Agenda item

Chutney Mary, 72-73 St James's Street, SW1

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward / not in cumulative impact area

Chutney Mary, 72-73 St James’s Street, SW1

Variation of Premises Licence

17/09962/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 2nd November 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Daisy Gadd

 

Relevant Representations:         Environmental Health and Metropolitan Police.

 

Present:  Mr Craig Baylis (Solicitor, Representing the Applicant), Mr Ranjit Mathrani (Owner), Mr Anil Drayan (Environmental Health) and PC Sandy Russell (Metropolitan Police)

 

Declaration: Councillor Angela Harvey declared that she is a member of the Carlton Club which is located at 69 St James’s Street.  She advised that she had not discussed the application with anyone at the Club and it did not affect her ability in any way to consider the application with an open mind.  The Carlton Club had not made a representation in respect of the application.

 

Chutney Mary, 72-73 St James’s Street, SW1

17/09962/LIPV

 

1.

Condition being varied

 

 

From

 

To permit the supply of alcohol without food on the premises until 19:30 on any day by waiter/waitress service to no more than 20 customers seated in the hatched area as shown on the plan numbered 3346/LIC2.22 as submitted to the Licensing Sub Committee and attached to this Order.

To

 

To permit the supply of alcohol without food until 22:00 on any day by waiter/waitress service to no more than 30 customers seated in the hatched area as shown on revised plan number 3346/LIC2.22 submitted with this application.

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The existing premises licence for Chutney Mary enabled the Applicant to operate the premises as a restaurant (in keeping with the Council’s model restaurant condition) except for a maximum of 20 seated customers being permitted to have alcohol (served by waiter/waitress) without food until 19:30 each day in a hatched area set out in the plan.  The Applicant was now seeking to extend the supply of alcohol without food in an extended hatched area until 22:00 each day (served by waiter/waitress) and to a maximum of 30 seated customers.

 

The Sub-Committee heard from Mr Baylis, representing the Applicant.  He described Chutney Mary at St James’s Street as a high end restaurant which has an average spend of £90 per head.  He stated that his client had no intention of turning the premises into a bar.  Chutney Mary was indeed more commercially viable as a restaurant.  There had been the option for customers to be able to have a drink without food at the premises until 19:30 for the last six months or so and no issues had arisen for local residents. 

 

Mr Baylis referred to e-mail correspondence with a local resident which had been submitted to the Sub-Committee.  This was in order to demonstrate that the Applicant was in dialogue with local residents.  Local residents, including the resident whose email correspondence had been forwarded to the Sub-Committee, had objected to a previous application in 2016 to enable up to 30 seated customers to be able to consume alcohol in a hatched area without it being ancillary to food until 20:00.  The previous application in May 2016 had been refused by the Sub-Committee but following a settlement between the Council and the Applicant when the latter had appealed the decision, the Applicant had been able to sell alcohol ancillary to food for up to 20 customers until 19:30.  No residents had objected to the current application. 

 

Mr Baylis clarified in response to a question from the Sub-Committee that the hatched area in the front room was an extension of the space that had been sought in terms of the hatched area in the 2016 application. 

 

The Sub-Committee heard from Mr Drayan on behalf of Environmental Health and PC Russell on behalf of Metropolitan Police.  Mr Drayan and PC Russell advised that they had no objections to the application.  They had maintained their representations in order to give the Sub-Committee the opportunity to consider the application given the previous history.  The Responsible Authorities confirmed Mr Baylis’ point that there had been no issues raised by the current operation.  Mr Drayan mentioned that Chutney Mary is located outside of the Council’s designated cumulative impact areas.  There was therefore no policy presumption against the application.

 

Mr Baylis and Mr Mathrani were asked by the Sub-Committee how the Applicant intended to supervise the 30 customers in the hatched area.  Mr Baylis replied that the customers would all be seated and there would be no vertical drinking.  Mr Mathrani added that the granting of the application would result in an extension of the existing arrangement.  There was a manager currently supervising the 20 customers in the hatched area until 19:30 and this arrangement was working well.  Waiters were also vigilant and were able to advise customers accordingly. 

 

The Sub-Committee granted the application, subject to conditions as set out below.  In reaching this decision, the Sub-Committee noted that Chutney Mary is not located in a designated cumulative impact area and the application is not contrary to policy.  The Sub-Committee noted that there had been serious breaches of the licence in the past which had led to the Sub-Committee refusing the application in May 2016.  However, as advised by Environmental Health and the Police, the Sub-Committee took into account that the breaches had since ceased and the licensing objectives were now being promoted.  There had been no representations in respect of the current application from residents or amenity societies.  Environmental Health and the Police had made representations based on the history of the premises and the Sub-Committee’s previous decision.  They had no concerns about the current application.

 

There was no known record from the Magistrates’ Court of any conditions attached to the licence following the settlement between the Council and the Applicant.  It was agreed that rather than attaching the proposed amendment to condition 21 in the report, the condition would be amended from the one proposed by the Applicant for the application considered by the Sub-Committee in May 2016.  The wording used was that ‘Notwithstanding condition 15, alcohol may be supplied to customers without food provided that

 

a)         Such supply shall only be to persons seated and served by waiter/waitress service.

b)         Such supply shall cease at 22:00

c)          Such supply shall be limited to 30 customers to be seated in the area hatched black and shown on plan number 3346/LIC2.22.

 

The availability of alcohol without food shall not be promoted or advertised otherwise than on menus and price lists within the premises’.

 

It was pointed out that this condition referred to the existing plan attached to the licence but the current application included an amended version of the plan to show the enlarged hatched area at the front of the premises. The licence, as varied, would have to include the amended version of the plan.

 

The Sub-Committee also informed Mr Baylis of the intention to attach the Council’s Model Condition 57 to the premises licence that ‘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’.  It was believed that this condition had been negotiated with the Applicant as part of the settlement.  Mr Baylis responded that he had no objections to the condition being attached to the licence.  He added that the Applicant had always maintained a policy that customers were not able to take drinks outside with them.  The condition was therefore attached to the premises licence.

 

 

 

 

 

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.         No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

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

 

11.       The number of persons permitted in the premises at any one time (excluding staff) shall not exceed: Overall capacity 150 persons

Basement Private Room 1 - 40

            Basement Private Room 2 - 20

 

12.       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.

 

13.       No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside area between 23:00 hours and 08:00 hours the following day.

 

14.       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 driving licence, passport or proof of age card with the PASS hologram.

 

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

 

16.       The premises will maintain a comprehensive CCTV system that ensures all areas of the licensed premises are monitored including all entry and exit points, and the street environment and which enable frontal identification in any light condition. All cameras shall continually record whilst the premises are open to the public and the video recordings shall be kept available for a minimum of 31 days with time and date stamping. Tape recordings shall be made available to an authorised officer or a police officer with facilities for viewing. The recordings for the preceding two days shall be made available immediately on request. Recordings outside this period shall be made available on 24 hours notice. (Subject to the Data Protection Act 1998).

 

17.       The supply of alcohol shall be ancillary to meals.

 

18.       Suitable beverages other than alcohol (including drinking water) shall be available during the permitted hours.

 

19.       All external doors shall be kept closed after 21:00 except for immediate access and egress.

 

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

 

21.       Notwithstanding condition 15, alcohol may be supplied to customers without food provided that

 

d)     Such supply shall only be to persons seated and served by waiter/waitress service.

e)     Such supply shall cease at 22:00

f)       Such supply shall be limited to 30 customers to be seated in the area hatched black and shown on plan number 3346/LIC2.22.

 

The availability of alcohol without food shall not be promoted or advertised otherwise than on menus and price lists within the premises.

 

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.

 

 

Supporting documents: