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Licensing Sub-Committee (4) - Thursday 16th January, 2025 10.00 am

January 23, 2025 View on council website  Watch video of meeting
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Summary

This meeting was about considering two applications for reviews of the premises licences of two restaurants in Soho. It does not tell us anything about what was actually discussed, or what was decided.

Review of the Premises Licence for Mediterranean Cafe

The Licensing Authority submitted applications for the review of the premises licences of the Mediterranean Cafe at 18 Berwick Street and Violets at 19 Berwick Street. The grounds given for both reviews are:

  • the prevention of crime and disorder,
  • public safety, and
  • the prevention of public nuisance.

The Director of Public Protection and Licensing, in their report on the application for the review of the licence for the Mediterranean Cafe, says that the restaurant, and its sister restaurant Violets, are run by Mr who, they say, is the least compliant operator I have worked with. They are requesting that the committee seriously considers revoking both licences.

The report explains that the Licensing Authority are requesting the review after numerous breaches of licence conditions at the premises. The following issues were identified between September 2022 and August 2024 at both restaurants:

  • trading beyond permitted hours,
  • using unlicensed tables and chairs,
  • operating as a bar without serving substantial meals, and
  • failing to provide CCTV footage to the police.

The report explains that the use of unlicensed tables and chairs contravened Condition 28 of Violet's licence, which says that alcohol can only be served to people seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal.

The report details several instances in which it says that the restaurant was found trading beyond its permitted hours. In July 2022 a City Inspector reported finding both Mediterranean Cafe and Violets operating as bars with customers still on the premises at 00:34, 34 minutes beyond its closing time. For this incident Mr was issued a Simple Caution.

In January 2023 the City Inspector reports finding Violets open with customers in the basement, apparently at a private party, at 00:40, 40 minutes after its closing time.

As a result of these incidents, Soho Kitchen and Bar Limited, Mr and his brother Mr, were convicted in March and June 2024 at City of Westminster Magistrates Court and fined £9459.00.

In June 2024 a police licensing officer says they found Violets operating as a bar serving alcohol with no signs of food having been served, and issued the premises with a Section 19 Closure Notice.

A subsequent inspection by a City Inspector in July 2024 found a number of issues:

  • an old version of the licence was displayed,
  • the licence was hidden behind a door and at a height where it could not be read,
  • there was no Section 57 notice displayed,
  • the restaurant was not operating a Challenge 25 policy,
  • there were no incident or challenge logs being kept,
  • the CCTV time was incorrect,
  • there were no staff training records,
  • fire doors were wedged open,
  • some fire extinguishers had not been checked since 2022, and
  • the rear fire escape was obstructed.

A similar inspection in July 2022 identified similar issues, and found alcohol being served to people who were not eating.

The Director of Public Protection and Licensing notes in their report that compliance with the conditions attached to a premises licence is crucial to promote the licensing objectives, and that the licensees have continuously failed to comply with their conditions, including operation as a bar when licence conditions require both premises to operate as restaurants.

Representations in support of the application for review were received from the Metropolitan Police Service and Environmental Health.

One representation from a member of the public was received in support of the review. The author of the representation describes witnessing a large group of young women in the restaurant at 1am. They say that the owner, Mr, denied them entry to the premises because it was full. When the author entered the restaurant after some customers left, they say that Mr was raising his voice telling us to leave, and that he used his elbow/arm to push past me and he used profanity. They say that he was under the influence of alcohol.

46 representations were received from members of the public opposing the application for review.

Review of the Premises Licence for Violets

The Director of Public Protection and Licensing's report on the application for the review of the licence for Violets explains that the Licensing Authority is seeking the review after numerous breaches of licence conditions were identified, including:

  • trading beyond permitted hours,
  • using unlicensed tables and chairs,
  • operating as a bar without serving substantial meals, and
  • failing to provide CCTV footage to the police.

These issues are detailed in the report on the review of the licence for Mediterranean Cafe, because both restaurants are operated by Mr.

The Licensing Authority are particularly concerned that premises licensed to operate as restaurants do not, even in part, come to operate as bars, because pubs and bars being significantly associated with a greater likelihood of reported crime, disorder and nuisance.

The report explains that the licence for Violets requires the premises to operate as a restaurant, but that the premises has repeatedly operated as a bar, serving alcohol without substantial meals.

In July 2024 a City Inspector conducted an inspection of the premises and identified several issues:

  • an old version of the licence was displayed,
  • there was no Section 57 notice displayed,
  • the restaurant was not operating a Challenge 25 policy,
  • there were no incident or challenge logs being kept,
  • there were no keep quiet signs displayed,
  • there were no staff training records,
  • fire exit signs were not displayed in the basement,
  • some fire extinguishers had not been checked since 2021,
  • the basement fire escape lights were broken, and
  • the basement fire escape door handle was broken.

A similar inspection in July 2022 found that alcohol was being served to people who were not eating.

The report explains that despite efforts to educate the licensees, including prosecutions, the premises continue to operate in breach of their premises licence conditions and fail to promote the licensing objectives.

The report concludes:

In my experience the licence holder is the least compliant operator I have worked with, and given the repetitive nature of this non —compliance, we request serious consideration is given to the licences being revoked in line with the licensing objectives, the prevention of crime and disorder, public safety and the prevention of public nuisance

Representations in support of the application for review were received from the Metropolitan Police Service and Environmental Health.

One representation from a member of the public was received in support of the review.

69 representations were received from members of the public opposing the application for review.