Agenda item

52-54 Brooks Mews, London, W1K 4EG

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward/ Not in Cumulative Impact Area

52-54 Brooks Mews,

London,

W1K 4EG

New Premises Licence

18/16217/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.4

Thursday 21 February 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Peter Freeman and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Committee Officer:      Georgina Wills

Presenting Officer:      Kevin Jackaman

 

Relevant Representations: Environmental Health and a Local Resident.

 

Present: Mr Thomas (Solicitor representing the Applicant), Mr Rashad (Applicant, Azur Limited) and Ms Rachel Bravard (Local Resident)

 

 

52-54 Brooks Mews London W1K 4EG (“The Premises”) 18/16217/LIPN

1.

Sale by retail of alcohol (Both):

 

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Azur Limited, (“the Applicant”) for a New Premises licence in respect of 52-54 Brooks Mews London W1K 4EG.

 

The Presenting Officer provided an outline of the application to the Sub-Committee. He confirmed that Environmental Health had withdrawn their representation and that the Premises was not located in the West End Cumulative Impact Area (“CIA”).  He further confirmed that a representation had been received by a local resident and this was in relation to public nuisance. 

 

Mr Thomas (Applicant’s Representative)  submitted that in his opinion  Le Petit Maine was the ‘best restaurant in the world’. He stated that the restaurant had numerous branches in several Continents and served high quality Mediterranean food. The restaurant had also received a number of acclaims from the food and drink industry. Mr Thomas advised that the premises’ lease was to end and that the increase in demand had led the Applicant to expand the Premises and apply for a New Premises License.  A premises licence was currently in existence at 53-54 Brooks Mews, it was sought to add 52 Brook’s Mews as part of the licensed area. Save for an increase in internal capacity of 20 persons the application was on the same terms, hours and conditions as the existing premises licence.

 

Mr Thomas advised that the Applicant had agreed to the Model Conditions which had been proposed by Environmental Health and the Police. There had also been constructive discussions held with local residents. He advised that the Premises was ‘well run’, had a good reputation amongst local residents and that the Applicant wanted to remain at the current site.

 

Ms Rachel Bravard, Local Resident, addressed the Sub-Committee and advised that she had resided in the area for a decade. She commented that the Applicants were ‘great neighbours’ and that she supported the Application. Ms Bravard stated that she had concerns over noise emanating from the Premises, especially during refuge collections and deliveries. She commented that it would be beneficial if collections and deliveries did not occur between 23:00hrs and 07:00hrs to minimise the impact on nuisance for residents. The Sub-Committee commented that residents could contact Environmental Health if they had any concerns over noise nuisance.

 

In response to questions from the Sub-Committee, Mr Rashad advised that the customer entry and exit points to the Premises would not change and the new entrance would only be used by staff members and during emergency exits.  The restaurant’s busiest period was during 13:00hrs – 13:30hrs and there was usually only one sitting. The Premises also had external seating. Mr Rashad advised that if the Sub-Committee was minded to grant the application he would agree to surrender the existing Premises Licence.

 

The Sub-Committee carefully considered all the evidence and decided to grant the application accordingly. The Sub-Committee was pleased to note the constructive discussions that had taken place between the Applicant and the local resident. To address concerns raised at the Hearing model condition 24 was imposed which required the Applicant to provide a staff contact number for residents to use for reporting any potential noise nuisance which emanated from the Premises. The Sub-Committee considered the conditions imposed on the Premises Licence to be appropriate and proportionate and was satisfied that they would help promote the licensing objectives. The Sub-Committee also commented on the importance that the dialogue between local residents and Applicant was sustained. 

 

2.

Late Night Refreshments

 

Monday to Saturday: 23:00 to 00:30

Sunday: 23:00 to 00:00

 

 

Amendments to application advised at hearing:

 

None 

 

 

Decision (including reasons if different from those set out in report):

 

The application was granted, (reasons for decisions are detailed in Section 1) subject to conditions as set out below

 

3.

Opening Hours of the premises

 

Monday to Saturday: 10:00 to 00:30

Sunday: 12:00 to 00:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The application was granted, the reason for the decision is detailed in section 1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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;

 

(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 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.

 

Conditions consistent with the operating schedule

 

9.        Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

10.       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.

 

11.       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. 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.

 

12.       There shall be seating for no more than 120 persons inside the premises with tables and chairs to be permanently laid out.

 

Conditions which reproduce the effect of any restriction imposed on the use of the premises by specified enactment

 

Conditions related to the Sale of Alcohol

 

13. (i) Alcohol shall not be sold, supplied, consumed in or taken from the premises except

during permitted hours.

 

In this condition, permitted hours means:

 

(a)   On weekdays, other than Christmas Day, Good Friday or New Year's Eve,

10:00 to 23:00

(b) On Sundays, other than Christmas Day or New Year's Eve, 12:00 to 22:30

(c) On Good Friday, 12:00 to 22:30

(d) On Christmas Day, 12:00 to 15:00. and 19:00 to 22:30

(e) On New Year's Eve, except on a Sunday, 10:00 to 23:00

(f)  On New Year's Eve on a Sunday, 12:00 to 22:30

(g) On New Year's Eve from the end of permitted hours on New Year's Eve to

     the start of permitted hours on the following day (or, if there are no permitted

     hours on the following day, midnight on 31st December).

 

(ii) Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year's Eve), and on Christmas Day, between 15.00 and 19.00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

 

NOTE - The above restrictions do not prohibit:

 

(a)   during the first thirty minutes after the above hours the consumption of the

alcohol on the premises;

(b)   during the first twenty minutes after the above hours, the taking of the alcohol

from the premises unless the alcohol is supplied or taken in an open vessel;

(c)   during the first thirty minutes after the above hours the consumption of the

alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(d)   the sale or supply of alcohol to or the consumption of alcohol by any person

residing in the licensed premises;

(e)   the ordering of alcohol to be consumed off the premises, or the despatch by

the vendor of the alcohol so ordered;

(f)    the sale of alcohol to a trader or registered club for the purposes of the trade

or club;

(g)   the sale or supply of alcohol to any canteen or mess, being a canteen in

which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(h) the taking of alcohol from the premises by a person residing there;

(i)  the supply of alcohol for consumption on the premises to any private friends

     of a person residing there who are bona fide entertained by him at his own

     expense, or the consumption of alcohol by persons so supplied;

(j)  the supply of alcohol for consumption on the premises to persons employed

     there for the purposes of the business carried on by the holder of the licence,

     or the consumption of liquor so supplied, if the liquor is supplied at the

     expense of their employer or of the person carrying on or in charge of the

     business on the premises. In this condition, any reference to a person

     residing in the premises shall be construed as including a person not residing

     there but carrying on or in charge of the business on the premises.

 

14.       No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

 

(a) He is the child of the holder of the premises licence.

(b) He resides in the premises, but is not employed there.

(c) He is in the bar solely for the purpose of passing to or from some part of the

     premises which is not a bar and to or from which there is no other convenient

     means of access or egress.

(d)The bar is in railway refreshment rooms or other premises constructed, fitted

     and intended to be used bona fide for any purpose to which the holding of the

     licence is ancillary. In this condition "bar" includes any place exclusively or

     mainly used for the consumption of intoxicating liquor. But an area is not a bar

     when it is usual for it to be, and it is, set apart for the service of table meals

     and alcohol is only sold or supplied to persons as an ancillary to their table

     meals.

 

15.       The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

 

16.       No licensable activities shall take place at the premises until premises licence 16/02087/LIPDPS (or such other number subsequently issued for the premises) has been surrendered.

 

17.       No licensable activities shall take place at the premises until the works have 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.

 

18.       A 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. 

 

19.       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

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service

 

20.      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.

 

 

21.      All outside tables and chairs shall be removed or rendered unusable by 23.00 each day.

 

23.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

24.      No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 07:00 hours on the following day or alternatively can be as specified on the Council’s website for Commercial Waste collection times for the street.

 

25.      No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.

 

26.      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 washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

27.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

28.      No licensable activities shall take place at the premises until premises licence xxxx/xxxxxx/xxxx (or such other number subsequently issued for the premises) has been surrendered [and is incapable of resurrection].

 

 

 

 

Supporting documents: