Skip to main content

Agenda item

Bombay Bustle, Ground Floor, 29 Maddox Street, London, W1S 2PA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

West End Ward/ West End

Cumulative Impact Area

Bombay Bustle

Ground Floor

29 Maddox Street

London

W1S 2PA

Premises

Licence

Variation

19/09327/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10 October 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Licensing Authority

 

Present: Philip Somarakis (Solicitor, representing the Applicant) and Karyn Abbott (Licensing Authority)

 

Bombay Bustle, Ground Floor, 29 Maddox Street, London W1S 2PA

(“The Premises”)

19/09327/LIPV

 

1.

Sale by Retail of Alcohol – On Sales

 

Current:

 

Monday to Saturday: 10:00 to 00:00

Sunday 12:00 to 23:00

 

Proposed:

 

Sunday: 11:00 to 23:00

 

 

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 SMD Concepts Limited (“The Applicant”) for a new premises licence in respect of Bombay Bustle, Ground Floor, 29 Maddox Street, London W1S 2PA.

 

The Presenting Officer introduced the application.  He advised that the Premises wished to change the layout of the Premises, vary conditions 16 and 17 on the premises licence and vary the opening time and sales of alcohol on Sundays from 11.00 hrs. He further advised that the Licensing Authority had maintained their representation on policy grounds.  The Sub-Committee noted that the Premises were located in the West End Ward and the West End Cumulative Impact Area.

 

Philip Somarakis, representing the Applicant, advised that the Sub-Committee had before it an application for a variation of a premises licence.  The Sub-Committee heard that the Applicant sought to change: the layout of the Premises to allow customers to enter/exit on both ground and basement levels, to vary conditions 16 and 17 to permit customers to consume alcohol in a designated bar area in the basement with a capacity of 10 people, to vary the opening hours and commence sales of alcohol from 11am on Sundays as the Premises had started offering brunch to customers.  The Sub-Committee noted that the Premises were a fine dining restaurant who wished to open earlier on a Sunday to offer brunch to its customers with an offer of a glass of champagne or wine. 

 

Mr Somarakis outlined how the Premises would be operated and the Sub-Committee noted that all customers were greeted and directed to the appropriate table/seated holding bar area on arrival at the Premises.  Once at the bar customers would be required to confirm that they had a table reservation/or make a table reservation.  Mr Somarakis emphasised that he did not consider that the extra morning opening hour would add to the West End Cumulative Impact Area as the majority of overcrowding and public nuisance occurred during the late evening.

 

Karyn Abbott, representing the Licensing Authority, had maintained their representation on policy grounds as the application was outside of Westminster’s Core Hours Policy and because the Applicant needed to demonstrate that they would not add to cumulative impact in the area.  The Sub-Committee heard that the Licensing Authority had visited the Premises, had been greeted on arrival and had been escorted to the holding bar to confirm their table reservation.  The Sub-Committee noted that the consumption of alcohol in the bar was ancillary to a table meal at the Premises. 

 

The Sub-Committee noted that the Licensing Authority were satisfied with the Applicant’s proposal to have a holding bar in the basement purely for patrons waiting to be seated in the restaurant and had only maintained their representation on policy grounds due to the variation being outside of core hours. 

 

The Sub-Committee welcomed the approach by the Applicant and considered that the application to open and commence the sale of alcohol at 11.00 hrs  on a Sunday would not add to the cumulative impact or cause public nuisance in the West End area and that exceptional reasons had been given by the Applicant and accepted by the Sub-Committee. 

 

After taking into consideration all the evidence and undertakings by the Applicant, the Sub-Committee was of the opinion that the conditions it had imposed on the licence as agreed by the parties were appropriate and proportionate  would have the overall effect of promoting  the licensing objectives .  The Sub-Committee therefore granted the application accordingly.

 

2.

Hours Premises are Open to the Public

 

Current:

 

Monday to Saturday: 10:00 to 00:00

Sunday 12:00 to 23:00

 

Proposed:

 

Sunday: 11:00 to 23:00

 

 

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

3.

The layout changes sought by way of this application is to create entrance and exits points on both the ground and basement levels.

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

4.

Conditions being varied:

 

Condition

Proposed variation

16.       The premises shall only operate as a fine dining restaurant

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

(ii)        where, save for the ground floor bar area, the supply of alcohol is by waiter or waitress service only,

(iii)       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,

(iv)       which do not provide any take away service of food or drink for immediate consumption,

(v)        which do not provide any take away service of food or drink after

23.00, and

(vi)       where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

Notwithstanding this condition, customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

16.       The premises shall only operate as a fine dining restaurant

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

(ii)        where, save for the ground floor bar area, the supply of alcohol is by waiter or waitress service only,

(iii)       where, save for the ground floor and basement bar areas, the supply of alcohol is by waiter or waitress service only.

(iv)       which do not provide any take away service of food or drink for immediate consumption,

(v)        which do not provide any take away service of food or drink after

23.00, and

(vi)       where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

Notwithstanding this condition, customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

17.       Notwithstanding condition 16, alcohol may be supplied and consumed prior to their meal in the bar area (designated on the plan), by up to a maximum at any one time, of 10 persons dining at the premises.

 

 

17.   Notwithstanding condition 16,

alcohol may be supplied and consumed

prior to their meal in the designated ground floor and basement bar areas as shown on the plan, by up to a maximum at any one time, of 10 persons in each bar area, dining at the premises.

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee granted the application (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;

 

(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 imposed by the Licensing Authority after a hearing:-

 

9.         The number of persons accommodated at the premises (excluding staff) shall not exceed:

Ground Floor - 70 persons

Basement - 50 persons

 

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 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.

 

12.       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.

 

13.       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.

 

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

 

15.       No rubbish including bottles will be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours.

 

16.       The premises shall only operate as a fine dining restaurant

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

(ii)        where, save for the ground floor bar area, the supply of alcohol is by waiter or waitress service only,

(iii)       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,

(iv)       which do not provide any take away service of food or drink for immediate consumption,

(v)        which do not provide any take away service of food or drink after

23.00, and

(vi)       where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 


Notwithstanding this condition, customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

17.       Notwithstanding condition 16, alcohol may be supplied and consumed prior to their meal in the bar area (designated on the plan), by up to a maximum at any one time, of 10 persons dining at the premises.

 

18.       A Challenge 21 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.       The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

 

Supporting documents: