Skip to main content

Agenda item

Mnky Hse, 8-10 Dover Street, London, W1S 4LF

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

4.

West End Ward/ Not in Cumulative Impact Area

MnkyHse

8-10 Dover Street

London

W1S 4LF

Premises

Licence

Variation

19/13304/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27th February 2020

 

Membership:           Councillor Karen Scarborough (Chairman), Councillor Margot Bright and Councillor Rita Begum

 

Legal Adviser:         Barry Panto

Policy Adviser:         Kerry Simpkin

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

                               

 

Relevant Representations:    Tamares Real Estate Investments (UK) Ltd

 

Present: Ms Lana Tricker (Solicitor, representing the Applicant) and Mr Lewis Goodsell (Manager, representing the applicant company)

 

Mnky Hse, 8-10 Dover Street, London, W1S 4LF (“The Premises”)

19/13304/LIPV

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Current:

 

Monday to Saturday: 10:00 to 03:00

Sunday: 10:00 to 00:00

 

Licensable Area:

 

Basement and Ground Floor

 

 

Proposed:

 

Monday to Sunday: 10:00 to 03:00

 

 

 

 

No Change

 

 

Seasonal variations/ Non-standard timings:

 

New Year’s Eve - from the end of trade to the start of trade on New Year’s Day On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises end after 01:00.

No Change

 

 

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 8-10 Dover Street Limited

for a variation of a premises licence in respect of Mnky Hse, 8-10 Dover Street, London, W1S 4LF.

 

The Licensing Officer introduced the application.

 

Ms Tricker, representing the applicant, explained that the Premises operated as a Latin American restaurant. The application was seeking to extend the terminal hour for all licensable activities and opening hours on Sundays only, to bring them in line with the existing permitted hours Monday to Saturday. The Sub-Committee was advised that pre-application advice had been sought from Environmental Health (EH) who had raised no concerns over the proposals and no objections had also been received from either the Police or local residents. The sole representation received had been submitted from the managing agent of 41 Dover Street. Ms Tricker informed the Sub-Committee that attempts had been made to contact the objector, but these had proven unsuccessful. The Premises was not located within a Cumulative Impact Area (CIA) and therefore there was no presumption to refuse the application. Ms Tricker also advised that there were sufficient conditions attached to the existing licence to ensure the front of the Premises was properly managed therefore addressing any concerns raised over this area.

 

In response to the representation received Ms Tricker noted that the objector was not present before the Sub-Committee to present their representation. In terms of late night refreshment, the extension in hours sought would not create any additional litter as condition 32 prevented takeaway of any hot food or drink from the Premises after 23:00 hours. Concerns also raised over the extension in hours on Sundays for the sale of alcohol would have no impact as off sales after 23:00 had not been applied for and in any case condition 42 prevented any off sales of alcohol after 23:00. An issue over smoking that was raised was not supported as the Premises had an external designated smoking area for customers which was cordoned off from the public highway and supervised by members of staff. The Police had not objected to the application but had requested that a Challenge 25 policy be introduced at the Premises which the applicant was content to initiate. Ms Tricker confirmed that the operation of the Premises would not change, it was simply seeking to extend its hours on Sundays, and there were sufficient conditions on the licence to ensure the Premises would continue to promote the licensing objectives. The clientele was generally of a more mature nature and could be expected not to create any additional impact in the area. There was also no history of complaints regarding the Premises.

 

After careful consideration the Sub-Committee agreed to grant the application. It was noted that the Premises was not located within a CIA and therefore there was no presumption to refuse the application which had to be judged on its merits. No representations had been submitted by the responsible authorities and following pre-application advice Environmental Health had not objected  to the application being granted. Environmental Health had also checked the complaint history for the Premises which confirmed that none had arisen. The Sub-Committee also had regard to the fact that no residential representations had been received. It was acknowledged that the operation of the Premises would not change on Sundays when the extended hours were requested. The applicant had demonstrated that they could operate the Premises to the later hours responsibly and in a manner, which would promote the licensing objectives. The conditions on the licence, particularly relating to the management of the front of the establishment, were considered appropriate and would ensure the venue operated with minimum impact on its local residents or area. The Sub-Committee was satisfied that the extension in hours for Sundays was appropriate and proportionate for the local area with the nature of the operation and the conditions on the licence ensuring that the licensing objectives were promoted. The Sub-Committee therefore granted the application accordingly.

 

2.

Late Night Refreshment - Indoors

 

Current:

 

Monday to Saturday: 10:00 to 03:30

Sunday: 10:00 to 00:30

 

Licensable Area:

 

Basement and Ground Floor

 

 

Proposed:

 

Monday to Sunday: 10:00 to 03:30

 

 

 

 

No Change

 

 

Seasonal variations/ Non-standard timings:

 

New Year’s Eve - from 23:00 on New Year’s Eve to 05:00 on New Year’s Day On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises end after 01:00.

No Change

 

 

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.

Performance of Dance

 

Current:

 

Monday to Saturday: 09:00 to 03:30

Sunday: 09:00 to 00:00

 

Licensable Area:

 

Basement and Ground Floor

Proposed:

 

Monday to Sunday: 09:00 to 03:30

 

 

 

 

No Change

 

Seasonal variations/ Non-standard timings:

 

New Year’s Eve - from the end of trade to the start of trade on New Year’s Day On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises end after 01:00.

No Change

 

 

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.

Performance of Live Music

 

Current:

 

Monday to Saturday: 09:00 to 03:30

Sunday: 09:00 to 00:00

 

Licensable Area:

 

Basement and Ground Floor

Proposed:

 

Monday to Sunday: 09:00 to 03:30

 

 

 

 

No Change

 

Seasonal variations/ Non-standard timings:

 

New Year’s Eve - from the end of trade to the start of trade on New Year’s Day On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises end after 01:00.

No Change

 

 

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).

 

5.

Playing of Recorded Music

 

Current:

 

Monday to Saturday: 09:00 to 03:30

Sunday: 09:00 to 00:00

 

Licensable Area:

 

Basement and Ground Floor

Proposed:

 

Monday to Sunday: 09:00 to 03:30

 

 

 

 

No Change

 

Seasonal variations/ Non-standard timings:

 

New Year’s Eve - from the end of trade to the start of trade on New Year’s Day On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises end after 01:00.

No Change

 

 

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).

 

6.

Hours Premises are Open to the Public

 

Current:

 

Monday to Saturday: 09:00 to 04:00

Sunday: 09:00 to 00:30

 

Licensable Area:

 

Basement and Ground Floor

Proposed:

 

Monday to Sunday: 09:00 to 04:00

 

 

 

 

No Change

 

Seasonal variations/ Non-standard timings:

 

New Year’s Eve - from the end of trade to the start of trade on New Year’s Day On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises end after 01:00.

No Change

 

 

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).

 

7.

Conditions being Varied

 

Current:

 

Condition 12

 

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.

 

Proposed:

 

Condition 12

 

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

 

 

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 attached after a hearing by the licensing authority

 

9.        After 00.00 hours (midnight) the supply of alcohol shall be ancillary to the provision of substantial food and/or music and dancing.

 

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 number of persons permitted on the premises at any one time (excluding staff) shall not exceed:

 

Ground Floor:          100 persons

Basement:               480 persons

 

With no more than 480 persons on the premises at any one time.

 

12.      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.

 

13.      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 preceding 31 day period.

 

14.      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.

 

15.      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.

 

16.      Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

17.      All external windows and entrances shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.

 

18       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.

 

19.      The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

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.

 

21.      All exit doors on designated escape routes shall be available at all material times without the use of a key, code, card or similar means.

 

22.      All self-closing doors shall be effectively maintained and not held open other than by an approved device.

 

23.      The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

24.      Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

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

 

26.      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.

 

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

 

28.      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.

 

29.      No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 08.00 hours.

 

30.      The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

31.      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, which 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 or searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

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

 

32.      There shall be no sales of hot food or hot drink for consumption 'off' the premises after 23.00 hours.

 

33.      No deliveries to the premises shall take place between 23.00 and 07.00 hours.

 

34.      There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises.

 

35.      The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

 

36.      The premises may remain open for the sale of alcohol, regulated entertainment 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.

 

37.      On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

38.      A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

39.      There shall be no admittance or re-admittance to the premises after 02:00, except for those patrons temporarily leaving the premises to smoke, save for a maximum number of 25 guests per night who may be admitted at the manager's discretion provided a legible record of these people's names shall be retained on the premises for inspection by the licensing authority and police for a period of 31 days. The name of the manager authorising the entrance will also be recorded.

 

40       At least 2 SIA licensed door supervisors shall be on duty at the entrance of the premises from 20:00 whilst it is open for business.

 

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

 

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

 

 

Supporting documents: