Agenda item
Maitre Choux, 60 Dean Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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3. |
West End Ward / West End Cumulative Impact area |
Maitre Choux, 60 Dean Street, W1 |
New Premises Licence |
17/11127/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday 30th November 2017
Membership: Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Aziz Toki
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Daisy Gadd
Relevant Representations: The Metropolitan Police and the Licensing Authority.
Present: Thomas O’Maoileoin (Solicitor, representing the applicant),Mr Jeremy Vaislic (Applicant), PC Toby Janes (The Metropolitan Police) and Mr Steven Rowe (The Licensing Authority).
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Maitre Choux, 60 Dean Street, London, W1D 6AW (“The Premises”) 17/11127/LIPN
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1. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Saturday: 10:00 to 23:00 Sunday: 12:00 to 22:30
Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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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 Sub-Committee considered an application by MNJV3 Corporation Limited for a new premises licence in respect of 60 Dean Street, London, W1D 6AW.
The Licensing Officer provided an outline of the application to the Sub-Committee.
Mr O’Maoileoin, representing the Applicant, stressed to the Sub-Committee the very narrow nature of the application before it. The Applicant had attempted to address any policy concerns raised and furthermore futureproof the licence to ensure it could not become a drink-led establishment if the applicant ever left the Premises. It was submitted that the Premises in question was very small with a maximum capacity of fourteen seated customers. Constructive discussions had taken place between the applicant, the Police and Environmental Health (EH) to address any concerns. Agreement on most aspects of the application had been reached aside from the proposed hours for the sale of alcohol. The Responsible Authorities had requested a terminal hour of 20:00 hours however the Applicant was requesting 23:00 in order to attract shoppers or theatre goers for example.Mr O’Maoileoin explained that the type of alcohol sold at the Premises was limited to sparkling wine alongside a food offer consisting of eclairs, choux and chouquettes. The Sub-Committee was advised that customers did not spend a long time at the Premises and the application was just seeking to allow a customer to consume a glass of sparkling wine with their éclair. It was stated that this was not a drink-led premises and many customers would purchase food without a glass of wine.
Mr O’Maoileoin brought the Sub-Committee’s attention to the narrow conditions proposed by the Applicant. Firstly, there would be a condition on the licence restricting the sale of alcohol to that of sparkling wine which could only be sold ancillary to choux. Secondly, there would be a condition ensuring the Premises could only operate as Maitre Choux. Thirdly, after 20:00 hours sparkling wine could only be sold on the Premises by the glass. These conditions made the application so narrow and restrictive in how it could operate it would not set a precedent and could therefore be considered an exception to the City Council’s Statement of Licensing Policy. The only concern that appeared to remain for the Responsible Authorities was allowing the sale of alcohol between 20:00 and 23:00 Monday to Saturday and 20:00 to 22:30 on Sundays. Mr O’Maoileoin explained how these hours had been applied for simply to attract shoppers and theatre goers and the nature of the operation would ensure it did not become a drink-led establishment.
PC Janes, representing the Metropolitan Police, confirmed that their representation was maintained on policy grounds. The Premises was located within a Cumulative Impact Area (CIA) and the hours requested for the sale of alcohol went beyond 20:00 hours which was contrary to Policy. However, the restrictive nature of the conditions was recognised and due to the style of operation the Premises was considered low risk in terms of crime and disorder.
Mr Rowe, representing the Licensing Authority, confirmed that their representation was maintained as it was an application for a new premises licence for a Premises situated within a CIA. Discussions had been held with the Applicant regarding reducing the proposed hours for the sale of alcohol but agreement had not been reached. The Sub-Committee had to decide therefore if granting the application would have a detrimental effect on the CIA.
Mr O’Maoileoin highlighted that no representations had been received from either local residents or resident associations.
In response to a question from the Sub-Committee Mr Vaislic confirmed that external delivery companies did collect deliveries from the Premises. It was also confirmed that off-sales of alcohol would also be ancillary to the sale of cake and would be sold in sealed containers.
After careful consideration the Sub-Committee agreed to grant the application. The very restrictive nature of the conditions would ensure that the Premises would not become a drink-led establishment and could not be used by a future operator to become one. The sale of alcohol would be ancillary to choux and would consist solely of sparkling wine which provided reassurance that the application was tailored towards the specific operation of Maitre Choux. The conditions were considered appropriate and would ensure the licensing objectives were upheld and promoted. It was acknowledged that the Premises was situated within a CIA and concern had been raised over the hours permitting the sale of alcohol requested. The Sub-Committee however considered that the nature of the operation, it’s small capacity and the restrictive way the licence was conditioned would ensure that it did not add to cumulative impact in the area. The hours requested were therefore considered appropriate and subject to some minor amendments to the conditions the Sub-Committee, having heard all the evidence, granted the application accordingly. The Sub-Committee also requested that in order to combat any potential pollution or noise issues an informative be placed on the licence requesting the Applicant use their best endeavours in ensuring delivery companies servicing the Premises use sustainable modes of transport when collecting any deliveries.
The Sub-Committee considered that the conditions imposed on the Premises were appropriate and proportionate and promoted the licensing objectives.
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2. |
Hours Premises Are Open to the Public
Monday to Saturday: 10:00 to 23:00 Sunday: 12:00 to 22:30
Non-Standard Timings:
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
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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 Sub-Committee granted the application (see reasons for decision in Section 1).
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Conditions attached to the Licence |
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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 subparagraph 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.
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Conditions Consistent with the Operating Schedule
9. The sale of alcohol on the premises shall at all times be ancillary to the main function of the premises as a patisserie.
10. Sales of alcohol shall be limited to sparkling wine sold ancillary to eclairs, choux and chouquettes.
11. The premises shall only operate as Maitre Choux.
12. 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.
13. The supply of alcohol on the premises shall be by waiter or waitress service only to persons seated.
14. The number of persons seated in the premises at any one time shall not exceed 14 persons excluding staff.
15. After 20.00 hours sparkling wine shall only be sold on the premises by the glass.
16. There shall be no self-service of alcohol
17. 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.
18. 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.
19. 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.
20. 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.
21. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
22. 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.
23. 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. 24. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours. 17. Off sales of alcohol shall be in sealed containers only, limited to sparkling wine and only sold ancillary to eclairs, choux and chouquettes. 25. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 08.00 hours.
27. 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 (d) any incidents of disorder (e) any faults in the CCTV system. (f) any visit by a relevant authority or emergency service.
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Supporting documents:
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