday to Saturday 10:00 to 00:00 and Sunday 12:00 to 22:30. (b) 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:
For the First Floor only:
(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 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;
For the Ground and First Floors:
(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.
10. The sale of alcohol on the first floor shall be by waiter/waitress service.
11. The number of persons permitted on the first floor of the premises at any one time (excluding staff) shall not exceed 100 persons.
12. Substantial food and non-intoxicating beverages, including drinking water, shall be available on the first floor where alcohol is sold or supplied for consumption on the premises.
13. A minimum of 65 covers shall always be provided on the first floor.
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. 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.
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 premise 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.
17. 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 visit by a relevant authority or emergency service.
18. The premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and local radio scheme if available.
19. The sale of alcohol on the first floor will only be to persons who are seated except to persons who are attending a pre-booked private function and the date and name of the function will be retained for a period of 31 days following the function and will be available for immediate inspection by the police or an authorised officer of the council.
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Supporting documents:
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