Agenda item

Dorset Cafe, Dorset House, Basement and Ground Floor, 27 Melcombe Street, NW1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Bryanston and Dorset Square Ward / not in cumulative impact area

Dorset Cafe, Dorset House, Basement and Ground Floor, 27 Melcombe Street, NW1

New Premises Licence

17/14501/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 15 February 2018

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Heather Acton and Councillor Shamim Talukder

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health and 4 x residents.

 

Present:  Mr Robert Botkai (Solicitor, representing the Applicant), Mr Abdul Harmal (Designated Premises Superviser) and Mr Ian Watson (Environmental Health).

 

Dorset Café, Dorset House, Basement and Ground Floor, 27 Melcombe Street, NW1 (“The Premises”)

17/14501/LIPN

 

1.

Sale by retail of alcohol (On)

 

 

Monday to Saturday:                                          11:00 to 22:00

Sunday:                                                              12:00 to 22:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Sub-Committee heard from Mr Botkai, representing the Applicant.  He stated that the café/restaurant sells quality Moroccan food at an affordable price.  It is not located in one of the Council’s designated cumulative impact areas and the proposed hours of operation are within the Council’s Core Hours policy.  Mr Botkai clarified that the Applicant had offered the Council’s model restaurant condition, MC66, so that alcohol would be ancillary to a substantial table meal at the Premises.

 

Mr Botkai referred to the Applicant sending an invitation to Environmental Health and the residents who had submitted representations objecting to the application in order to discuss the application at a meeting in January.  The Sub-Committee was advised that this had been attended by Mr Dave Nevitt for Environmental Health and two local residents.  The two local residents, represented by Mr Richard Brown, Solicitor at the Citizens Advice Bureau Licensing Advice Project, had had concerns about the use of the outside area.  Mr Botkai advised the Sub-Committee that tables and chairs were already located in the outside area and they were not causing an obstruction.  It had been agreed to render the outside tables and chairs unusable by 22:15 each day and that there would be no take away service of food or drink after 22:00. The two local residents had subsequently withdrawn their representations.

 

Mr Botkai addressed the Sub-Committee on the representations from local residents which had not been withdrawn.  He said that the Premises would not be a bar (it would be a case of offering a glass of wine ancillary to a meal) and there had never been any problems with drug dealing or football supporters there.  The Police had not expressed concerns about the potential for crime and disorder as they had not made a representation.

 

The Sub-Committee heard from Mr Watson on behalf of Environmental Health.  He made the point that the representations received from residents had not set out any specific issues with the current operation of the Premises.  He advised that the Moroccan café/restaurant had not received any recorded complaints over the five years it had been operated by the Applicant.  He doubted whether it was likely that granting on sales at the Premises would result in residents being adversely affected.  The Applicant had offered MC66 and the Council’s policy is that restaurants are not generally associated with crime and disorder.

 

The Sub-Committee asked the representatives of the Applicant some questions including whether there would be a food delivery service in relation to this application.  Mr Harmal and Mr Botkai replied that there was an existing delivery service from the Premises and it had not led to any complaints.  They also clarified that shisha would not be provided at the Premises.  

 

The Sub-Committee granted the application, considering that the application would promote the licensing objectives.  This decision took into account that the Premises would operate as a restaurant where alcohol would be ancillary to a substantial table meal and that the premises would close at 22:00 hours.  The application would not add to cumulative impact as the restaurant is located outside the designated cumulative impact areas. 

 

The Sub-Committee noted local residents’ concerns but did not believe that the operation of the restaurant in the event of the application being granted, including the use of the outside area, would add to public nuisance or cause any problems in the locality in respect of beggars, drunks, drug dealing or football supporters. 

 

2.

Hours premises are open to the public

 

 

Monday to Saturday:                                          07:00 to 22:00

Sunday:                                                              08:00 to 22:00

 

 

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.

 

 

 

 

 

 

 

Conditions attached to the Licence

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 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.

 

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.       All outside tables and chairs shall be rendered unusable by 22:15 each day.

 

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

 

13.       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.

 

14.       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.

 

15.       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.

 

16.       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 2200, 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.

 

Notwithstanding this condition, customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

17.       The sale and supply of alcohol for consumption outside of the premises building shall be restricted to alcohol consumed at the outside tables and chairs shown on the licence plan, shall be by waiter or waitress service, served only to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

18.       Customers permitted to temporarily leave and then re-enter the premises building e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

19.       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.

 

20.       No take away service of food or drink after 22:00

 

Supporting documents: