Agenda item - Basement and Ground Floor, 117 Mount Street, London, W1K 3LA

Basement and Ground Floor, 117 Mount Street, London, W1K 3LA

Meeting of Licensing Sub-Committee (6), Thursday 9th May, 2019 10.00 am (Item 3.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward/ Not in a Cumulative Impact Area

Basement and Ground Floor, 117 Mount Street, London, W1K 3LA

New Premises Licence

19/02973/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 9thMay 2019

Membership: Councillor Angela Harvey (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder.

Legal Adviser: Horatio Chance

Committee Officer: Kisi Smith-Charlemagne

Presenting Officer: Michelle Steward

Relevant Representations: Environmental Health Services and Local residents represented by CAB Project Officer.

Present: Mr Alun Thomas (Solicitor representing the Applicant Company), Mr Carlo Bisaro (Applicant Company), Mr Sharon Cohen (Technical Director, Applicant Company) Mr Stefano Ganiboth (Applicant Company), Arwed Taun (Applicant Company), Mr Anil Drayan (Environmental Health), Mr Richard Brown (CAB Project Officer, representing Local Resident Objector’s) and Objector no. 2.

Basement and Ground Floor 117 Mount Street London W1K 3LA (“The Premises”) 18/19/02973/LIPN
1.	Sale by retail of Alcohol: Both On and Off sales
	Monday to Saturday: 10:00 to 21:00 Sunday: 12:00 to 21:00 Seasonal Variations/Non-standard timings: None
	Amendments to application advised at hearing: None.
	The Chairman noted that she and the other members of the Licensing Sub-Committee had served as Councillors alongside one of the Objectors, Ms Glenys Roberts. The Chairman further noted that Ms Roberts had not approached any members of the Licensing Sub-Committee and all members of the Committee felt fit to hear the application. Decision (including reasons if different from those set out in report): Ms Michelle Steward (Presenting Officer) introduced the application, advising the Licensing Sub-Committee that this was a new premises licence applicationMarchesi 1824 UK (Applicant Company) for a premise intending to operate as a Café/Deli. It was noted that the Applicant sought the sale by retail of alcohol, for both on and off sales at the premises. Ms Steward informed the Licensing Sub-Committee that the application had received a number of objections from local residents and the Environmental Health Services. Ms Steward informed all parties that an error was made in the late submission circulated by Thomas and Thomas, it incorrectly stated (in third column) that there were 6 chairs instead of 4 chairs. Ms Steward advised the Sub-Committee that the premises were in West End ward and not in the Cumulative Impact Area (CIA). Mr Alun Thomas (Solicitor representing the Applicant Company) introduced Mr Sharon Cohen, Technical Director from the Applicant company to the Licensing Sub-Committee. Mr Cohen informed the Members that Marchesi was the surname of the person name who built the first patisserie in 1824, it is the second oldest patisserie in Milan, and it is recognised as an institution in Milan. Mr Cohen informed the Licensing Sub-Committee that in 2015, Prada decided that it wanted to enter their food and beverage industry and instead of finding a new brand, Prada entered into negotiation with Marchesi and bought the license. Mr Thomas informed the Licensing Sub-Committee that Mr Cohen had been on site for past 6 months, the works had been completed and the premises were due to open subject to the outcome of today’s hearing. Mr Thomas describe the project as a grade 2 and noted that the Applicant had been working with the Grosvenor Group, who were the Applicant’s Landlord. He also advised the Licensing Sub-Committee that the Applicant has been working with their neighbours to ensure that the build had been constructed without too much disruption or difficulties. Mr Thomas advised the Licensing Sub-Committee that the premises would operate as a café/delicatessen who sought to offered alcohol such as wine and beers. Mr Cohen advised the Licensing Sub-Committee that the idea was to bring the concept of the aperitif from Italy. Mr Thomas advised the Licensing Sub-Committee that he and his client had had a good conversation with one of the Objector’s, he apologised as he felt there had been a slight breakdown in communication between with Mr Brown regarding the two conditions that had been agreed. Mr Thomas referred the Licensing Sub-Committee to the conditions on page 105, The Licensing Sub-Committee sought confirmation from Mr Thomas that the conditions had been circulated to all parties. Members of the Licensing Sub-Committee noted that that not all parties had seen the conditions. The Licensing Sub-Committee confirmed that it was happy to accept the new conditions. Mr Thomas advised the Licensing Sub-Committee that there was an existing license held by Dean and DeLuca, who acquired the license and then did not complete the build at the premises. Mr Thomas noted that there were two reasons why his client had not transferred the license, firstly that Dean and DeLuca has not consented to a transfer and secondly to make a clean break. Mr Thomas confirmed the wording of the agreed conditions, he advised that condition 11 should now include the words ‘to person seated’, he also confirmed that the conditions 13 and 22 regarding the 6 external chairs has also been agreed. Mr Thomas noted his client’s intention not to apply for more than six external chairs. Licensing Sub-Committee viewed images of the exterior of the premises and Mr Thomas used the images to show the Licensing Sub-Committee where the external seating would be placed, and the CGI images of the premises finished interior. The Licensing Sub-Committee also viewed the menu from Milan which would be identical to the menu at Mount Street. Mr Anil Drayan EH, noted the temperature-controlled storage environment and additional work undertaken in a listed building, he explained that the Applicant needed to dig a well for borehole. Mr Cohen informed the Licensing Sub-Committee that’s the borehole was the most quiet and sustainable option. Mr Thomas confirmed the agreed conditions; 33. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway. 24. All tables and chairs shall be removed from the outside area by 21:00 each day. 40. New Condition - After 6pm patrons permitted to temporarily leave and re-enter the premises e.g. to smoke, shall be limited to more than 5 persons at any time. 41. New Condition - Patrons permitted to temporarily leave and re-enter the premises e.g. to smoke, shall not be permitted to take drinks or glass containers with them. (model condition 57) 42. New condition: All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises. (Model condition 17) Mr Thomas rebuked the objection from office premises above the premises, he advised that each case should be determined on its own merits and the Licensing Sub-Committee could only consider the inform of them today. Mr Thomas noted that that is client’s application was less than Dean and DeLuca application granted 18 months ago. Mr Richard Brown (CAB Officer) advised the Licensing Sub-Committee that the Objectors that he represented, were all long-term residents who want to ensure that the Applicant does not add to the current problems occurring on Mount Street. Mr Brown advised that he has set out a list of conditions that reflected the discussions had with the Applicant and include the external table and chairs. Local resident Mr Ahmed advised the Licensing Sub-Committee that he was now looking forward to the opening and the great food. He advised that he made objection as he was fearful of a premises license transfer, and that he would not know who the next tenant would be and what controls would be put in place. The Licensing Sub-Committee made further queries regarding deliveries and referred to conditions 29, 30 and 32. Mr Horatio Chance (Council’s Legal Advisor) referred to the objection on p.95 where the objector requested background music only, avoiding placing speakers in places that would cause nuisance, no music outside, and no live music. Mr Thomas confirmed that it was his clients intention to play background music only, he also wanted it noted that there would be no more than 6 chairs outside. The Licensing Sub-Committee carefully considered and granted the variation license, adding the new conditions to the license. The Licensing Sub-Committee noted that there had been further dialog between the applicant and residents, which led to an agreement on the conditions to which have been agreed. The Licensing Sub-Committee also noted that the applicant requested that the following be recorded as part of the official minutes: 1. Recorded music will be played at background level as not to cause a public nuisance and speakers will be positioned in such a way as to not cause a public nuisance whether in or outside the premises. 2. The applicant commits to not apply for more than 6 chairs in the external area either through Licensing or Planning.
2.	Hours Premises Open to the Public
	Monday to Saturday: 08:00 to 21:00 Seasonal Variations/Non-standard timings: None
	Amendments to application advised at hearing: None.

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;

(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.

Conditions consistent with the operating schedule

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 preceding 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 premise 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. The supply of alcohol for consumption 'On' the premises shall be by waiter or waitress service only to persons seated.

12. Food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption 'On' the premises.

13. The number of persons consuming alcohol on the ground floor of the premises building shall be limited to a maximum of 24 persons (plus 6 in the external area) at any one time.

14. An incident log shall be kept at the premises, and made available on request to an authorise officer of the City Council or the Police, which will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system

(g) any visit by a relevant authority or emergency service.

15. No super-strength beer, lagers or ciders of 5.5% ABV (alcohol by volume) or above shall be sold at the premises except for premium beers sold in glass bottles.

16. 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.

17. The approved arrangements at the premises, including means of escape provisions,

emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

18. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

19. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

20. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

21. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

22. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables and limited to 6 persons.

23. There shall be no self-service of alcohol on the premises.

24. All tables and chairs shall be removed from the outside area by 21:00 each day.

25. 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.

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

27. A direct telephone number and email address for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and email address is to be made available to residents and businesses in the vicinity.

28. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

29. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 20.00 hours and 08.00 hours.

30. No collections of waste or recycling materials (including bottles) from the premises shall take place between 20.00 and 08.00 on the following day.

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

32. Save for fresh produce delivered between 07:00 and 08:00 hours, no deliveries to the premises shall take place between 21.00 and 08.00 hours.

33. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

34. A 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.

35. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premise is open.

36. The premises shall be used primarily as a retail gourmet delicatessen and the provision of alcohol shall remain ancillary to the main use of the premises as a retail gourmet delicatessen.

37. Delivery of takeaways shall only be permitted between 09:00 and 18:00 Monday to Sunday.

38. The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

39. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

40. After 6pm patrons permitted to temporarily leave and re-enter the premises shall be limited to no more than 5 persons

41. 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.

42. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

Supporting documents: