Agenda item - Big Mamma, 40 - 41 Rathbone Place, London, W1T 1JN

Big Mamma, 40 - 41 Rathbone Place, London, W1T 1JN

Meeting of Licensing Sub-Committee (4), Thursday 24th January, 2019 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward/ Not in Cumulative Impact Area

Big Mamma, 40 - 41 Rathbone Place, London, W1T 1JN

New Premises Licence

18/15108/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 24^th January 2019

Membership: Councillor Karen Scarborough (Chairman), Councillor Jim Glen and Councillor Aziz Toki.

Legal Adviser: Horatio Chance

Policy Officer: Kerry Simpkin

Committee Officer: Toby Howes

Presenting Officer: Michelle Steward

Relevant Representations: Environmental Health and 1 neighbourhood association.

Present: James Anderson (Solicitor, representing the Applicant), Jack de Wet (Applicant Company) and Dave Nevitt (Environmental Health).

Big Mamma, 40-41 Rathbone Place, London, W1T 1JN (“The Premises”) 18/15108/LIPN
1.	Late night refreshment
	Monday to Thursday: 23:00 to 23:30 Friday and Saturday: 23:00 to 00:00
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): public nuisance, public safety, and protection of children from harm). James Anderson (Solicitor, representing the Applicant) began by advising that the Applicant operated a number of restaurants, including seven in Paris and one in Lille and was in the process of opening a new restaurant in Shoreditch, London. It was submitted that the business was French owned, but offered primarily high quality Italian food and the staff were also mainly Italian. The Applicant considered the site to offer a significant opportunity for its business. The intention was for the Premises to operate as a restaurant, however the model restaurant condition was not desirable as the Applicant’s business model offered customers the choice as to whether they wished to dine or not. This meant that customers would have the flexibility upon deciding if they wanted to have a meal at any time, rather than having to decide upon entering the Premises. Mr Anderson stated that in the circumstances the Sub-Committee should therefore consider the Applicant’s preference for model condition 38, which states that the supply of alcohol shall be to seated customers and ancillary to a table meal, was more appropriate for most areas of the Premises, save for a hatched area as demarcated on the plans. The hatched area would be the only area where customers could drink alcohol without it being ancillary to food, however even this area had some seating but customers would still be served alcohol through a waiter/waitress service. Mr Anderson concluded his initial submission by stating that the application was within core hours, apart from a slightly earlier commencement hour for the sale of alcohol on Sundays. However, there was a condition proposed relating to the supply of alcohol between 10:00 and 12:00 on Sundays stating that it must be ancillary to a table meal. Mr Anderson felt that the application was well balanced, taking all its aspects into consideration. The Sub-Committee noted that the Premises was located on the opposite side of the road to where a cumulative impact area was in force and that Rathbone Place had become significantly busier in recent years. The capacity of the ‘bar area’ was sought and how this would be managed effectively. Details were also sought as to how queues would be managed to aid dispersal, in view of the fact that the Applicant’s other premises could attract a large volume of people. In reply to questions from the Sub-Committee, Mr Anderson advised that there would be an estimated 100 seats in the bar area. Although a percentage of those people would be served alcohol by waiter/waitress service, and it was to be expected that a small number of customers -would come to the bar and order drinks from it without necessarily being seated. However, some customers would be seated and also eating in the bar area and the business would be food led, with around 75% sales relating to food and 25% for drinks. The alcohol offer would mainly be wine and there would only be one brand of lager on offer to customers. Jack de Wet (Applicant Company) added that there would be no more than around 16 customers standing in the bar area at any one time and any more than this would hinder people who were dining which was not the intention. In respect of queue management, Mr de Wet advised that this would be operated under a digital management system to minimise queues and any spillage would not encroach upon the pavement. The Sub-Committee was persuaded that if this practice was adopted by the Applicant then this would improve the traffic flow of customers entering the Premises as well as assist in the departing arrangements because the Applicant would have a proper control on numbers. Dave Nevitt (Environmental Health) informed the Sub-Committee that there had been extensive discussions with the Applicant and he concurred with the Applicant’s view that model condition 38 was more appropriate than model restaurant condition 66 in view of how the Premises intended to operate. Mr Nevitt felt that the application was not against policy, however he maintained his representation on the basis that a residents’ association had also made a representation. He felt that as the outside area to the rear of the Premises closed at 22:00hrs, then this would not impact unduly on residents in terms of potential nuisance. The conditions proposed were appropriate and the plans were clearly marked. Mr Nevitt advised that the Premises was of good integrity in terms of preventing noise breakout and this issue should not impact upon residents. The Sub-Committee asked some further questions to the Applicant with regard to whether hot takeway food would be available and if not would the Applicant be ready to accept a condition prohibiting this. The Sub-Committee also queried if there would there be a waiter/waitress service for the outside area and would the Applicant re-consider a later commencement hour for the sale of alcohol on Sundays so that it was within, or nearer, core hours. In reply to the Sub-Committee’s questions, Mr Anderson reiterated that alcohol consumption on Sundays from10:00 to 12:00 would be ancillary to a table meal as proposed in one of the conditions. He advised that hot food takeaways were not part of the Applicant’s business model, however he queried whether a condition restricting this was necessary and was there a policy as such limiting this activity. Mr de Wet added that the Applicant did not offer hot food takeaways and the primary reason for not doing so was that its products did not travel well. The Sub-Committee granted the application, subject to conditions, including model condition 38 applying to most of the premises, save the areas which are hatched and crossed on the plans as it agreed with the Applicant and Environmental Health’s view that this was more appropriate than model restaurant condition 66 when considering how the Applicant wished to operate the Premises. The Sub-Committee also appreciated that the Premises would be food led when choosing model condition 38 over model condition 66 and with that in mind accepted that model condition 66 would be too restrictive for the Applicant’s business model bearing in mind that each application has to be considered on its individual merits as well as taking into account the evidence advanced during the course of the hearing by the Applicant in this respect. In determining the application, the Sub-Committee noted that the proposals for licensable activities were almost all within core hours and alcohol that could be consumed prior to core hours on Sundays had a specific condition stating that consumption must be ancillary to a table meal. The Sub-Committee also considered that the conditions to be imposed on the Premises Licence to be appropriate and proportionate that would assist the Applicant in upholding the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and accordingly the application was granted.
2.	Sale by retail of alcohol: On and off sales
	Monday to Thursday: 10:00 to 23:30 Friday and Saturday: 10:00 to 00:00 Sunday: 10:00 to 22:30
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): Granted, subject to conditions as set out below (see reasons for decision in Section 1).
3.	Hours premises are open to the public
	Monday to Thursday: 08:00 to 23:30 Friday and Saturday: 08:00 to 00:00 Sunday: 08:00 to 22:30
	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 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;

(i) the holder of the premises licence,

(ii) the designated premises supervisor (if any) in respect of such a licence, or

(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

Additional Conditions imposed by the Sub-Committee

9. 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;

10. 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;

11. A Challenge 21 or 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 a driving licence, passport or proof of age card with the PASS Hologram;

12. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open;

13. The rear external terrace will not be used by customers after 22:00hrs.

14. 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 other than in the areas which are hatched and cross hatched on the plan attached to the premises licence;

15. In the area which is cross hatched (not hatched) on the plan attached to the premises licence the supply of alcohol will be only by waiter/waitress service to customers who are seated;

16. The number of persons permitted inside the whole of the premises at any one time (excluding staff) shall exceed 240 persons

17. On Sundays from 10:00 until 12:00 the supply of alcohol anywhere on the premises shall only be to persons seated taking a table meal there and for consumption by such a person as ancillary to their meal.

18. There shall be no sales of alcohol for consumption off the premises after 23:00.

19. Sales of alcohol for consumption off the premises shall only be supplied with an ancillary takeaway meal.

20. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them

21. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority

22. Any delivery of alcohol to customers from the premises will not be made using motorized vehicles.

Supporting documents:

Big Mamma Redacted Report, item 3. PDF 6 MB