Agenda item

Sushi Eatery, 40 Frith Street, London, W1D 5LN

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward /

West End Cumulative Impact Area

Sushi Eatery, 40 Frith Street, London, W1D 5LN

Review

18/12982/

LIREVP

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Tuesday 19th February 2019

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:             Horatio Chance

Committee Officer:     Andrew Palmer

Presenting Officer:     Daisy Gadd

 

Present:  Mr Brian Anderson (on behalf of the Home Office/Applicant), Ms Latifa Grant (on behalf of the Home Office/Applicant), Mr Fook Moon Chan (Premises Licence Holder), Mr Wai Keun Cheong (Director) and Ms Safar Nasrandi (legal representative for the licence holder).

 

 

 

 

 

Sushi Eatery, 40 Frith Street, London W1D 5LN

18/12982/LIREVP (“The Premises”)

 

 

An application had been submitted by the Home Office (Immigration Enforcement), for a review of the premises licence for Sushi Eatery, 40 Frith Street, London W1D 5LN (the Premises) on the grounds of prevention of crime and disorder.

 

Officers from Immigration Enforcement had conducted a visit to the Premises on 25 June 2018, and had arrested five subjects who had no right to work in the UK. In light of the five subjects found working illegally, the Home Office wished to seek revocation of the premises licence.  

 

 

Decision:

 

Latifa Grant (on behalf of the Home Office/Applicant) addressed the Committee, and advised that following discussions between the Home Office and the licence holder, it had been agreed that a request would be made for the application for revocation to be withdrawn, subject to conditions being imposed on the premises licence which set out the measures that would be taken to ensure prospective employees had the right to work in the UK.

 

The Committee agreed to adjourn the Hearing for 30 minutes, to enable the parties to agree the content of the further proposed conditions.

 

When the Committee reconvened, the following proposed conditions were tabled:

 

1)    No person shall be allowed to work (including permanently, temporarily or on a trial basis) at the premises unless they have and are able to demonstrate the right to work.

 

2)    Right to work checks shall be carried out by the Premises Licence Holder or an individual authorised by the Premises Licence Holder on all persons carrying out work within the premises, whether paid or otherwise, temporary or permanent, before those persons commence work. The documentation for each such person shall include the original documents to show they have a right to work in the UK and date-stamped colour copies of all documents produced and enquiries made shall be retained on the premises confirming the name of the person who has checked the original documents, any enquiries made. This information shall be retained in each case for a minimum of 3 years. Such copies to be kept on the premises and made available for immediate inspection by Police, Licensing or Immigration Officers. 

 

3)    Right to work audits of all persons working at the premises shall be carried out at least annually, and sooner where any visas are time limited and where the status of the person to remain in the UK has changed. Records of said audits shall be retained for a period of at least 3 years and made available for immediate inspection by Police, Licensing or Immigration Officers.

 

The Committee agreed that although on some occasions revoking a premises licence could be the correct course of action, it should only be considered as a  last resort, and the Home Office should always seek an opportunity to enter into dialogue with the licence holder at an early stage before submitting such an application to the Licensing Authority

 

The Committee acknowledged the difficulty in determining whether identification documents were forgeries, but emphasised that the Home Office guidance for checking eligibility to work in the UK needed to be followed, and was not optional.

 

Having carefully considered the evidence, the Committee agreed that the premises licence should not be revoked, and considered that adding the proposed conditions to the operating licence would be an appropriate remedy in this case that would have the desired effect of promoting the licensing objectives in particular the crime and disorder licensing objective. The Committee also suggested that the licence holder should liaise with the Home Office to ensure that appropriate checks were made in future.

 

 

 

 

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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children;

 

(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

 

(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;

 

(d)        provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on;

 

(i) the outcome of a race, competition or other event or process, or

(ii) the likelihood of anything occurring or not occurring;

 

(e)        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.

 

5.         The responsible person shall ensure that no alcohol is dispensed 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).

 

6.         The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

 

7.       (1)         The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

 

(2)       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 a holographic mark.

 

8.         The responsible person shall 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)       customers are made aware of the availability of these measures.

 

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.

 

Conditions consistent with the operating Schedule

 

9.        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.

 

10.      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.

 

11.      The supply of alcohol shall be by waiter or waitress service only.

 

12.      There shall be no hot food or hot drinks provided for takeaway service after 23:00 hours.

 

13.      There shall be no draught sales of alcohol.

 

14.      The sale of alcohol for consumption 'off' the premises shall only be supplied with and ancillary to a take-away meal.

 

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

 

16.      Patron's temporarily leaving the premises shall not be permitted to take drinks outside with them.

 

17.       The maximum number of persons accommodated at any one time (excluding staff) shall not exceed:

 

Basement - 40 Persons

Ground Floor - 10 Persons

 

18.      All waste shall be properly presented and placed for collection no earlier than 30 minutes before the scheduled collection time.

 

19.      No rubbish, including bottles, shall be moved, removed or placed in the outside areas between 2300 hours and 0800 hours.

 

20.      No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to nuisance.

 

21.      Notices shall be prominently displayed at all exists requesting patrons to respect the needs of local residents and leave the area quietly.

 

22.      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.

 

23.      The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

24.      The entrance door shall be kept closed after 22:00 hours or at anytime that regulated entertainment is provided, except for the immediate access and egress of persons.

 

25.       A Challenge 21 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

 

26.       The premises shall install and maintain a CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

 

27.       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 are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

 

28.       The premises shall only operate as a restaurant:

 

(i)        In which customers are shown to their table,

(ii)       Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iii)      which do not provide any take away service of food, hot drinks or alcohol for immediate consumption after 23.30hrs Monday to Thursday, and after midnight on Fridays and Saturdays and after 22.30hrs on Sundays.

(iv)      where intoxicating liquor shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of intoxicating liquor by such persons is ancillary to taking such meals.

 

29.       The supply of alcohol shall be by waiter or waitress service only.

 

30.       All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall only be supplied ancillary to take away food

 

31.       A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log 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 are open.

 

32.       No person shall be allowed to work (including permanently, temporarily or on a trial basis) at the premises unless they have and are able to demonstrate the right to work.

 

33.       Right to work checks shall be carried out by the Premises Licence Holder or an individual authorised by the Premises Licence Holder on all persons carrying out work within the premises, whether paid or otherwise, temporary or permanent, before those persons commence work. The documentation for each such person shall include the original documents to show they have a right to work in the UK and date-stamped colour copies of all documents produced and enquiries made shall be retained on the premises confirming the name of the person who has checked the original documents, any enquiries made. This information shall be retained in each case for a minimum of 3 years. Such copies to be kept on the premises and made available for immediate inspection by Police, Licensing or Immigration Officers. 

 

34.       Right to work audits of all persons working at the premises shall be carried out at least annually, and sooner where any visas are time limited and where the status of the person to remain in the UK has changed. Records of said audits shall be retained for a period of at least 3 years and made available for immediate inspection by Police, Licensing or Immigration Officers.

 

 

 

Supporting documents: