Agenda item - Mnky Hse, 8-9 Dover Street, W1

Mnky Hse, 8-9 Dover Street, W1

Meeting of Licensing Sub-Committee (4), Thursday 31st March, 2016 10.00 am (Item 3.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / not in cumulative impact area

MnkyHse, 8-9 Dover Street, W1

New

16/00517/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 31st March 2016

Membership: Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Murad Gassanly

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Nick Nelson

Relevant Representations: 1 local resident.

Present: Ms Lana Tricker (Solicitor, representing the Applicant), Mr Eamonn Mulholland (Applicant Company), Mr James Rankin (Barrister, representing the local resident) and Mr David Green (local resident)

Mnky Hse, 8-9 Dover Street, W1 16/00517/LIPN
1.	Live Music (Indoors)
	Monday to Saturday 09:00 to 03:30 Sunday 09:00 to 00:00.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The hours sought for live music were granted, subject to conditions as set out below. The Sub-Committee initially heard from Ms Tricker, representing the Applicant. She stated that the application was for a new premises licence. However, Mnky House is located outside the West End Stress Area and there was an existing licence for a wine bar at the premises. The premises licence, which was held by the Applicant, largely mirrored the operating hours currently being applied for. This would be surrendered should the application be granted. Ms Tricker described the premises as a ‘destination dining venue’ with a musical atmosphere. It had recently been renovated. There was a pricing structure of approximately £80 to £100 per head. There would be approximately 90 staff in total. Ms Tricker referred to the one objection received from a local resident, Mr Green who owns flats to the rear of the premises in Albermarle Street. Ms Tricker explained that the licensed area was not being increased as a result of the application. The basement area was part of the licensed area which Mr Green had requested in his written representation should not be included due to concerns regarding noise outbreak. It was proposed that there were two bars, one on the ground floor and one in the basement rather than the three which had existed in the wine bar. There would be more seating than before. Ms Tricker made the point that the specific difference between the hours on the wine bar licence and those being applied for was that the Applicant was requesting that the sale of alcohol would commence at 10:00 hours on Sunday rather than midday on the existing licence. This was in order that a brunch option could be made available to customers. She added that she did not believe that this option would lead to anti-social behaviour. The Sub-Committee asked Ms Tricker whether she was of the view that there were any differences regarding the proposed terminal hours in the evening between the old wine bar premises licence and current application. She commented that she did not believe that there was. Mr Wroe raised the point that whilst the terminal hour on the face of the wine bar licence on Sundays appeared to mirror those of the current application, he was of the view that the hours on the face of the licence were erroneous as a condition (condition 22 on the most recent premises licence 14/10693/LIPT) set out that on Sundays the permitted hours for the sale or supply of alcohol ‘shall extend until 00:00’. Mr Wroe added that he believed that the wine bar licence had therefore only permitted the sale of alcohol until midnight. In response to a question from the Sub-Committee regarding the capacity, Ms Tricker replied that whilst a condition on the existing wine bar licence had permitted a maximum number of 420 persons excluding staff, there was also a condition which permitted 500 persons including staff in the basement. Therefore the proposed capacity of 480 for the current application was a reduction in the number of customers. Ms Tricker stated that her client had taken on board Mr Green’s concerns regarding noise breakout. The Council’s model condition was being proposed that ‘no noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance’. A noise limiter would be fitted to the musical amplification system and Mr Mulholland was happy to work with Mr Green to set the limiter so that there was no noise disturbance. Mr Mulholland provided Members with some background information regarding the renovation work which had been carried out. He had known when the lease had been acquired in 2014 that the issue of noise travelling through the building had to be addressed. He had consulted with the Council and worked with the owners of the Aston Martin showroom above to increase the soundproofing. They had looked to insulate from the basement up through the building. Mr Mulholland stated that the only current noise issue which he was dealing with was that caused by plant machinery. The Sub-Committee was then addressed by Mr Rankin, representing Mr Green. He informed the Sub-Committee that Mr Green had lived in the flats he owned for approximately ten years. Mr Green accepted that the capacity being proposed in the current application was slightly less than was permitted in respect of the existing wine bar licence. Mr Rankin explained that his client had wished to bring to the Sub-Committee’s attention that he did not feel that he had been adequately consulted by the Applicant in the weeks prior to the hearing and that his occupancy of the flats to the rear of Mnky House had not been acknowledged. The communications had initially been limited to two mobile phone texts. There had however, Mr Rankin advised Members, been a useful discussion just before the hearing between the two parties and it had been agreed that there would be a line of communication going forward. Mr Rankin set out Mr Green’s specific concerns in respect of the application. This was in order, he stated, that the Applicant should not be surprised if they resulted in a review of the premises licence should they not be resolved. Firstly, Cole Jarman, acoustic consultants, had been appointed by Mr Green to look at the findings of the acoustic reports by Waterloo Acoustics in respect of a planning application at the premises and they had reached the conclusion that there had been a significant under assessment of the plant noise levels. Mr Rankin added that the plant noise was causing a nuisance to Mr Green. Mr Rankin welcomed that the Applicant had taken forward noise attenuation measures and stated that it would have been useful had Mr Mulholland communicated with Mr Green and potentially accessed his flat prior to undertaking them. Mr Green wished to be involved in discussions with Mr Mulholland to ensure that the plant noise did not inconvenience him. Mr Rankin also made the point that his client welcomed at least two door supervisors being employed at the premises. Mr Green was of the view that on occasions there would potentially be a need to look at further staffing. He believed it was clear from the cost of the renovation works that there would be a significant increase in numbers visiting the premises as the number of patrons who frequented the wine bar never approached the capacity permitted. In response to a question from the Sub-Committee Mr Rankin clarified that it was accepted that the nature of the application largely mirrored that of the wine bar licence although it was expected that the premises would be significantly busier, including the basement. Ms Tricker responded to Mr Rankin’s comments. She confirmed that Mr Mulholland was willing to work with Mr Green to prevent him being adversely affected by plant machinery noise. They would be swapping mobile telephone numbers after the hearing. She apologised for the lack of direct communication with Mr Green previously. Mr Mulholland’s team of consultants had been in discussions with an individual that they had believed had been communicating with Mr Green. Ms Tricker added that Mr Mulholland had instructed the acousticians for the noise reports to take measurements from the first floor flats which she stated was much closer in terms of noise sensitivity. The Applicant was offering to show Mr Green the Mnky House premises and would ensure that the acoustician was in attendance should he request it. Mr Wroe referred those present to a more appropriate version of the Council’s model condition (MC12) designed to avoid noise nuisance. The wording of the condition is that ‘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’. Ms Tricker responded that she had no objection to this condition being attached to the premises licence in the event the application was granted. The Legal Advisor stated that where plant machinery noise was considered a statutory nuisance by the Council in its capacity as “Environment Authority” for the purposes of section 79 of the Environmental Protection Act 1990 (“The 1990 Act”), this could potentially give rise to service of a noise abatement notice under the 1990 Act The Sub-Committee granted the hours sought by the Applicant for licensable activities Monday to Saturday that were the same as those on the existing wine bar licence. Members also granted the proposed hours for licensable activities on Sundays (including the commencement time of 10:00 for alcohol on Sundays to accompany brunch) except for the terminal hour for the sale of alcohol which would end at midnight rather than the 00:30 sought. Members considered that the effect of the condition on the existing licence was that alcohol was required to cease at midnight on Sundays. The closing time would be 00:30 on Sundays. The Sub-Committee attached the model condition, MC12, suggested by Mr Wroe and agreed by Ms Tricker.
2.	Recorded Music (Indoors)
	Monday to Saturday 09:00 to 03:30 Sunday 09:00 to 00:30.
	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).
3.	Performances of dance (Indoors)
	Monday to Saturday 09:00 to 03:30 Sunday 09:00 to 00:00.
	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 (see reasons for decision in Section 1).
4.	Anything of a similar description to live music, recorded music or performances of dance (Indoors)
	Monday to Saturday 09:00 to 03:30 Sunday 09:00 to 00:00.
	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 (see reasons for decision in Section 1).
5.	Late Night Refreshment (Indoors)
	Monday to Saturday 23:00 to 03:30 Sunday 23:00 to 00:30.
	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).
6.	Sale by retail of alcohol (On and Off)
	Monday to Saturday 10:00 to 03:00 Sunday 10:00 to 00:30.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted Monday to Saturday 10:00 to 03:00 and Sunday 10:00 to 00:00 (see reasons for decision in Section 1).
7.	Opening Hours
	Monday to Saturday 09:00 to 04:00 Sunday 09:00 to 01:00.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted Monday to Saturday 09:00 to 04:00 and Sunday 09:00 to 00:30 (see reasons for decision in Section 1).
8.	Non-Standard Timings
	Live Music (Indoors), Recorded Music (Indoors), Performances of dance (Indoors), Anything of a similar description to live music, recorded music or performances of dance (Indoors), Sale by retail of alcohol (On and Off) and Opening Hours · From the end of trade on New Year’s Eve to the start of trade on New Year’s Day. · On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01:00. Late Night Refreshment (Indoors) · From 23:00 hours on New Year’s Eve to 05:00 hours on New Year’s Day. · On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01:00.
	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;

(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. After 00.00 hours (midnight) the supply of alcohol shall be ancillary to the provision of substantial food and/or music and dancing.

10. Substantial 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.

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

Ground Floor 100 persons

Basement 480 persons

With no more than 480 persons on the premises at any one time.

12. 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 a driving licence, passport or proof of age card with the PASS Hologram.

13. 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.

14. 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.

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. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

17. All external windows and entrances shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.

18 There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

19. 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.

20. 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.

21. All exit doors on designated escape routes shall be available at all material times without the use of a key, code, card or similar means.

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

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

24. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

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

26. 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.

27. Patrons permitted to temporary leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

28. 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.

29. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 08.00 hours.

30. 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.

31. 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, 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 or searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

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

32. There shall be no sales of hot food or hot drink for consumption 'off' the premises after 23.00 hours.

33. No deliveries to the premises shall take place between 23.00 and 07.00 hours.

34. There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises.

35. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

36. The premises may remain open for the sale of alcohol, regulated entertainment and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

37. On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

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 by way of variation.

40. No licensable activities shall take place at the premises until premises licence 14/10693/LIPT (or such other number subsequently issued for the premises) has been surrendered.

41. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

42. There shall be no admittance or re-admittance to the premises after 02:00, except for those patrons temporarily leaving the premises to smoke, save for a maximum number of 25 guests per night who may be admitted at the manager's discretion provided a legible record of these people's names shall be retained on the premises for inspection by the licensing authority and police for a period of 31 days. The name of the manager authorising the entrance will also be recorded.

43. At least 2 SIA licensed door supervisors shall be on duty at the entrance of the premises from 20:00 whilst it is open for business.

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

45. There shall be no sales of alcohol for consumption off the premises after 23:00.

Supporting documents:

Mnky Hse 8-9 Dover Street W1, item 3. PDF 16 MB