Agenda item
Kirazu, 3 Winnett Street, London, W1D 6JY
|
App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
|
1. |
West End Ward / West End Cumulative Impact Area |
Kirazu, 3 Winnett Street, London, W1D 6JY |
New Premises Licence |
18/06896/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday 30th August 2018
Membership: Councillor Tim Mitchell (Chairman), Councillor Jim Glen and Councillor Jacqui Wilkinson.
Legal Adviser: Barry Panto
Policy Officer: Kerry Simpkin
Committee Officer: Toby Howes
Presenting Officer: Shannon Pring
Relevant Representations: Licensing Authority and 1 local resident.
Present: Daniel Mansell (Barrister, representing the Applicant Company), Yuya Kikuchi (Director of Applicant Company), Gavin Venamore (Agent for the Applicant Company) and Roxsana Haq (Licensing Authority).
|
Kirazu, 3 Winnett Street, London, W1D 6JY (“The Premises”) 18/06896/LIPN
|
|||
|
1. |
Sale by retail of alcohol: On sales |
||
|
|
|
||
|
|
Amendments to application advised at hearing:
None.
|
||
|
|
Decision (including reasons if different from those set out in report):
Shannon Pring (Presenting Officer) confirmed that Environmental Health and the Police had withdrawn their representations following agreement of conditions with the Applicant Company.
Daniel Mansell (Barrister, representing the Applicant Company) began by stating that the premises had operated over the last 2 years predominantly as a takeaway with a small number of seats available for sit down meals. The Applicant Company now intended to operate the premises as a small restaurant with 17 covers. It was proposed to offer alcohol which would be served by waiter/waitress service only to customers and would be ancillary to food and no consumption of alcohol would be permitted outside. Mr Mansell stated that Yuya Kikuchi, the Director of the Applicant Company, would be present on the premises at all times it was open and was the chef. Mr Kikuchi was respected in the food industry and had received a 4 star rating in a Time Out magazine review.
Mr Mansell stated that the premises was a quiet venue and the application was well within core hours. No children would be permitted on the premises and a Challenge 25 policy would be adhered to. No taxis would be permitted to wait for customers outside and signage would be displayed reminding customers to be quiet when they left the premises. Mr Mansell advised that the premises had also operated under a number of temporary event notices (TENs) without any concerns being raised by Environmental Health and the Police. Although the premises was in a cumulative impact area, he did not think it would add to cumulative impact due to the nature of the premises as a small restaurant operating within core hours. There were also stringent conditions proposed to assist the Applicant Company in upholding the licensing objectives.
Mr Mansell then referred to the matters raised in the local resident’s written representation and refuted the claims that had been made. In respect of a premises previously operated by the Applicant Company, 47 Rupert Street, no issues had arisen and the premises had not operated contrary to any planning regulations. The current premises had not operated late as a bar and Mr Mansell suggested that the local resident may have confused this with when the premises was operating under TENs. Mrs Kikuchi, the designated premises supervisor, would be on the premises regularly and Mr Kikucihi was due to apply for a personal licence, whilst staff would also receive the appropriate training. Mr Mansell asserted that the premises was not for Japanese customers only and was not a cash only venue. He concluded his initial submission by stating that the application would not undermine the licensing objectives, nor add to cumulative impact.
Roxsana Haq (Licensing Authority) then addressed the Sub-Committee and stated that Members should be mindful of the policies in the City Council’s Licensing Statement of Policy with regard to premises in cumulative impact areas. She confirmed that there was no case history of any complaints or concerns linked to the premises.
The Sub-Committee then sought further information on how the premises would operate. Clarification was sought as to how the premises would implement its no children policy and stop customers and taxis from congregating and waiting outside the premises. Members asked if there were arrangements in place for customers to smoke and sought assurances that the premises would operate as a restaurant and not a bar. In reference to the amended floor plan that had been circulated, Members sought confirmation that the toilet would change from staff to customer use.
In reply to the issues raised by the Sub-Committee, Mr Mansell confirmed that there would be signage on the premises stating that children were not permitted and he added that the nature of the premises was not conducive for children to be accommodated. Staff would monitor the outside of the premises to prevent customers and taxis from congregating and waiting there and there would also be signage stating that this was not permitted. Mr Mansell advised that there was no designated smoking area and as customers would be discouraged from hanging outside the premises, he felt that this would not be an issue. He confirmed that the premises would operate as a restaurant and not a bar and that customers would use what was previously the staff toilet.
The Sub-Committee granted the application, subject to the deletion of condition 18 in the report in respect of notices asking patrons to leave the area quietly as this was a repetition of condition 14. In determining the application, the Sub-Committee noted that Environmental Health and the Police had withdrawn their representations after agreeing conditions with the Applicant Company. Although the premises was located in a cumulative impact area, the Sub-Committee considered that as the application was within core hours and would operate as a small restaurant with the full model restaurant condition on its licence, that it would be unlikely to add to cumulative impact. In addition, the Sub-Committee also considered that the conditions to be added to the premises licence would assist the Applicant Company in upholding the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and accordingly the application was granted.
|
||
|
2. |
Hours premises are open to the public |
||
|
|
|
||
|
|
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 (see reasons for decision in Section 1). |
||
|
|
|
||
|
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 number of seated persons inside the premises (excluding staff) shall not exceed 20 persons.
10. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.
11. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
12. 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.
13. 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.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
20. There shall be no self-service of alcohol.
21. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
22. No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.
23. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises.
24. 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.
25. 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.
|
Supporting documents:
PDF 617 KB