Agenda item
The Marylebone Kitchen, 106 York Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
Bryanston and Dorset Square Ward / not in Cumulative impact area |
The Marylebone Kitchen, 106 York Street, W1 |
New premises licence |
17/02615/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday 18th May 2017
Membership: Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and Councillor Rita Begum
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Yolanda Wade
Relevant Representations: Environmental Health and two local residents.
Present: Mr Louay Michel (Applicant), Mr Ian Watson (Environmental Health) and Mr Peter Sleep and Mrs Sonia Sleep (local residents).
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The Marylebone Kitchen, 106 York Street, London, W1H 4QN 17/02615/LIPN |
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1. |
Sale by Retail of Alcohol – On and Off
Monday to Saturday: 11:00 to 23:00 Sunday: 11:00 to 22:00
Seasonal Variations/Non-Standard Timings:
None applied for.
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
Councillor Julia Alexander declared that the application was located within the Ward she represented, Bryanston and Dorset Square Ward, and she therefore withdrew from the meeting for this application.
The Sub-Committee considered an application by the Marylebone Kitchen Ltd for a new premises licence in respect of The Marylebone Kitchen, 106 York Street, London, W1H 4QN.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Mr Michel, the applicant, explained that he was the owner of the Marylebone Kitchen having purchased the leasehold of the premises which had previously operated as a café. The new operation was focused on providing quality food primarily at brunch or lunch. The food was described as fresh and home cooked and the premises was also a destination where people could go to buy coffee. The premises was currently permitted to operate between the hours of 07:00 and 16:00 which made it difficult to make the business financially viable. It was therefore proposed to extend the hours so the premises could open later in the evening in order to provide a dinner option as well as open on weekends. The majority of local residents were accepting of the application and there was a demand for the premises to open on weekends. Being able to serve alcohol would provide an extra option for customers dining at the premises and the Sub-Committee was informed that the premises would not become a bar and would be focussed on providing a food offer. The premises did not attract noisy customers and following constructive discussions with the Police and Environmental Health (EH) proposed conditions to be added to the licence had been agreed. This included a condition requiring the consumption of alcohol to be ancillary to customers taking a substantial table meal. It was also proposed to utilise the external area of the premises to allow customers to dine outside with any consumption of alcohol being ancillary to the taking of a substantial table meal.
The Sub-Committee recognised that the restaurant condition had been accepted and noted the capacity of the premises was 18 inside and 8-10 outside. Further clarification was requested however on whether it was proposed to utilise the external area to serve food and alcohol until 23:00 hours? Mr Michel advised that the external area would not be utilised every evening. The proposal to extend the hours would allow the provision of ‘Supper Nights’ where private parties could book the venue and Mr Michel would cook for them exclusively. Allowing the use of the external area would provide more flexibility, especially in the summer, and would allow him to establish the business further as it had only been open for six weeks. Mr Michel accepted that the use of the external area had been a cause for concern but he was happy for this to be restricted to an earlier hour of 21:00 or 22:00 hours. Due to the small scale nature of the premises it would not be possible to bring inside any tables and chairs located outside but the Sub-Committee was advised that all the proposed conditions agreed would be strictly adhered to. Mr Michel stated that he wanted the premises to be a good neighbour to the local residents and for it to hopefully become an important feature of the community.
Mr Watson, representing EH, advised the Sub-Committee that the premises did constitute a relatively small operation. It was confirmed that the inside of the premises comprised of a collection of tables and chairs including high chairs. Currently there were no tables or chairs located in the external area, the previous operation did have permission for this and Mr Michel would have to apply for permission to allow it once again. The nature of the street was one of mixed residential and business use with a pub also located nearby. A capacity condition had not been proposed because of the small size of the premises. The use of the external area had the potential to cause concern especially if it was allowed to operate until 23:00 hours. Mr Watson had inspected all the proposed conditions and was satisfied that they would ensure the premises would be food-led. With regards to waste collections and deliveries these occurred twice a day, one in the morning and one later in the evening. Any waste would have to be stored in the premises overnight and then presented outside in the mornings. Due to the small size of the premises it was not possible to have a dedicated refuse area. With regards to any tables and chairs located in the external area it was also confirmed that there was not enough storage space from them to be brought inside the premises. They would therefore have to be rendered unusable. The application had originally requested recorded music but any music played would be incidental and it had subsequently been removed from the application. The applicant was aware of the sensitive nature of the locality and how the use of the external area could impact on local residents. Mr Michel was therefore mindful that the premises had to be a good neighbour.
Mr and Mrs Sleep, local residents, explained that they lived opposite the premises. Mr Sleep confirmed that the significant refurbishment undertaken had visually improved the premises and its presence in the local area was welcomed. Their representation was maintained though as it was felt the application was vague. Concerns over recorded music had been addressed however further concerns over the use of the external area remained. It was suggested that the permitted hours for this area be reduced from 23:00 to make it more consistent with other licenced premises in the area. The street it was located on was very narrow where any noise generated had an echo effect. This disturbance would be increased later in the evening when ambient noise levels were lower. It was suggested people leaving premises later in the evening often caused more noise and it was suggested therefore that the hours requested for the external area be restricted accordingly. In their written representation it was noted that they wanted it restricted from 19.00 hours. It was also hoped to restrict the nature of the premises so if the owner did change in future it could not become an alcohol-led premises.
Mr Michel understood the concerns raised. With regards to the waste it was confirmed that this would be stored inside the premises overnight and presented accordingly in the mornings. To provide reassurances over the external area all the chairs used within it would be foldable and the tables would be made unusable to ensure people realised that the area was closed. Mr Michel advised that he had invested significantly in starting the business and he wanted to operate from the premises for the foreseeable future. The food offer could potentially change depending on demand from customers but the premises would remain a restaurant and not become a bar.
The Sub-Committee carefully considered the application and was encouraged that constructive discussions between the applicant, EH and local residents had been taking place. Mr Michel’s assertions that he wanted to be a good neighbour and help enhance the local area were welcomed. The Sub-Committee wanted to help new businesses develop and as such granted the application but through restricting the hours and imposing several conditions on the licence this would help ensure it was appropriate for the local area. It was felt restricting the use of the external area to 21:00 hours was an appropriate compromise for the locality in which it would operate. This would ensure the business could operate extended hours but would also provide reassurance to residents that it would not become a source of noise disturbance, especially later in the evening. A refuse collection condition would also be added to the licence to ensure any refuse was collected and presented so as to not to cause any nuisance to residents. A further condition on deliveries would also be imposed to ensure no deliveries took place late at night creating a noise disturbance to residents. The Sub-Committee recognised that the hours proposed on a Sunday were slightly beyond the core hours policy as it would allow the sale of alcohol from 11:00 hours. As the premises would have a restaurant condition imposed on the licence though this would ensure it did not become an alcohol-led premises. The Sub-Committee therefore felt reassured that the granting of the hours on Sundays would uphold the licensing objectives. A restriction on smokers outside the premises had been considered however due to the small scale nature of the operation, with a capacity of just 18 people inside the premises, it was felt this was unnecessary. Therefore the Sub-Committee was of the opinion that as the premises was not located in a Cumulative Impact Area, the nature of the operation and the restrictive conditions imposed on the licence would all ensure that the application upheld and promoted the licensing objectives.
The following conditions were removed, amended or added to update the licence and ensure there was no duplication:
· Condition 25 (now condition 18) be amended to read “No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 07.30 hours on the following day.”
· Condition 32 (now condition 27) be amended to read “The premises shall only operate as a restaurant in which customers are seated either internally or externally on the private forecourt. Food will be provided in the form of substantial table meals that are prepared on the premises and are served at a counter but consumed at a table using recyclable, non-disposable or biodegradable crockery and cutlery. The premises will not provide any take away service of food or drink after 23.00, and where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises (including the private forecourt) 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.”
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2. |
Hours Premises are Open to the Public
Monday to Saturday: 07:00 to 23:00 Sunday: 10:00 to 22:00
Seasonal Variations/Non-Standard Timings:
None applied for.
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Amendments to application advised at hearing:
None.
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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.
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Conditions attached to the Licence |
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Mandatory Conditions
(2) In this paragraph, an irresponsible promotion means nay 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 in 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. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
10.No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situate.
11.The supply of alcohol shall be by waiter or waitress service only.
12.Alcohol consumed in external areas of the premises shall only be consumed by patrons seated at tables and the consumption of alcohol in those areas shall cease by 21.00.
13.All outside tables and chairs shall be rendered unusable by 21:00 each day.
14.All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
15.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.
16.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
17.All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
18.No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00hours and 07.30hours on the following day.
19.No deliveries to the premises shall take place between 23:00 hours on Monday to Saturday and 07:30 hours on the following day and 22:00 hours on Sunday and 07:30 hours on the following day.
20.No collections of waste of recycling materials (including bottles) from the premises shall take place between 23:00 hours on Monday to Saturday and 07:30 hours on the following day and 22:00 hours on Sunday and 07:30 hours on the following day.
21.There shall be no draught sales of beers or lagers.
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 entire 31 day period.
23.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.
24.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.
25.A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises are open.
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. 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
27.The premises shall only operate as a restaurant in which customers are seated either internally or externally on the private forecourt. Food will be provided in the form of substantial table meals that are prepared on the premises and are served at a counter but consumed at a table using recyclable, non-disposable or biodegradable crockery and cutlery. The premises will not provide any take away service of food or drink after 23.00, and alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises (including the private forecourt) 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.
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Supporting documents:
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