Agenda item
Rimini Coffee Bar/Espresso Bar, Basement And Ground Floor West, Cranbourn Street, London, WC2H 7AN
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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5. |
St James’s Ward/ West End Cumulative Impact Area |
Rimini Coffee Bar/Espresso Bar, Basement And Ground Floor West, Cranbourn Street, London, WC2H 7AN |
Premises Licence Variation |
18/07635/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 20th September 2018
Membership: Councillor Karen Scarborough (Chairman), Councillor Jim Glen and Councillor Aziz Toki
Legal Adviser: Wilda Haddad
Policy Adviser: Kerry Simpkin
Committee Officer: Tristan Fieldsend
Presenting Officer: Michelle Steward
Daisy Gadd
Relevant Representations: The Licensing Authority and Environmental Health
Present: Mr Gareth Hughes (Solicitor, representing the Applicant), Mr Nissim Levy (Applicant), Ms Roxanna Haq (Licensing Authority) and Mr Maxwell Koduah (Environmental Health).
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Rimini Coffee Bar/Espresso Bar, Basement and Ground Floor West, 47 Cranbourn Street, London, WC2H 7AN (“The Premises”) 18/07635/LIPV
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1. |
Playing of Recorded Music
Licensable Area
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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 Mr Nissim Levy for a variation of a premises licence in respect of Rimini Coffee Bar/Espresso Bar, Basement and Ground Floor West, 47 Cranbourn Street, London, WC2H 7AN.
The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Metropolitan Police had withdrawn their representation following the agreement of conditions with the Applicant.
Mr Hughes, representing the applicant, confirmed that the application did not involve either the sale or supply of alcohol. The applicant, Mr Levy, was a very experienced operator who had traded in the local area for over 40 years. The application before the Sub-Committee was seeking to regularise the hours of the two premises operated by the applicant, which were situated in close proximity to one another and operated under one premises licence. It was sought to extend the opening hours and the hours for late night refreshment at the Espresso Bar to 04:00, which was in line with what was currently permitted at the Rimini Coffee Bar. There were external tables and chairs located at the premises but these were removed by 01:00 each day. Mr Hughes provided an overview of the premises plans to the Sub-Committee and highlighted how the premises was very limited in size. The Espresso Coffee Bar only had an internal capacity of 18 customers, 8 seated and 10 standing with customers tending to have a short dwell time. The Sub-Committee noted that the basement area between The Espresso Bar and the Rimini Coffee Bar was co-joined.
Mr Hughes advised that the applicant was content to accept the conditions proposed by Environmental Health (EH). The Police had also visited the premises and had raised no issues over its operation. The conditions proposed by the Police had also been accepted. The premises did not suffer from any issues concerning customers departing and the applicant also advised that litter patrols were operated throughout the evening. No residents or residents’ associations had submitted representations regarding the application. The Sub-Committee was advised that the establishment did not create any noise issues, crime or anti-social behaviour. The application had the support of the Heart of London Business Alliance and with the agreement of all parties, a letter was circulated which detailed their support. The premises was also a member of the Best Bar None scheme. Mr Hughes explained that new plans of the premises layout had been submitted to reflect the current layout as the old plans were out of date. Mr Hughes also confirmed that planning permission had been granted to demolish the current premises and erect a new building. This would have A3 restaurant use over two floors, which could operate until 04:00 with a greater capacity than currently available.
In response to a question from the Sub-Committee Mr Hughes explained that the application would not add to cumulative impact in the Cumulative Impact Area (CIA). The Sub-Committee was advised that there was no history of crime and disorder at the premises and the Police had no issue with the application. The premises was very small, everyone would be inside, no residential objections had been made and the applicant was an experienced and proven operator in the local area. Further conditions had also been agreed with EH.
Mr Koduah, representing Environmental Health, confirmed the small nature of the premises. The application was seeking to extend the hours for late night refreshment by one hour but overall EH had no concerns over the application. Their representation had been maintained however as there was a discrepancy on the hours permitting late night refreshment on the current licence.
Ms Haq, representing the Licensing Authority, confirmed their representation was maintained as the application was contrary to the Council’s Statement of Licensing Policy and the applicant therefore had to demonstrate that the application could be considered an exception to policy.
Following further questions from the Sub-Committee the applicant explained that there was very few customers on the premises at 03:00. In addition, to provide clarity concerning the premises operation the applicant confirmed that if the application was granted he was content for a condition to be placed on the licence requiring any external tables and chairs to be rendered unusable by 01:00 hours. Due to the small size of the premises, a query was raised over whether internally it could actually hold 18 customers. The Sub-Committee acknowledged that this was the capacity stated on the current licence but EH was asked if this had been re-evaluated? Mr Koduah confirmed that EH were seeking to assess the capacity.
After careful consideration, the Sub-Committee agreed to grant the application subject to various amendments to the conditions. The Sub-Committee carefully considered the application on its merits and noted that as the premises was located within a CIA the application was contrary to the Council’s Statement of Licensing Policy. The Sub-Committee noted however that the applicant was a very experienced operator in the local area and had agreed various conditions with EH and the Police following the submission of the application. These agreed conditions were considered appropriate and proportionate in the circumstances. To provide further reassurance that the licensing objectives would be promoted however, the Sub-Committee imposed further conditions on the licence. The Sub-Committee was concerned about the proposal to extend the hours permitting late night refreshment at the Espresso Bar and as such it was determined that in allowing this application a condition would be imposed that no sales of hot food or drinks would be permitted for consumption off the premises between 03:00 and 04:00. This condition would ensure that in permitting the extra hour, patrons of the premises would not create any disturbance late at night by consuming food or drink outside of the premises and reduce any potential nuisance emanating from the premises. The limited size of the premises was also noted and to provide clarity on its capacity the Committee considered it appropriate to impose a condition that no late night refreshment would be permitted between 03:00 and 04:00 at the Espresso Bar until EH had determined the capacity. With the applicant’s agreement, a condition rendering any external tables and chairs unusable by 01:00 hours would also be imposed. The updated plan submitted by the applicant setting out the premises’ layout was accepted. The Sub-Committee was of the opinion that whilst permitting the extra hour for late night refreshment was contrary to policy, the aforementioned conditions would ensure that the licensing objectives would be promoted, would create no additional cumulative impact and on this basis the application could be considered an exception to policy.
Having considered all the evidence, the Sub-Committee was satisfied that the premises would uphold and promote the licensing objectives and as such agreed to grant the application accordingly subject to imposition and amendments to the conditions.
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2. |
Private Entertainment
Licensable Area
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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 application was granted, the reason for the decision is detailed in section 1.
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3. |
Late Night Refreshment – Espresso Bar - Indoors
Licensable Area
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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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4. |
Late Night Refreshment – Café Rimini - Indoors
Licensable Area
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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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5. |
Sale by Retail of Alcohol – Espresso Bar – On Sales
Licensable Area
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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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6. |
Sale by Retail of Alcohol – Café Rimini – On Sales
Licensable Area
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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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7. |
Hours Premises are Open to the Public – Espresso Bar
Licensable Area
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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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8. |
Hours Premises are Open to the Public – Café Rimini
Licensable Area
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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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9. |
Layout Alteration
As per the new plan which can be found in Appendix 1 of the report. The existing plans can also be found in this Appendix.
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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.
Conditions reproducing the effect of conditions subject to which the relevant existing licenses have effect.
Conditions relating to Late Night Refreshment:
9. This licence is subject to all the former regulations made by Westminster City Council prescribing standard conditions for annual night café licences, effective from 1 October 2001
Café Rimini (47 Cranbourn Street)
10. The total number of persons accommodated at the premises (excluding staff) shall not exceed 30.
Espresso Bar (48 Cranbourn Street)
11. The number of persons accommodated at any one time (excluding staff) shall not exceed 18.
Conditions Related to Sale of Alcohol
Café Rimini and Espresso Bar
12. In the area hatched black on the deposited plan intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.
13. Suitable beverages, other than intoxicating liquor including drinking water, shall be equally available for consumption with or otherwise as an ancillary to food supplied in the premises.
14. Service of intoxicating liquor shall be by Waiter/waitress service only.
Conditions which reproduce the effect of any restriction imposed on the use of the premises by specified enactments.
15. (i) Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.
In this condition, permitted hours means:
(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve, 10.00 to 23.00. (b) On Sundays, other than Christmas Day or New Year's Eve, 12.00 noon to 22.30. (c) On Good Friday, 12.00 to 22.30. (d) On Christmas Day, 12.00 to 15.00 and 19.00 to 22.30. (e) On New Year's Eve, except on a Sunday, 10.00 to 23.00. (f) On New Year's Eve on a Sunday, 12.00 to 22.30. (g) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 midnight on 31st December).
Café Rimini
(ii) Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year's Eve), and on Christmas Day, between 15.00 and 19.00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
NOTE - The above restrictions do not prohibit:
(a) during the first thirty minutes in Café Rimini and twenty minutes in Espresso Bar after the above hours the consumption of the alcohol on the premises;
(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;
(d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(f) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;
(h) the taking of alcohol from the premises by a person residing there;
(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;
(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
16. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(a) He is the child of the holder of the premises licence. (b) He resides in the premises, but is not employed there. (c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress. (d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
17. The terminal hour for late night refreshment on New Year’s Eve is extended to 05:00 on New Year’s Day'
Conditions attached after a hearing by the licensing authority
18. At all times that any Licensable Activities are taking place, a personal Licence Holder shall be present and on duty in the role of Duty Manager.
19. No off sales of alcohol.
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. 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.
22. 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.
23. 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.
24. There shall be no sales of hot food or hot drink for consumption off the premises after 03:00 on the day following Friday and Saturday in respect of the Espresso Bar, 48 Cranbourn Street.
25. All outside tables and chairs shall be rendered unusable by 01:00 Monday to Sunday.
26. The extension of hours for late night refreshment between 03:00 and 04:00 on day following Friday and Saturday in respect of the Espresso Bar, 48 Cranbourn Street shall not take effect until the capacity of the premise has been determined by the councils Environmental Health Officer and this condition has been replaced with a condition detailing the capacity so determined.
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Supporting documents:
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