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1 City of Westminster Item No:
City of Westminster Item No: Date: 23 January 2020 Licensing Ref No: 19/13451/LIPN - New Premises Licence Title of Report: Jacu 75 Page Street London SW1P 4EJ Report of: Director of Public Protection and Licen sing Wards involved: Vincent Square Policy context: City of Westminster Statement of Licensing Policy Financial summary: None Report Author: Kevin Jackaman Senior Licensing Officer Telephone: 020 7641 8094 Em ail: kjackaman @westminster.gov.uk Licensing Sub - Committee Report 1. Application 1 - A Applicant and premises Application Type: New Premises Licence, Licensing Act 2003 Application received date: 16 October 2019 Applicant: Jacu Restaurant & Coffee Shop Limited Premises: Ja cu R estaura nt and Coffee Shop Premises address: 75 Page Street London SW1P 4EJ Ward: Vincent Square Cumulative Impact Area: None Premises description: According to the application form the premises will trade as an all day menu cafe/brasserie . Premises licence history: Th e re have been a number or premises licences associated with the premises since 2005. A premises licence is currently inexistence for the premises (licence number 18/04975/LIPN ) held by Mr Yasar Tunc and Mr Yunus Tarhan which permits the sale of alcohol fr om 11:00 to 23:00 Monday to Saturday and 12:00 to 22:30 Sunday . A full licence history for the premises appears at Appendix 3 . Applicant submissions: Sub missions from the applicant a re sh own at Appendix 2 of the Report in the form of a letter sent to t h ose who ma de representations. 1 - B Proposed licensable activities and hours Late Night Refreshment: I ndoors, outdoors or bo th Both Day : Mon Tues Wed Thur Fri Sat Sun Sta

2 rt : 23:00 23:00 23:00 23:00 2
rt : 23:00 23:00 23:00 23:00 23:00 23:00 N/A End : 23:30 23:30 23:30 23:30 00:0 0 00:00 N/A Seasonal variations / Non - standard timings : The premises may remain open for the sale of alcoh ol, regulated entertai nment and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the c ommencement time for those activities on New Year's Day . Sale by retail of alcohol On or off sales or bo th: Both Day: Mon Tu es Wed Thur Fri Sat Sun Start: 10:00 10:00 10:00 10:00 10:00 10:00 12:00 End: 23:30 23:30 23:30 23:30 00:00 00:00 22:30 Seas onal variations/ Non - standard timings: The premises may remain open for the sale of alcohol, regulated ent ertainment and the pro vision 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 . Hours premises are open to the public Day: Mon Tues Wed Thur Fri Sat Sun Start: 06 :00 06:00 06:00 06:00 06:00 08:00 08:00 End: 23:30 23:30 23:30 23:30 00:00 00:00 22:30 Seasonal variations/ Non - standard timin gs: The premises may remain open for the sale of alcohol, regulated entertainment and the provision of l ate night refreshment fr om the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day . 2. Representations 2 - A Responsible Authorities Responsible Authori ty: Environmental Health Service Representative: Maxwell Owusu Koduah Received: 25 October 2019 I refer to the application for a new Premises Lic ence for the above - mentioned premises. I have considered the information that you have provided within and accompanying this a pplication. I have also considered the

3 application in line with the relevant po
application in line with the relevant policies within the Councils Statement of Licensin g Policy dated January 2016. The applicant is seeking to: 1. Provide late night refreshment “Indoors” and outdoors” at the fo llowing times: Monday – Thursday: 23:00 to 23:30 hours Friday and Saturday: 23:00 to 00:00 hours (midnight) From the terminal hour on New Year's Eve through the commencement time on New Year's Day 2. Supply of alcohol for consump tion “on” and “off” the premise at the following times: Monday – Thursday: 10:00 to 23:30 hours Friday – Saturday: 10:00 to 00:00 hours (midnight) Su nday: 12:00 to 22:30 hours From the terminal hour on New Year's Eve through the commencement time on New Year's Day Followin g consideration of the application and how it may affect the Licensing Objectives and meeting the requirements of the Council’s Statement of Licensing Policy I wish to make the following representation: 1. The provision of late nig ht refreshment and the h ours requested may have the likely effect of causing an increase in Public Nuisance within the area 2. The supply of alcohol and the hours requested may have the likely effect of increasing Public Nuisance and impact on Public Safet y within the area It is my view that there is insufficient information to address the concerns of Environmental Health and the granting of this applica tion as presented would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area The applicant is asked to contact the undersigned to arrange a site visit to assess the premises to ensure the premises i s satisfactory and following this, additional conditions may be recommended by Environmental Health to s upport the licensing obj ectives Prevention of Public Nuisance and Public Safety . Responsible Authority: Metropolitan Poli

4 ce Service ( W ithdrawn 6 Novemb er 201
ce Service ( W ithdrawn 6 Novemb er 2019) Representative: Adam Deweltz Received: 30 October 2019 With reference to the above, I am writing to inform you th at the Metropolitan Police, as a Responsible Authority, will be making a representation against this application. It is our be lief that if granted the application would undermine the Licensing Objectives in relation to The Prevent ion of Crime and Disorde r . Following agreem ent of additional conditions, the Metropolitan Police withdrew their representa t ion on 6 November 2019) . 2 - B Other Persons Name: ( W ithdrawn 21 Nove mber 2019) Address and/or Residents Association: Received: 31 October 2019 I wish to express concern around this application, and specifically smoking. Looking at the plans, there will be se ating outside, which will probably cater for smokers. Additionally, those sitting inside, and smoke, will be stepping outside to have a drag. Considering there's a bus stop on what is a relatively narrow pavement, is there anything that can be done to con trol the smoking, restrict it elsewhere? Meanwhile, could you confirm what type of establishment it will be? A day to day cafe, r estaurant, licensed bistro? Following corr espondence from the applicant , the objector withdrew their represen t ation on 21 Nove mber 2019 . Name: Address and/or Residents Association: eet Received: 24 October 2019 I'm concerned about the application to serve alcohol. While there was a pub on this site in th e past, since it shut, rough sleeping and begging and associated antisocial behaviour have emerged as a problem in the area. I ndeed the premises in question are often used by rough sleepers. Consequently I am opposed to an alcohol license in view of these changed circumstances. More particularly, the previous establishment did not have a late night licence

5 , nor did it have outsid e seating.
, nor did it have outsid e seating. As this a residential area with flats immediately above and to the side of the premises, I think outside seating with a late night license will be intolerable for neighbours. Also, the pavements are not wide enough for outside seating without impeding pedestrians, especially as there is a bus stop and post box around there. The applicant wrote to th ose residents making representation and the letter can be seen at Appe ndix 2 of the Report. The objector re sponde d and wished to maintain their representation . 3. Policy & Guidance The following policies within the City of Westminster Statement of Licensing Policy apply: Policy HRS1 applies (i) Applications for hours within the core hours set out below in this policy will generally be granted, subject to not being contrary to other policies in the Statement of Licensing Policy. (ii) Applications for hours outside the core hours set out below in this policy will be con sidered on their merits, subject to other relevant policies. For premises for the supply of alcohol for consumption on the premises : Monday to Thursday: 10:00 to 23:30 Friday and Saturday: 10:00 to m idnight Sundays immediately prio r to Bank Holidays: Midd ay to midnight Other Sundays: Midday to 22:30 For premises for the provision of other licensable activities: Monday to Thursday: 09:00 to 23.30 Friday and Saturday: 09:00 to midnight Sundays immediat ely prior to Bank Holidays: 09:0 0 to midnight Other Sund ays: 09:00 to 22:30 Policy PB1 applies Applications will only be granted if it can be demonstrated that the proposal meets the relevant criteria in Policies CD1, PS1, PN1 and CH1 . 4. Equality Impl ications The Council in its capa city as Licensing Author ity has a duty to have regard to its public sector equality duty under section 149 of the Equality Act 2010. In summary,

6 section 149 provides that a Public Auth
section 149 provides that a Public Authority must, in the exercise of its f unctions, have due regard to the need to: (a) eliminate discrimination harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteri stic and persons who do not share it; and (c) foster goo d relations between persons who share a relevant protected characteristics and persons who do not share it. Section 149 (7) of the Equality Act 2010 defines the relevant protected characteristics a s age, disability, gender reassig nment, pregnancy and mat ernity, race, religion or belief, sex, and sexual orientation 5 . Appendices Appendix 1 Premises plans Appendix 2 Applicant supporting documents Appendix 3 Premises history Appendix 4 Prop osed conditions Appendix 5 Re s idential map and list of p remises in the vicinity Report author: Kevin Jackaman Senior Licensing Officer Contact: Telephone: 020 7641 8094 E mail: kjackaman @westminster.gov.uk If you have any queries about this report o r wish to inspect one of the b a ckground papers please con tact the report author. Background Documents – Local Government (Access to Information) Act 1972 1 Licensing Act 2003 N/A 2 City of Westminster Statement of Licensing Policy 7 January 2016 3 Amended Guidance issued under section 182 of the Licens ing Act 2003 April 2019 4 Metropolitan P olice Service Representation ( W ithdrawn ) 30 October 2019 5 Environmental Health Service Representation 25 O ctober 2019 6 Interested Party Repres ent ation (1) ( W ithdrawn) 21 Novemb e r 2019 7 Interested P arty Representation (2) 24 October 2019 Premises Plans Appendix 1 Applicant Supporting Documents

7 Appendix 2 Dear R
Appendix 2 Dear Resident, We act for the app licant, Jacu Restauran t and Coffee Shop Limited, who have applied for a new premises licence with Westminster City Council in relation to the above premises. We have been passed on details of your representations by the Licensing Officer dealing with the application and we wo uld like to provide further details in relation to the application and the premises site. We confirm that 75 Page Street shall operate as an all - day café by the name of Jacu Restaurant & Coffee Shop where there shall be an offering of high quality Jacu c offee and sit down meals. In terms of the coffee, the indigenous Jacu birds inhabit the forest s in Brazil and feast on ripe coffee cherries produced in the forest shade. Once the Jacu bird has ingested the cherry, it goes through it s digestive system and the local villagers collect the odourless droppings, composed of the extremely rare coffee beans, and transport them to the drying areas where they are dried, cleaned and stored in their parchment for up to three months. The end resu lt is an expensive, cr eamy, dense coffee with a delicate balance of flavours, which growers feel is worth the time and effort that goes into collecting the beans by hand. The coffee has already had a positive reception in foreign countries, winning praise for its chocolatey and fruity flavour notes and its balance of an acidic base and a sweeter taste , and our clients think this will become a hit in its Coffee Shop as well. As well for a coffee, customers are invited to sit and dine within the premises al so. A selection of ham burgers, grills and pizzas will be available to order along with both alcoholic and non - alcoholic beverages. Having discussed the application with the police, we have agreed a number of conditions limiting the operation, such as: 1. There shall be no ver

8 t ical drinking of alcohol at the premis
t ical drinking of alcohol at the premises. 2. There shall be waiter/waitress service at the premises. 3. There shall be no self service of alcohol As a result of the conditio ns proposed and agreed, the Police are not objecting to the application Our client is also seeking to use tables and chairs outside the premises until 9pm, but these will of course be subject to a separate approved tables and chairs licence, issued by th e Council Street Trading team, and subject to the necessary planning permission require d. This regime will take into account the amount of the pavement that may be granted to be used for the purposes of tables and chairs; the Council will of course take in to account the bus stop and post box in that location. We also confirm that the follo wing model condition has been proposed in the application to ensure that there is no negative impact on the use of the outside area: The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderl y manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway. With the style of operation and the size of the public area, we do not expect large numbers of people smoking in the outside area at any one time. We appreciate your concerns with rough sleepers and anti - social behaviour in the area but we believe that by having this upmarket café in this locati on it will prevent rough sleepers from using the area, create a positive atmosphere in the vicinity and by having an all - day presence, it will have a positive impact on crime prevention. We hope the above goes some way in addressing your concerns however we are happy to meet on site should you feel this would be beneficial to you. Prem ises History Appendix 3 Application Details of Application

9 Date De termined Decision 05/110
Date De termined Decision 05/11049/LIPC Conversion 03.09.2005 Granted under delegated authority 07/00713/WCCMAP Master licence 03.09.2005 Granted under delegated authority 09/09787 /LIPDPS Variation of designated premises supervisor 16.12.2009 Granted under de legated authority 09/09951/LIPT Transfer – Jurva Holding Ltd to Anyting will do Ltd 12.03.2010 Granted under delegated authority 11/01423/LIPDPS Variation of designated premi ses supervisor 28.02.2011 Granted under delegated authority 11/07753/LIPDPS V ariation of designated premises supervisor 09.09.2011 Granted under delegated authority This licence was surrendered in December 2011 07/11199/LIPN New premises licence 13.0 2.2008 Granted under delegat ed authority 08/02399/WCCMAP Master licence 13.02. 2008 Granted under delegated authority 10/02120/LI PT Transfer – Jurva Holding Ltd to Anyting will do Ltd 12 . 04 . 2010 Granted under delegated authority This licence was surrend ered in December 2011 18/04975/LIPN New premises licence 06.09.2018 Granted by licensing sub committee Appendix 4 CONDITI ONS CONSISTENT WITH THE OPERATING SCHEDULE AND CONDITIONS PROPOSED BY A PARTY TO THE HEARING When determining an application f or a new premises licence under the provisions of the Licensing Act 2003, the l icensing authority must, unless it decides to rej ect the application, grant the licence subject to the conditions which are indicated as mandatory in this schedule. At a hearin g the licensing authority may, in addition, and having regard to any representa tions received, grant the licence subject to such conditions which are consistent with the operating schedule submitted by the applicant as part of their application, or alter o r omit these conditions, or add any new condition to such extent as the licensi ng

10 authority considers necessary for the p
authority considers necessary for the promotio n of the licensing objectives. This schedule lists those conditions which are consistent with the operating schedule, or propos ed as necessary for the promotion of the licensing objectives by a responsible authority or an interested party as indicated. Th ese conditions have not been submitted by the licensing service but reflect the positions of the applicant, responsible authorit y or interested party and have not necessarily been agreed Mandatory Condition s 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 pers onal licence is suspended. 3. Every supply of al cohol 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 r elation 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 t o; (i) drink a quantity of alcohol within a time limit (other than to drink a lcohol sold or supplied on the premises before th e cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcoh ol as possible (whether within a time limit or otherwise); (b) provision of u nlimited or unspecified quantities of alcohol fre e or for a fixed or discounted fee

11 to the public or to a group defined by a
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 fre e or discounted alcohol or any other thing as a p rize 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 suppl ying alcohol in association with promotional post ers 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 m anner; (e) dispensing alcohol directly by one p erson into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disabil ity). 5. The responsible person must ensure that free potable water is provid ed 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 verificati on policy is adopted in respect of the premises in relation to the sale or supp ly of alcohol. (2) The designated premises supe rvisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance wi th the age verification policy. (3) The policy must require individuals who ap pear to the responsible person to be under 18 yea rs of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identificati on bearing their photograph, date of birth and either — (a) a holographic mark , or (b) an ultraviolet feature. 7. The respo nsible person must ensure that — (a) where any of the following alcoholic drinks is sold or supplied

12 for consumption on the prem ises (othe
for consumption on the prem ises (other than alcoholic drinks sold or supplied having been made up in advan ce 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 whisk y: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; (b) these mea sures are displayed in a menu, price list or othe r 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 pr emises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premis es supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a ca pacity that which enables him to prevent the supply of alcohol. 8(i) A relevan t 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 t he condition set out in paragraph 8(i) above - (a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Ac t 1979; (b) "permitted price" is the price found by applying the formula - P = D+(DxV) Where - (i) P is the permitted pric e, (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 t ax were charged on the date of the

13 sale or supply of the alcohol; (c)
sale or supply of the alcohol; (c) "releva nt person" means, in relation to premises in resp ect of which there is in force a premises licence - (i) the holder of the premises licence, (ii) the designated premises su pervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alc ohol 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 office r to prevent the supply in question; and (e) "value added tax" means value added tax charged in accordance with the Value Adde d 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 - paragra ph rounded up to the nearest penny. 8(iv). (1) Sub - paragraph 8(iv)(2) bel ow applies where the permitted price given by Par agraph 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 permit ted price which would apply on the first day appl ies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day. C onditions consistent with the operating schedule 9. S ubstantial food and non - int oxicating beverages, including drinking water, sh all be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises. 10. The premises s hall install and maintain a comprehensive CCTV system as per the minimum requir ements of the We

14 stminster Police Licensing Team. All en
stminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The C CTV system shall continually record whilst the premises is open for licensable activities and during all times when customers re main on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of rec ordings shall be made available immediately upon the request of Police or autho rised 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 time s when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent C CTV images or data with the absolute minimum of delay when requested. 12. There shall be waiter/waitress service at the premises. 13. The sale and supply of alcohol for consumption immediately off the premises sh all be alcohol consumed at the tables and chairs in the external area as shown on the licence plan. 14. There shall be no self service of alcohol 15. There shall be no deliveries from the premises, made by a third party company, after 23:00. 16. No super - strength b eer, lagers, ciders or spirit mixtures of 5.5% AB V (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles. 17. A direct telephone number for the manager at the premises shall be publicly avai lable at all times the premises is open. This tel ephone number is to be made available to residents and businesses in the vicinity. 18. No rubbish, including bottles, shall be move d, removed or placed in outside areas between 2300 hours and 0600 hours or as i n compliance with Westminster City Council’s own waste contractor collection

15 hours. 19. No deliveries to the p
hours. 19. No deliveries to the premises shall take place between 23:00 hours and 06:00 hours on the fo llowing day 20. Notices shall be prominently displayed at all exits requesting pat rons to respect the needs of local residents and businesses and leave the area quietly. 21. Persons temporarily leaving the premises onto the public highway for the purposes of smo king shall not take any alcoholic drinks with them. 22. Notices shall be prominen tly displayed at any area used for smoking reques ting patrons to respect the needs of local residents and use the area quietly. 23. The premises licence holder shall ensure that an y patrons drinking and/or smoking outside the premises do so in an orderly mann er and are supervised by staff so as to ensure th at there is no public nuisance or obstruction of the public highway. 24. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order. 25. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly ident ified in accordance with the plans provided. 26. All emergency doors shall be available at all material times without the use of a key, code, card or similar means. 27. All emergency doors shall be maintained effectively self - closing and not held open other than by an approved device. 28. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous. 29. Curtains and hangings shall be arranged so as not to obstru ct emergency safety signs or emergency equipment. 30. All fabrics, curtains, drape s and similar features including materials used i n finishing and furnishing shall be either non - combu

16 stible or be durably or inherently flame
stible or be durably or inherently flame - retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, sh all be non - combustible. 31. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary fo r the prevention of crime. 32. An incident log shall be kept at the premises, and made available on request to an authorised office r of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following: (a) al l crimes reported to the venue (b) all ejections of patrons (c) any complaint s 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, searching equipment o r scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service. 33. T he premises may remain open for the sale of alcohol, regulated entertainment and the provision of late night refreshment from the t erminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day. 34. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental He alth Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the cap acity so determined. 35. The Licence will have no effect until the Licensing Authority are satisfied that the premises are constru cted or altered in accordance with the appropriate provisions of the District S urveyor’s Association – Technical standards for P laces of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at w

17 hich time this condition will be remov
hich time this condition will be removed from the Licence. 36. Prior to the licence taking effec t, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are accurate reflection of the premises constructed. Where the premises la yout has changed during the course of construction new plans shall be provided to the LFEPA, Environmental Health Consultation T eam, the Police and the Licensing Authority. Conditions proposed by the Environmental Health and a greed with the applicant s o a s to form part of the op er ating schedule: 37. There shall be no sales of alcohol for consumption off the premises after (23.00). 38. Sales of alcohol for consump tion off the premises shall only be supplied with , and ancillary to a take - away meal 39. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 60 persons 40. After 21:00 hours, patrons permitted to temporarily leave and then re - enter the premises, e.g. to smoke, sh all be limited to 5 persons at any one time 41. All ta bles and chairs shall be removed from the outside area by 21:00 hours each day 42. There shall be no sales of hot food or hot drink for consumption off the p remises after 23.00 43. During the hours of operati on 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 ac cordance with the approved refuse storage arrangements by close of business 44. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carryi ng on business in the area where the premises are si tuated 45. No noise ge

18 nerated on the premises, or by its assoc
nerated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through t he structure of the premises which gives rise to a nuisance 46. All windows and external doors shall be kept closed after 21:00 hours, except for the immediate access and egress of persons 47. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled c ollection times 48. The sale and supply of alcohol for consumption immediately 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 th e 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. Condit ions proposed by the Police and agreed by the app licant so as to form part of the operatin g schedule : 49. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises; save for alcohol bei ng consumed in the external seating area. 50. There s hall be no vertical drinking of alcohol at the premi ses. Residential Map and List of Premises in the Vicinity Appendix 5 Resident count: 835 Licensed premises within 75 metre s of Ja cu Restaurant and Coff ee Shop , 75 Page Street, London, SW1P 4EJ Licence N umber Trading Name Address Premises Type Time Period 16/00979/LIPDPS Shepherds Restaurant Shepherd's Restaurant Marsham Street London SW1P 4LA Restaurant Monday to Saturday; 10:00 - 00:30 | Sunday; 12:00 - 00:00 16/02216/LIPRW Sainsbury's 78 - 96 Marsham Street London SW1P 4LY Food store Monday to S unday; 07:00