Agenda item
Inko Nito, 55 Broadwick Street, W1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
West End Ward / West End Cumulative Impact Area |
InkoNito, 55 Broadwick Street, W1 |
Variation of a Premises Licence |
17/14383/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 1st February 2018
Membership: Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Karen Scarborough
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Daisy Gadd
Relevant Representations: Environmental Health, Licensing Authority and 2 local residents.
Present: Mr Alun Thomas (Solicitor, Representing the Applicant), Ms Rebecca Boland (Managing Director and Designated Premises Supervisor), Mr Dave Nevitt (Environmental Health) and Mr Steve Rowe (Licensing Authority).
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Inko Nito, 55 Broadwick Street, W1 17/14383/LIPV
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1. |
Late night refreshment (Indoors) |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee heard from Mr Thomas, representing the Applicant. He stated that the application was in three parts. Firstly, there was the proposed variation of the layout. The original application considered by the Licensing Sub-Committee in June 2017 had been submitted by the landlord, Shaftesbury, prior to the tenant being known. The variation of the layout reflected the requirements of the new tenant and included the reconfiguration of WCs, kitchen and back-of-house areas and also the removal of the bar servery. Mr Thomas made the point that he believed there had been no objection to this aspect of the application.
The second aspect of the application was the increase of the proposed hours. Mr Thomas referred to the proposed hours being in line with those permitted for the planning permission at the premises. He also said that the planning permission had taken into account a full assessment of issues relating to amenity, plant and dispersal.
Mr Thomas explained that the third aspect of the application was to reduce the capacity at the premises from 150 to 120 in the event that the Sub-Committee was minded to grant the application. He made the point that the Council’s model restaurant condition, MC66, was included on the existing premises licence granted by the Licensing Sub-Committee in June 2017 and that the application continued to comply with policy RNT2 for a restaurant in the West End Cumulative Impact Area. The Sub-Committee had taken cumulative impact into account in granting Core Hours.
Mr Thomas spoke about the representations from two local residents who were not in attendance at the hearing. He had written to both residents and had spoken with the resident who had expressed concerns that an extension to the hours prior to the restaurant opening was premature. Mr Thomas drew Members’ attention to the decision of the Sub-Committee in June 2017 that there was the option for the Applicant to again seek the hours originally applied for when an operator was identified. The hours originally applied for by Shaftesbury in June had been beyond Core Hours.
Mr Thomas placed emphasis on the experience of the operator, including Ms Boland who is the Managing Director of Zuma Ltd (the parent company) and the Designated Premises Supervisor for Inko Nito. Ms Boland advised that she had worked in hospitality for 17 years, including having previously run Harrods’ restaurants for 5 years. There had been no complaints or issues relating to these restaurants. Zuma Ltd operated 17 restaurant businesses around the world including 3 in Westminster. Mr Thomas added that the 3 in Westminster where there had been no complaints or issues, were Zuma in Raphael Street, ROKA in North Audley Street and ROKA in Charlotte Street. He believed it was significant that there had been no complaints given that Zuma and ROKA are located in residential areas.
Ms Boland described the intended operation of Inko Nito which is due to open in May 2018. It would be Japanese charcoal grilled cooking with a Korean influence. The charcoal grill would be in the centre of the restaurant. There would be no bar waiting area in the premises. There were likely to be 95 covers. Ms Boland explained that the reason the Applicant was requesting an extension of hours was that diners would eat an hour or an hour and a half after they were seated. Therefore, with the current opening hours, it was necessary to stop seating people at around 22:00 each evening.
Mr Thomas stated that Inko Nito would be close to Shaftesbury’s Carnaby Village which has 24 hour security and CCTV. He also spoke about the strong lease terms that Shaftesbury has with its tenants.
Mr Thomas referred to the Council’s relevant policies RNT2 and HRS1 and the fact that applications for restaurants in the designated cumulative impact areas are considered on their merits provided it can be demonstrated that they will not add to cumulative impact. Mr Thomas expressed the view that the operators’ other three premises in Westminster had not added to cumulative impact. They all had waiter/waitress service, a meet and greet at the front door, no external seating or regulated entertainment. Mr Thomas also referred to there being evidence in the Council’s policy that restaurants operating up to 01:00 were less likely to cause crime and disorder and public nuisance. He added that a proposed reduction in capacity was a proven way to reduce cumulative impact. If there were problems the premises licence could be reviewed.
Mr Panto advised the Sub-Committee that whilst the manner in which the restaurant is operated is a factor for consideration, even if it was run well it could still potentially add to cumulative impact. Whether it added to cumulative impact or not could not be reviewed. Mr Thomas responded that he appreciated that whether premises added to cumulative impact or not could not be reviewed. However, if they were poorly run they could be. He was of the view that the Zuma Ltd premises in Westminster did not add to cumulative impact.
The Sub-Committee was addressed by Mr Nevitt on behalf of Environmental Health and Mr Rowe on behalf of the Licensing Authority. Mr Nevitt confirmed that the ROKA and Zuma premises are well run. However, he made the point that none of the three restaurants owned by Zuma Ltd in Westminster were located in a designated cumulative impact area. He perceived that there had been premises licences with MC66 as a condition on the licence granted until later than the hours being applied for at Inko Nito. There were advantages that the operator had a track record, had agreed the Council’s model restaurant condition and was a committed restauranteur without the requirement for a bar. There was also a commitment to reduce the capacity.
Mr Nevitt also asked the Sub-Committee to consider alternatives to the wording of the movement and collections of waste or recyclable materials, including bottles, conditions in the event that the Members were minded to grant the application. The proposed original conditions set out in the report had limited the movement and collections to 07:00 to 23:00. Environmental Health’s proposed amendments provided an exception if collections are arranged during the times for the Council’s own commercial waste collection for the street outside of these hours.
Mr Rowe stated that the current application was for a restaurant and the Applicant was willing to reduce the capacity whilst seeking to increase the hours of operation. It was for the Sub-Committee to decide whether it was satisfied that the compromise would not add to cumulative impact.
The Sub-Committee asked Mr Thomas a number of questions. These included further clarification as to why the application justified additional hours and why the application would not add to cumulative impact in the West End Cumulative Impact Area (it had been noted that the operator’s three other premises in Westminster were not located in a cumulative impact area). Mr Thomas replied that whilst they are not in a cumulative impact area, two of them are in residential areas and they had not adversely impacted on residents. He believed it was often necessary for applicants seeking later hours outside the cumulative impact areas to prove that they did not add to cumulative impact. He gave 85 Piccadilly as an example.
The Sub-Committee asked Mr Thomas whether he was willing to explore the idea that the licensable activities authorised by the licence would only be carried on at the premises by the Applicant. It would add a personal element to the licence based on the good reputation of the Applicant and would mean that the licence would have to be varied before it could be operated by another licence holder. Mr Thomas replied that he had no objections if the Sub-Committee found it necessary to impose it. However, he would prefer that it was not included. He had represented the company for the last 15 years and during that time they had not disposed of any restaurants.
The Sub-Committee had carefully considered whether it was appropriate to make a decision on the application now or delay a decision until the premises had been operating for six months or so on the basis that the application was premature. The Sub-Committee decided that it was appropriate to make a decision now and that it would not be premature to do so.
The Sub-Committee was satisfied that the premises would be operated in such a way as to not have an adverse effect on cumulative impact. It was possible to have a clearer picture of the nature of the operation than it had been for the Sub-Committee at the hearing in June 2017 before a tenant was identified. Inko Nito would very clearly be food led, being a restaurant without a bar. It would have a layout with the charcoal grill in the centre of the restaurant and it was very likely that it would continue to be very much food led. The Sub-Committee did consider that the Applicant’s track record with restaurants was a benefit with Environmental Health having confirmed that the three premises operated in Westminster did not cause any issues. The combination of the Applicant’s track record and the proposed nature of the restaurant indicated that there were unlikely to be problems with the dispersal of customers from the premises into the West End Cumulative Impact Area during the hours applied for. It was also of significance that the Applicant had offered to reduce the capacity from 150 to 120 in the Cumulative Impact area and the Sub-Committee attached this condition to the premises licence.
The Sub-Committee decided not to impose the amended conditions proposed by Environmental Health relating to the movement and collections of waste or recyclable materials, including bottles. These proposals were considered to be a relaxation of the conditions proposed by the Applicant that was not permitted without others having the opportunity to object. The Sub-Committee considered that the movement and collections of waste late at night would have the potential to undermine the licensing objectives.
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2. |
Sale by Retail of Alcohol (On) |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
Hours premises are open to the public |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below.
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4. |
Layout alteration |
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The variation seeks various alterations to the layout, namely the following: · Reconfiguration of WCs · Reconfiguration of kitchen and back-of-house areas · Addition of lobby to the restaurant entrance in the bottom right corner · Removal of entrance in the centre of the shop-front · Removal of bar servery · Addition of robata · Removal of raised area · Change to furniture arrangement.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below.
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5. |
Condition being varied |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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6. |
Seasonal variations / Non-standard timings |
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Late night refreshment (indoors) and Sale by Retail of Alcohol (On)
Hours premises are open to the public
Late night refreshment (indoors), Sale by Retail of Alcohol (On) and Hours premises are open to the public
Retain condition that ‘The hours to be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day’.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below (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 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.
Additional Conditions
9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry 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.
10. 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.
11. 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.
12. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
13. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
14. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 07.00 hours on the following day.
15. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 on the following day.
16. 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.
17. A Challenge 21 or 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. 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.
19. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.
20. The premises shall only operate as a restaurant i. in which customers are shown to their table, ii. where the supply of alcohol is by waiter or waitress service only, iii. which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, iv. which do not provide any take away service of food or drink for immediate consumption, v. which do not provide any take away service of food or drink after 23.00, and vi. where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises 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.
21. No licensable activities shall take place at the premises until the works have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
22. The premises may remain open for the sale of alcohol 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.
23. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 120 persons.
24. After 23:00 hours patrons temporarily leaving the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers outside with them.
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