Agenda item

Mimi's Bars Limited, 19 Newman Street, W1

App

No

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

4.

West End /

not applicable

Mimi's Bars Limited, 19 Newman Street, W1

Variation

14/09916/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 22nd January 2015

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Nick Evans and Councillor Peter Freeman

 

Legal Adviser:             Kirsten Chohan

Policy Adviser:            Chris Wroe

Committee Officer:     Joe McBride

 

Relevant Representations:

Representations have been received from one business one building

manager and five residents,  in support of the application.

 

An adverse representation has been made against the application by the Environmental Health Service, two local Councillors, one amenity association, one local business and 17 local residents

 

Present:  Mr Gareth Hughes (Solicitor, representing the Applicant), Amin and Aly Thobani (Applicants), Mr. Anil Drayan (Environmental Health) Linus Rees (Fitzrovia Residents’ Association), Rania Benjani (Resident) Alison Matthews (Resident) with Richard Brown, Joanna King (Resident) with Matthew Butt

 

Mimi’s Bars Limited, 19 Newman Street, London, W1T 1PF

1.

Regulated Entertainment: Indoors

 

 

Performance of Live Music

Thursday to Saturday 23:00 to 01:00

 

Playing of Recorded Music

Sunday to Wednesday 07:00 to 00:00

Thursday to Saturday 07:00 to 03:00

 

 

Amendments to application advised at hearing:

 

Performance of Live Music

Playing of Recorded Music

No change

 

Exhibition of films

Performances of dance

Sunday to Wednesday 07:00 to 00:00

Thursday to Saturday 07:00 to 03:00

 

 

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

 

Granted, subject to conditions as set out below (see Section 5 for decision).

2.

Late Night Refreshment: Indoors

 

 

Sunday to Wednesday 23:00 to 00:00

Thursday to Saturday 23:00 to 03:00

 

Amendments to application advised at hearing:

 

 

 

 

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

 

Granted, subject to conditions as set out below (see Section 5 for decision).

3.

Sale of Alcohol: On and Off the premises

 

 

Sunday to Wednesday 07:00 to 23:30

Thursday to Saturday 07:00 to 02:30

 

Amendments to application advised at hearing:

 


None

 

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

 

Granted, subject to conditions as set out below (see Section 5 for decision).

 

4.


Capacity

 

 

The maximum number of persons accommodated at the premises (excluding staff) is to be specified by WCC on completion of the works, but shall not exceed 150 persons

 

 

Amendments to application advised at hearing:

 

The maximum number of persons accommodated at the premises (excluding staff) shall not exceed 215.

 

 


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

Granted, subject to conditions as set out below (see Section 5 for decision).

5

Opening Hours

 

 

Sunday to Wednesday 07:00 to 00:00

Thursday to Saturday 07:00 to 03:00

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Mr. Hughes explained that the current application was to vary a premises licence that had been granted by a previous Sub-Committee in July 2014.  The Applicants are the leaseholders of the building, have been in the premises for seven years and had previously run the Post Office in the building for ten years before it was forced to close.  Both Applicants are resident in Westminster.

 

Mr. Hughes explained to the Sub-Committee that permission had previously been granted to run the premises as a private members’ club and the current application does not seek to alter the nature of the establishment but instead to modify some of the conditions and add regulated entertainment.

 

The Applicants are seeking the addition of the performance of dance to the licence under the current application.  Mr. Hughes suggested that this may benefit certain types of events that would regularly be held within the club.  The performance of films is also applied for within the current application so that the club can show films in the background but not in the form of a cinema style operation.

 

Mr. Hughes stated that a change of the building plans is also applied for under the current application as a result of issues that have come to light in the Applicants’ discussions with potential service providers.  The Applicants feel that a reconfiguration of the basement is required to accommodate the equipment and machinery needed to provide for food and drinks to members.  The staircase will also need to be moved as a result of these works.

 

Condition 19 on the previous licence restricted capacity of the club to 150 persons and Mr. Hughes explained that the Applicants were originally seeking to increase this to 280 persons.  In attempting to allay the fears of residents and  mitigate potential for public nuisance, the Applicants have offered to reduce the capacity to 215 persons.

 

Mr. Hughes also addressed the specific concerns of residents listed in the papers and felt that the variations applied for in the application would have no adverse impact; on public nuisance, anti-social behavior, litter or noise in the surrounding area.  Mr. Hughes also noted that the Applicants had provided for a designated external smoking area in the basement of the club so that there will be no smokers on the street.  The number of smokers in this area will also be restricted to five persons.

 

Mr. Drayan from the Environmental Health Service felt that an increase in capacity from 150 to 280, as originally proposed, would result in a substantial risk to public nuisance.  He did note, however, the mitigations proposed by the Applicants including a reduction in capacity to 215, extra SIA security outside, the introduction of a queuing area on the ground floor and an area for people waiting for taxis as factors for consideration for the Sub-Committee in making their decisions.  Environmental Health have no concerns regarding the safety of the venue should the committee grant the application with a capacity of 215 persons.

 

Members of the Sub-Committee heard representations from residents who objected to the proposed application for a number of reasons. The main objection centered around the increased levels of noise that residents contended would be an unavoidable consequence of any increase in capacity.  Ms Benjani and Ms Matthews highlighted the fact that the noise report referenced in the application was taken from July 2012 when Crossrail construction was underway and felt that it was unrepresentative of the normal levels of noise in the area.

 

Mr. Brown asked the Sub-Committee to take a common sense approach to the application and said that such a significant increase in capacity will result in increased public nuisance in what is a residential area.  Mr. Brown referred to the Council’s public nuisance policy and stressed that it particularly applies in areas of residential accommodation that is situated in such close proximity to premises similar to the current application.  Mr. Brown asked the Sub-Committee to impose tougher standards in this case as a result.

 

In responding to the objections put forward by residents, Mr. Hughes invited Mr. Vivian to discuss the noise reports submitted by the Applicants.  Mr. Vivian stated that all his calculations are based on the fact that the noises with character (police sirens, people shouting etc.), once extrapolated to the residential properties, are lower than the ambient noise levels in the area. The data suggests that if a group of people were talking loudly when leaving the venue it would not exceed the background noise levels. Mr Vivian stated that there was no Crossrail activity at night during the period that the data was collected in 2012 and having checked other surveys in 2014, the data was still representative of the area.

 

In granting the variation, the Sub-Committee were mindful of the fact that the private members’ club was not yet operational and as such it is impossible to determine the impact that an increase in capacity would have on residents. Members, however, noted that the application was outside the Stress Area and felt that the conditions attached to the licence, in conjunction with the mitigations offered by the Applicants including the reduced capacity of 215 persons, would promote the licensing objectives. The Sub-Committee empathised with the concerns of residents and reminded them of their option to apply to review the licence should there be an increase public nuisance when the premises opens.

 

 

 

 

 

 

 

 

 

Conditions attached to the Licence

 

 

Mandatory:

 

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 shall take all reasonable steps to 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; and

 

(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.

 

9(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.

 

9(ii)                  For the purposes of the condition set out in paragraph 9(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.

 

9(iii).    Where the permitted price given by Paragraph 9(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.

 

9(iv).    (1)        Sub-paragraph 9(iv)(2) below applies where the permitted price given by Paragraph 9(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.

 

10.       All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

 

11.  Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.

 

12.  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, Premises Management 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.

13.  No noise should emanate from the premises nor vibration be transmitted through the structure of the premises which given rise to a nuisance.

14.  A direct number for the manager at the premises should be publically available at all times the premises is open.  This telephone number is to be made available to residents and business in the vicinity. 

15.  All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

16.  There should be rules of the club for the election of members and copy of such rules any other rules should be kept at the premises and made available for inspection by Council or Police Officers. A copy of such rules, and any updated version of such rules, shall also be sent to the Council’s licensing service.

17.  A list of the names and address of members of the club should be kept on the premises together with a book showing the names of any guest introduced by members and should be produced on demand for inspection by an officer of the Council or Police.

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.  No unaccompanied customer under 18 years of age shall be permitted on the premises.

20.  The licence will have no effect until the capacity of the premises has been assessed by the Environmental Health Consultation Team and a condition detailing the agreed capacity has replaced this condition on the Licence not to exceed 215 persons (excluding staff)

 

21.  No intoxicating liquor should be sold or supplied on the premises other than to:

a.    Members of the club and bona fide guests of such members or accompanied by a member.  No member to be permitted more than 3 guests at a time. Guests must be accompanied by a member at all times.

 

b.    Persons attending a private or pre-booked function organised by a member of the club and booked at least 24 hours in advance, a register of such events and persons attending to be kept for a period of 1 year and made available for inspection by the responsible authorities on request. Such functions shall be limited to no more than 12 per year.

 

c.    Persons admitted to the premises between 12:00 to 3pm for purposes of taking a table meal must pre-book.

 

d.    Bonafide guests of the management limited to a maximum number of 15 persons.  A list of such guests to be kept at reception for inspection by officers of the Council or the police.

 

e.    No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission. 

 

22.  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.

 

23.   A staff member from the premises who is conversant with the operation of the CCTV system should be on the premises at all times when the premises is open under the terms of this licence.  This staff member must be able to show police or authorised council officer recent data or footage with the absolute minimum delay when requested.

 

24.  There should be personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

25.  After 22.00 hours when there are more than 100 persons on the premises (excluding staff) a minimum of two SIA registered door supervisors should be employed and when there are more than 200 people on the premises a minimum of three SIA registered door supervisors shall be employed.

 

26.  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.

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

 

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

 

29.  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.

 

30.  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.

 

31.  No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.

 

32.  Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises.  The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

·         dry ice and cryogenic fog

·         smoke machines and fog generators

·         pyrotechnics including fireworks

·         firearms

·         lasers

·         explosives and highly flammable substances.

·         real flame.

·         strobe lighting.

 

33.  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.

 

34.  No deliveries to the premises shall take place between (23.00) and (08.00) on the following day.

 

35.  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.

 

36.  All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

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

 

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

 

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

 

40.  All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric.  Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.

 

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

 

42.  Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be restricted to the designated smoking area (marked on plan...) and limited to 5 persons at any one time.

 

43.  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.

 

44.  The supply of alcohol at the premises between the hours of 07:00 to 10:00 hours shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

45.  The Licence will have no effect until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition will be removed from the Licence.

 

46.  Persons seeking entry into the premises shall not be permitted to queue outside the premises.

 

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

 

48.  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.

 

49.  There shall be no cinema style showing of films.

 

Supporting documents: