Agenda item
Muriels Kitchen, 36 Old Compton Street, London, W1D 4US
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
West End Ward/ West End Cumulative Impact Area |
Muriels Kitchen 36 Old Compton Street London W1D 4US |
Premises Licence Variation |
18/11463/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday 13th December 2018
Membership: Councillor Tim Mitchell (Chairman), Councillor Jim Glen and Councillor Aziz Toki
Legal Adviser: Horatio Chance
Committee Officer: Tristan Fieldsend
Presenting Officer: Daisy Gadd
Relevant Representations: The Licensing Authority and Environmental Health
Present: Ms Lana Tricker (Solicitor, representing the Applicant), Ms Allana McCabe and Mr Jim Robertson (Applicants), Mr Dave Nevitt (Environmental Health) and Mr Steve Rowe (Licensing Authority).
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Muriels Kitchen, 36 Old Compton Street, London, W1D 4US (“The Premises”) 18/11463/LIPV
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1. |
Sale by Retail of Alcohol – On Sales
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Amendments to application advised at hearing:
The Applicant advised that the proposed commencement hours for the sale by retail of alcohol on Saturday and Sunday are to be reduced to 09:00 hours.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Maxwell’s Restaurants Ltd for a variation of a premises licence in respect of Muriels kitchen, 36 Old Compton Street, London, W1D 4US.
The Licensing officer introduced the application to the Sub-Committee.
Ms Tricker, representing the Applicant, explained that the Premises provided an all-day dining experience within Soho where the average spend was approximately £50 per person. Condition 20 on the existing licence, which would not be changed, ensured the Premises could only operate as a restaurant with the sale of alcohol ancillary to a person seated taking a table meal. It was stated that the application was seeking to extend the hours permitting the sale of alcohol. There would be no extension to the hours permitting late night refreshment and the terminal opening hours would also remain unchanged. It was also sought to allow the Premises to open at an earlier hour in order to cater for the breakfast trade. No objections to the application had been received from either local residents or amenity societies. If the Sub-Committee was minded to grant the application but felt that the 08:00 opening hour at the weekends was too early the Applicant was content for this to be reduced to 09:00. The Premises was not a bar, pub or fast food operation and no regulated entertainment was permitted. No increase in the Premise’s capacity was proposed and the staggered dispersal of patrons that currently took place would continue due to no change in the terminal opening hours. The application promoted the licensing objectives and reassurance was provided that staff undertook rigorous training regarding the sale of alcohol.
Ms Tricker highlighted that the Police had no objections over the increase in the hours permitting the sale of alcohol and this addressed any crime and disorder concerns. The City Council’s Statement of Licensing Policy at paragraph 2.5.12 also recognised that restaurants were unlikely to add to crime and disorder issues in an area. In terms of layout no alterations were planned and the outside area containing tables and chairs would not impact on the application as this area would be cleared by 23:00. It was also confirmed that the application was not seeking any off sales. An SIA was currently employed on Thursday, Friday and Saturday evenings but this could be extended to two if the Sub-Committee deemed it appropriate. The Premises had utilised its full allocation of Temporary Event Notices (TENs) to the hours sought in the application with no issues arising. The Sub-Committee was advised that within the local area a large number of Premises also operated to the hours being sought. The Applicant was also a member of PubWatch and had extensive experience of being a responsible operator. It was considered that the proposed changes to the conditions on the licence including disposal of waste and noise made them more enforceable and provided greater accountability for the operator.
Mr Robertson, the Applicant, explained that the Premises had been operating for 46 years and had an embedded, extensive training programme in place for all staff. The Premises already opened to the hours sought for the sale of alcohol and the application was just seeking to improve the customers restaurant experience.
The Sub-Committee noted that the licence was conditioned so that seating had to be provided for 90% of the capacity of the Premises. Ms Tricker explained that this was condition 12 on the old licence and was in conflict with the condition requiring all customers to be seated, namely condition 20. As such, it was stated that condition 12 should be removed from the licence. The Sub-Committee was interested to learn why it was not proposed to include the full model restaurant condition on the licence. Ms Tricker advised that the current licence required the Premises to be a food-led operation with alcohol ancillary to customers talking a table meal. The conditions ensured it was a restaurant and therefore it was carefully considered on balance that the full restaurant condition was not required in these circumstances. Mr Nevitt, representing Environmental Health, confirmed that the Premises had recently undergone a significant refurbishment. As such a recent inspection of the Premises had been undertaken and the Sub-Committee was advised that it was a well established restaurant operation which was not considered a cause for concern. The Premises was already providing late night refreshment until 01;00 hours with Environmental Health’s representation maintained for Policy reasons as it would permit 140 people in the Cumulative Impact Area (CIA) to purchase alcohol until 01:30. It was recognised however that currently customers could still consume alcohol at the Premises until 01:30. The full model restaurant condition was not proposed to be included on the licence but the Premises did operate as a restaurant and it was considered that imposing it would not prejudice the operation. The Sub-Committee took the view that each application has to be considered on its individual merits and therefore it did not automatically follow that because a premises operated as a restaurant that MC66 would be imposed as a rule in every scenario because that depended largely upon the style, nature of the premises and its operation. The Sub-Committee was also informed that the majority of the proposed changes to the conditions made the licence more enforceable and more relevant. The changes to the conditions relating to waste disposal were not considered appropriate however as they were a deviation from standard conditions and as there appeared to be no issues with the current situation it was queried why they should be altered. Finally, the proposed condition permitting the sale of no more than two super-strength beers, lagers or ciders was considered acceptable as this condition normally related to off licences. Mr Nevitt reminded the Sub-Committee that if it was minded to grant the application it had to consider if it wanted to extend the hours permitting the sale of alcohol for seven days a week.
In response to a question from the Sub-Committee with regards to waste storage the Applicant confirmed that they were happy for the condition to be amended so that no waste could be placed in outside areas.
Mr Rowe, representing the Licensing Authority, acknowledged that the Premises was currently permitted to operate until 01:30. However, permitting patrons to purchase alcohol for additional hours had the potential to attract more people into the CIA. The Applicant therefore had to demonstrate that the application would not add to cumulative impact in the local area. It was agreed that restaurant applications were generally granted to later hours outside of the CIA. The policy was much stricter with those located in a CIA however due to the potential impact they may have.
Ms Tricker explained that the Premises would not add to cumulative impact as it was a restaurant operation, no increase in capacity was sought and patrons were already currently permitted to finish their drinks until the terminal hour.
After carefully considering the application the Sub-Committee agreed to grant the application subject to several amendments. Due to the Premises being a restaurant operation the Sub-Committee considered it an exception to policy with the conditions to be imposed on the licence appropriate to ensure it did not add to cumulative impact in the local area. Patrons were currently permitted to consume alcohol until the terminal hour and extending the hours for the sale of alcohol would actually help the operator control and monitor the sale of alcohol. The proposed change to the waste conditions preventing any waste to be placed in outside areas was accepted along with the condition requiring one SIA door supervisor to be in attendance at the entrance of the Premises on Thursday, Friday and Saturday nights. The Sub-Committee also considered that restricting the commencement hour for the sale by retail of alcohol to 09:00 hours instead of 08:00 on Saturdays and Sundays was appropriate and proportionate for the area. Overall the Sub-Committee was satisfied that the nature of the operation and the conditions offered by the Applicant, including those amended by the Sub-Committee, were restrictive enough to ensure that the Premises would not add to cumulative impact in the CIA, was suitable for the local area and ultimately promoted the licensing objectives.
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2. |
Conditions Proposed to be Removed
Condition 13
There shall be an intensive 2 weeks training scheme for all staff joining the company and there shall be ongoing training in relation to food hygiene, health and safety, fire safety and sale of age restricted items.
Condition 14
The management shall use their best endeavour to make sure they are good neighbours to anyone, residents or businesses within the vicinity.
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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 granted the application (see reasons for decision in Section 1).
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3. |
Conditions Proposed by the Applicant to be Amended
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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 granted the application (see reasons for decision in Section 1).
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Conditions proposed by the applicant to be added
The premises may remain open for the sale of alcohol, and the provision 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.
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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 granted the application (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 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.
Conditions Attached after a Hearing by the Licensing Authority
9. The premises shall operate as a restaurant.
10. Alcohol consumed in the designated outside area shall only be consumed by patrons seated at tables.
11. All staff shall be trained in respect of the Licensing Act requirements and offences, and in particular in respect of underage sales. If there is any doubt about the age of any customers requesting the purchase of alcohol, photographic evidence will be required.
12. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
13. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
14. No more than two super-strength beer, lagers or ciders of 5.5% ABV (alcohol by volume) or above shall be sold at the premises.
15. 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.
16. The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
17. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
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 (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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
19. The supply of alcohol shall only be by counter staff or waiter or waitress service.
20. Before any alcohol can be supplied in any Exterior Dining Area a street trading licence under the City of Westminster Act 1999, if necessary, must be obtained. In any case this area must cease to be used after 23:00 hours and any street furniture rendered unusable after this time.
21. Except for in any permitted Exterior Dining Area patrons temporarily leaving the premises, such as for the purposes of smoking, shall not take any drinks with them outside the premises.
22. The number of persons accommodated at any one time (excluding staff) shall never exceed the following on each floor:
Ground Floor: 140 Mezzanine: 30
Provided always that the combined capacity when the premises is in use under this licence shall never exceed 140 in total (excluding staff).
23. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
24. 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.
25. All waste is to be retained on the premises until collection and is not to be left deposited on the public highway at any time.
26. No rubbish, including bottles, shall be moved or removed between 01:30 hours and 08:00 hours or as in compliance with Westminster City Council’s own waste contractor collection hours.
27. No collections, including refuse and recyclable food waste, shall take place between 01:30 hours and 06:00 hours or as in compliance with Westminster’s City Council’s own waste contractor collection hours.
28. 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.
29. Flashing or particularly bright lights from the premises shall not cause a nuisance to nearby properties.
30. 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.
31. 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 to the public. This staff member shall be able to show Police or an authorised officer of the Council recent data or footage with the absolute minimum of delay when requested.
32. The premises may remain open for the sale of alcohol, and the provision 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.
33. A minimum of one SIA licensed door supervisor shall be on duty at the entrance of the premises on Thursday, Friday and Saturday nights.
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Supporting documents:
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