Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
3.	Churchill Ward/ Not in Cumulative Impact Area	Melissa's Kitchen 27 Elizabeth Street London SW1W 9RP	Premises Licence Variation	20/03556/LIPV

 

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 25^th June 2020

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Louise Hyams and Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Kisi Smith-Charlemagne

                                Presenting Officer:  Jessica Donovan

 

 

Application for Variation of a Premises Licence [20/03556/LIPV]

 

Full Decision

 

Premises

 

27 Elizabeth Street

London

SW1W 9RP

 

 

Applicant

 

Melissa’s Kitchen Limited

 

Represented by Thomas O’Maoileoin- Thomas & Thomas

 

 

Cumulative Impact Area

 

None

 

 

Ward

 

Churchill

 

 

Summary of Application

 

The Premises currently operates as a café. The Applicant originally applied to vary the terminal hour for the Sale by Retail of Alcohol for consumption on the Premises from Monday to Thursday 23:30 hours, Friday to Saturday 00:00 Hours and Sunday 22:30 to 02:00 Monday to Sunday subject to alcohol remaining ancillary to a table meal. In relation to Late Night Refreshment from Monday to Thursday 23:30, Friday to Saturday 00:00 to 02:00 Monday to Sunday.

 

However, the Applicant amended his application prior to the hearing so that the Sale and Retail of Alcohol on the Premises (ancillary to a table meal) was now from 10:00 to 00:00 Monday to Saturday and Sunday 12:00 hours to 00:00 hours and from 23:00 hours to 01:00 hours for Late Night Refreshment Monday to Sunday. During the hearing the Applicant also amended the opening hours, the Premises was open to the public to a closing of 01:00 hours as this was originally 02:00 hours. The Premises are not located in any area of Cumulative Impact.

 

Current and proposed licensable activities and hours

(Basement and Ground floor)

 

 

Late Night Refreshment [Indoors]

 

Proposed Variation

 

Monday to Sunday             : 23.00 to 01.00 on the following day      

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.                                  

 

Compared to existing licence 17/10522/LIPN

 

Monday to Thursday          : 23.00 to 23.30

Friday to Saturday             : 23.00 to 00.00

Sunday                               : N/A

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On Sundays immediately prior to Bank Holidays to 00:00.

 

 

Retail Sale of Alcohol [On sales]

 

Proposed Variation

 

Monday to Saturday           : 10.00 to 00.00

Sunday                               : 12.00 to 00.00

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

Compared to existing licence 17/10522/LIPN

 

Monday to Thursday          : 10.00 to 23.30

Friday to Saturday             : 10.00 to 00.00

Sunday                               : 12.00 to 22.30

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On Sundays immediately prior to Bank Holidays to 00:00.

 

Retail Sale of Alcohol [Off sales]

 

Proposed Variation

 

No change to hours

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

Compared to existing licence 17/10522/LIPN

 

Monday to Saturday           : 10.00 to 23.00

Sunday                               : 12.00 to 22.30

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On Sundays immediately prior to Bank Holidays to 00:00.

 

Hours premises are open to the public

 

Proposed Variation

 

Monday to Sunday             : 10.00 to 01.00 on the following day      

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  

Compared to existing licence 17/10522/LIPN

 

Monday to Thursday          : 10.00 to 23.30

Friday to Saturday             : 10.00 to 00.00

Sunday                               : 12.00 to 22.30

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On Sundays immediately prior to Bank Holidays to 00:00.

 

 

Conditions being Varied

 

None

 

 

Representations Received

 

·       Local resident objector - Mr Nigel Thomas

·        Environmental Health Service (“EHS”) - Ms Sally Fabbricatore

·        Metropolitan Police Service (“MPS”) dated 7 May 2020 had subsequently been withdrawn, following further conditions being agreed and the Application amended.

 

 

Brief summary of issues raised by objectors

 

·       The EHS stated that the application proposals were likely to increase the risk of Public Nuisance and that the initial representation was made based on the Operating Schedule, as no further layout/plans had been submitted.

·       The resident objector stated that, if granted, the application would undermine the Public Nuisance licensing objective.  Residents living nearby could be adversely affected by the variation, this included the later hours for operation, the supply of alcohol and noise nuisance.

 

Policy Position

 

Policies HRS1 and RNT1 under the Council’s Statement of Licensing Policy apply. There is no policy to refuse this application as the Premises are not situated in any area of Cumulative Impact Area. The application must, therefore, be determined on merit.

 

DECISION

 

The Presenting Officer Ms Jessica Donovan outlined the nature of the application to the Sub-Committee. Ms Donovan advised that this was an application for a variation of the Premises Licence in respect of Melissa’s Kitchen currently operating as a Café. The Applicant had amended the hours for the application following consultation with the MPS.

 

The application sought to vary the terminal hour for the Sale by Retail of Alcohol for consumption on the Premises from Monday to Thursday 23:30 hours, Friday to Saturday 00:00 Hours and Sunday 22:30 to 02:00 Monday to Sunday subject to alcohol remaining ancillary to a table meal.  To vary the terminal hour for Late Night Refreshment from Monday to Thursday 23:30, Friday to Saturday 00:00 to 02:00 Monday to Sunday. However, with the agreement of the MPS the application, was amended in order to reduce the terminal hour applied for from 02:00 to 00:00 Monday to Sunday for the Sale by Retail of Alcohol on the Premises and from 02:00 to 01:00 for Late Night Refreshment Monday to Sunday.

 

Representations were received from the EHS, the MPS and one local resident. However, the MPS withdrew their objection on the basis of agreeing conditions with the Applicant.

 

Mr Thomas O’Maoileoin,  Solicitor representing the Applicant advised the Sub-Committee that the Applicant originally applied to vary the terminal hour for the Sale by Retail of Alcohol for consumption on the Premises from Monday to Thursday 23:30 hours, Friday to Saturday 00:00 Hours and Sunday 22:30 to 02:00 Monday to Sunday subject to alcohol remaining ancillary to a table meal. He advised that in relation to Late Night Refreshment the Applicant had originally sought hours from Monday to Thursday 23:30, Friday to Saturday 00:00 to 02:00 Monday to Sunday.

 

Mr O’Maoileoin advised that after discussions with the MPS and EHS the Applicant amended his application prior to the hearing so that the Sale and Retail of Alcohol on the Premises (ancillary to a table meal) was now from 10:00 to 00:00 Monday to Saturday and Sunday 12:00 hours to 00:00 hours and from 23:00 hours to 01:00 hours for Late Night Refreshment Monday to Sunday. During the hearing the Applicant also amended the opening hours to the public, closing at 01:00 hours instead of 02:00 hours.

 

Mr O’Maoileoin confirmed that a window and doors conditions had been agreed with EH and that the Premises had a small capacity of 40 people.  He also confirmed that alcohol would only be served to seated guest by waiter or waitress service and that the Premises was not the subject of complaint.  The Sub-Committee queried the Applicant’s business model and the food offer available.  The Sub-Committee also sought clarification with regards to the hatched area on the plan and where customers would be seated.

 

Ms Sally Fabbricatore advised that the EHS had maintained its representation in order to assist the Sub-Committee in making its decision.  She confirmed that she was now content with the application and the extent of the Café’s operation into the evening and extended hours. Ms Fabbricatore confirmed that the Premises had not received any complaints or had an adverse history.  She confirmed that conditions had been agreed with the Applicant and any additional conditions that the Sub-Committee might consider imposing would assist with managing any potential nuisance.

 

The Sub-Committee in its determination of the matter considered the representations both from EH, the MPS and the resident objector. The Sub-Committee noted that the resident objector did not attend the hearing. The Sub-Committee welcomed the fact that the Applicant had reduced the terminal hours for the licensable activities applied for as this would go to some way in preventing public nuisance into the later hours.

 

The Sub-Committee noted that the Premises would operate first and foremost as a Cafe and that the sale of alcohol would be ancillary to a person taking a meal and therefore food led and that conditions had been offered by the Applicant in this respect, which would hopefully alley any fears residents might have, particularly a contact number so that residents can approach the management of the Premises on any given issue if they so wish. 

 

The Sub-Committee took comfort from the fact that the MPS had withdrawn their objection and that there were appropriate conditions on the Premises Licence that would go to the heart of promoting the crime and disorder licensing objective.  The Sub-Committee noted the various undertakings given by the Applicant during the course of the hearing and was persuaded that the Premises would be managed in a professional and efficient manner that would help the promote the licensing objectives.

 

The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.  Having carefully, considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee decided,after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives to grant the application subject to the following:-.

 

 

1.        To grant permission for the supply of alcohol on the premises (ancillary to a table meal) Monday to Saturday 10:00 hours to 00:00 hours and Sunday 12:00 hours to 00:00 hours.

2.        To grant permission for Late Night Refreshment Monday to Sunday from 23:00 hours to 01:00 hours

3.        To grant permission for the hours the premises will be open to the public Monday to Sunday from 10:00 hours to 01:00 hours.

4.        To grant permission to vary the seasonal variation hours for all licensable activities permitted under the Licence so that the same now reads “From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day”.

5.         To grant permission to allow for licensable activities to take place after 00:00 hours at the rear of the Premises as hatched on the revised Premises Plan.

6.        Confirmed that all windows and doors at the Premises shall remain closed for the hours and period as specified in the condition below.

7.        That the varied Licence is subject to any relevant mandatory conditions.

8.        That the existing conditions on the Licence shall apply in all respects except inso far as they are varied by this Decision.

 

9.        That the varied Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing:-

 

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

 

14. 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.

 

15. 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.

 

16. The number of persons permitted in the premises at any one time (including staff) shall not exceed 40 persons.

 

17. No deliveries to the premises shall take place between 23:00 and 08:00 on the following day.

 

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

 

19. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:00 hours on the following day.

 

20. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 and 08:00 on the following day.

 

21. 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

 

22. 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.

 

23. The sale of alcohol on the premises shall at all times be ancillary to the main use of the premises as a café.

 

24. 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.

 

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

 

26. No draught beer shall be sold or supplied at the premises.

 

27. There shall be no self-service of alcohol for consumption on the premises.

 

28. After 23:00 hours 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.

 

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

 

30. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 4 persons at any one time.

 

31. Off sales shall cease at 23:00 Monday to Saturday and 22:30 on Sunday

 

32. All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of persons;

 

33. 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.

 

34. Notices shall be prominently displayed in all areas of the premises at all times indicating to customers that there shall be no sales of alcohol on the premises or for consumption after 23:00 hours Monday to Sunday.

 

35. All licensable activities after 00:00 hours shall be permitted to take place at the rear area of the Premises as indicated hatched on the Premises Plan.

Informative

36.The Applicant is strongly encouraged to display on his food and drinks menus for the Premises that the sale and consumption of alcohol is to be restricted Monday to Sunday until 23:00 hours to ensure the promotion of the licensing objectives.

If problems are experienced, then an application for a Review of the Premises Licence can be made.

 

The Licensing Sub-Committee

25 June 2020