Agenda item
Melissa's Kitchen Ltd, 27 Elizabeth Street, SW1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
Churchill Ward / not in cumulative impact area |
Melissa’s Kitchen Ltd, 27 Elizabeth Street, SW1 |
New Premises Licence |
17/10522/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 14th December 2017
Membership: Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Karen Scarborough
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Daisy Gadd
Relevant Representations: Environmental Health and 4 local residents.
Present: Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Mr Ercan Mutlu (Owner of the business and Designated Premises Supervisor) and Mr Maxwell Koduah (Environmental Health).
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Melissa’s Kitchen Ltd, 27 Elizabeth Street, SW1 17/10522/LIPN (“The Premises”)
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1. |
Late Night Refreshment (Indoors) |
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Monday to Thursday 23:00 to 23:30 Friday and Saturday 23:00 to 00:00
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee heard from Mr O’Maoileoin, representing the Applicant. He stated that Melissa’s Kitchen had been trading, without the sale of alcohol, for approximately two months. The Premises was permitted A3 use. It had historically been more of a café/restaurant and the original lease had required that no alcohol would be sold there. The Sub-Committee was advised that there had recently been an overhaul of the Premises and a change in the terms of the lease. The landlord, Grosvenor, had now permitted the Premises to sell alcohol whereas previously there was a complete prohibition.
Mr O’Maoileoin informed the Sub-Committee that Mr Mutlu, the owner of the business and the Designated Premises Supervisor, was living above the premises with his 8 year old daughter, whom the business was named after. It was therefore in his best interests to make sure that there was no noise emanating from the Premises.
Mr O’Maoileoin proposed amendments to the application. The opening hours were being amended so that the proposed terminal hours would be the same as for on sales of alcohol (Monday to Thursday 23:30, Friday and Saturday midnight and Sunday 22:30). Also, the proposed terminal hours for off sales were being amended in line with the Council’s Core Hours (23:00 Monday to Saturday and 22:30 on Sundays). Mr O’Maoileoin offered that the Council’s Model Condition 56 be attached to the licence that ‘there shall be no sales of hot food or hot drink for consumption off the premises after 23.00’.
It was confirmed by Mr O’Maoileoin that five conditions suggested by the Metropolitan Police had been agreed by the Applicant. The Police had subsequently withdrawn their representation. It was Mr O’Maoileoin’s understanding that Environmental Health did not have specific concerns about the application but that they had maintained their representation due to the written representations from four local residents. Maintaining the representation would enable the Environmental Health Officer to assist the residents and the Sub-Committee in the event that any of the residents had been in attendance at the hearing.
Mr O’Maoileoin referred to the written representations submitted by the local residents. He made the point that one of the representations had stated that noise was a problem in the area whilst another had described the area as being quieter after 23:00. It was the Applicant’s view that the location of the Premises at the end of Elizabeth Street closest to Buckingham Palace Road and in close proximity to the Coach Station was not as quiet as other locations in Belgravia. Mr O’Maoileoin made the case that the conditions offered by the Applicant and the conditions agreed with the Police should be sufficient to address the concerns raised by the residents. It was the Applicant’s intention that alcohol would only be sold ancillary to customers having a table meal. Alcohol would be served by waiter or waitress service. Off sales would leave the Premises in a sealed container. Late night refreshment would only be served to customers inside the Premises during licensed hours (after 23:00). The capacity would be 40 including staff.
The Policy Adviser advised that whilst the conditions agreed between the Applicant and the Police ensured that the sale of alcohol would be ancillary to the main use of the Premises as a café, that there would be waiter or waitress service and that customers would be seated at tables, they did not ensure that alcohol would be ancillary to a table meal. The Policy Adviser asked Mr O’Maoileoin whether the Applicant would be amenable to having Model Condition 38 on the premises licence in the event the application was granted by the Sub-Committee. The wording of this condition is that ‘the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal’. Mr O’Maoileoin replied that the condition was acceptable to the Applicant as it was intended that alcohol would be sold ancillary to a table meal with customers being seated.
Mr Koduah confirmed at the hearing that Environmental Health did not have any concerns about the application.
The Sub-Committee asked whether consideration had been given to limiting the maximum number of smokers outside the premises at any one time given that Melissa’s Kitchen is located in a residential area. It was clarified by Mr Koduah that it had not been proposed by Environmental Health as the Premises had been run as a café for a number of years and there had been no recorded complaints about noise from customers smoking. Mr O’Maoileoin stated that the Applicant was content to limit the maximum number of customers who could smoke outside the Premises at any one time. The Applicant did not seek any drinking to be permitted outside. It was suggested by Mr O’Maoileoin and Mr Koduah that an appropriate maximum number of smokers outside at any one time would be 4 (10% of the capacity).
The Sub-Committee noted the representations of the four residents who had expressed concerns about the application, including a terminal hour after 23:00. However, the Sub-Committee in granting the application took into account that the Applicant had amended the closing time for the Premises so that the closing time and the terminal hours for licensable activities were in keeping with the Council’s Core Hours policy. Off sales would cease at 23:00 Monday to Saturday and at 22:30 on Sundays in line with the request of residents and late night refreshment would only be served to customers inside the premises during licensed hours (after 23:00).
The Sub-Committee also took into account in granting the application that the conditions proposed by the Applicant and those that the Applicant had agreed with the Police promoted the licensing objectives. Significantly, the Applicant had agreed the condition requested by the Sub-Committee that the supply of alcohol at the Premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal. The Premises would therefore be food led. It would therefore not tempt people leaving a pub or bar to visit Melissa’s Kitchen in order to keep drinking which was a concern of residents. Smoking outside had also been a concern set out in one of the residents’ written representations and the Applicant had agreed to a maximum of four customers outside smoking at any one time. In keeping with the stated intention of the Applicant, the Sub-Committee attached an additional condition to the premises licence that no drinks would be taken outside.
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2. |
Sale by retail of alcohol (On and Off) |
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Monday to Thursday 10:00 to 23:30 Friday and Saturday 10:00 to 00:00 Sunday 12:00 to 22:30
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Amendments to application advised at hearing: |
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Mr O’Maoileoin advised the Sub-Committee that the proposed terminal hours for off sales were being amended in line with the Council’s Core Hours (23:00 Monday to Saturday and 22:30 on Sundays).
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the proposed hours for on-sales and the amended proposed hours for off-sales which were in keeping with the Council’s Core Hours policy.
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3. |
Hours premises are open to the public |
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Monday to Thursday 07:00 to 00:00 Friday to Sunday 07:00 to 00:30
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Amendments to application advised at hearing: |
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Mr O’Maoileoin advised the Sub-Committee that the opening hours were being amended so that the proposed terminal hours would be the same as for on sales of alcohol (Monday to Thursday 23:30, Friday and Saturday midnight and Sunday 22:30).
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the opening hours, including the amended closing times which were in keeping with the Council’s Core Hours policy.
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4. |
Seasonal variations / Non-standard timings: |
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Late Night Refreshment (Indoors), Sale by retail of alcohol (On and Off) and Hours premises are open to the public
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Late Night Refreshment (Indoors) and Sale by retail of alcohol (On and Off)
On Sundays immediately prior to Bank Holidays to 00:00.
Hours premises are open to the public
On Sundays immediately prior to Bank Holidays to 00:30.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below.
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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 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. 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.
10. 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.
11. 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.
12. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
13. 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.
14. 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.
15. The number of persons permitted in the premises at any one time (including staff) shall not exceed 40 persons.
16. No deliveries to the premises shall take place between 23:00 and 08:00 on the following day.
17. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
18. 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.
19. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 and 08:00 on the following day.
20. 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 g) Any refusal of the sale of alcohol h) Any visit by a relevant authority or emergency service
21. 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.
22. The sale of alcohol on the premises shall at all times be ancillary to the main use of the premises as a café.
23. The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
24. The supply of alcohol shall be by waiter or waitress service only.
25. No draught beer shall be sold or supplied at the premises.
26. There shall be no self-service of alcohol for consumption on the premises.
27. After 23:00 hours 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.
28. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.
29. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 4 persons at any one time.
30. Off sales shall cease at 23:00 Monday to Saturday and 22:30 on Sunday. |
Supporting documents:
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