The Licensing Sub-Committee (3) of Westminster City Council convened to discuss a new premises licence for 52-55 Dorset Street and a review of the premises licence for Mangia Tutto, 94 Bishop's Bridge Road. The committee granted the new premises licence for 52-55 Dorset Street, and revoked the premises licence for Mangia Tutto.

Mangia Tutto, 94 Bishop's Bridge Road

The committee decided to revoke the premises licence for Mangia Tutto, 94 Bishop's Bridge Road, after a review was brought by the Metropolitan Police Service on the grounds of the prevention of crime and disorder and the prevention of public nuisance. The application for review was supported by the licensing authority and the Environmental Health Service.

According to Gabriel Nelson, Counsel for the Metropolitan Police Service, the premises had been uncooperative and obstructive, with staff acting aggressively and attempting to intimidate officers. The designated premises supervisor (DPS) was not involved in the business, staff had no knowledge of the DPS or the licence conditions, and the premises appeared to be operating unsupervised. The police had received multiple reports of criminality, including fights, assaults and drug dealing. The licence holder had not engaged with the police or responded to the review application.

The police also stated that the premises had breached numerous licensing conditions, including supplying alcohol without a DPS or a personal licence¹, serving alcohol without a meal, and denying access to CCTV footage. Jessica Donovan of the Licensing Authority, stated that the licence holder had failed to comply with conditions and had removed the notice advertising the review application.

Gam Gurung, Senior Environmental Health Officer, reported issues with food hygiene, including mouse droppings, a dead mouse, out-of-date food, poor cleaning standards and a high risk of contamination. There was no documentation on site to demonstrate compliance with food safety standards. A formal notice was served, but it was subsequently removed.

Anil Drayan of the Environmental Health Service, supported the police's call for revocation, stating that the operator was not responsible. He added that under the Food Safety Act, an operator could be reported to the Food Standards Agency and banned from operating a food business.

The committee agreed that the management of the premises was not upholding the licensing objectives and that the licence holder was an irresponsible and uncooperative operator. They concluded that no steps other than revocation would be appropriate.

52-55 Dorset Street

The committee granted a new premises licence for 52-55 Dorset Street, deeming that the application, with its conditions, would promote the licensing objectives.

Thomas O'Maoileoin, representing the applicant Ah (Marylebone) Limited, explained that the premises, Cafe Murano, was owned and operated by Angela Hartnett, and that the applicant had decided to apply for a new licence rather than vary the existing one to bring it in line with core hours². He noted that the premises had undergone a refurbishment, and the application sought to update the plans and conditions, many of which were archaic. Following a site visit, the Environmental Health Service had suggested extra conditions, which the applicant had agreed to. The Metropolitan Police had raised no objections, and the application was in accordance with policy.

O'Maoileoin stated that the applicant had tried to engage with two objectors, but they had maintained their objections. He argued that the concerns raised were primarily focused on public nuisance, but the premises would operate as a restaurant rather than an alcohol-led venue. The conditions agreed with the Environmental Health Service went above and beyond what would be expected and would address the objectors' concerns.

O'Maoileoin added that the objectors lived some distance from the premises, making it difficult to understand how they would be affected. He also noted that many customers were local residents who lived on Dorset Street and had not complained.

In response to a question from the committee, O'Maoileoin stated that the applicant had offered to speak with the objectors and had held a neighbours' evening.

The committee agreed to the deletion of condition 23, which was a duplication of condition 24, and to the amendment of condition 27, as no maximum capacity had yet been identified.

The licence was granted with the following conditions:

• Late night refreshment: Monday to Thursday: 23:00 to 23:30, Friday to Saturday: 23:00 to 00:00, Sundays prior to bank holidays/public holidays 23:00-00:00, and from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
• Sale by Retail of Alcohol (On and Off the Premises): Monday to Thursday: 09:00 to 23:30, Friday to Saturday: 09:00 to 00:00, Sunday: 09:00 to 22:30, Sundays prior to bank holidays/public holidays 09:00-00:00, and from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
• Hours premises are open to the public: Monday to Thursday: 08:00 to 23:30, Friday to Saturday: 08:00 to 00:00, Sunday: 08:00 to 22:30, Sundays prior to bank holidays/public holidays 08:00-00:00, and from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
• The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal; save for those patrons in the designated bar area.
• The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
• All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for access and egress.
• Loudspeakers shall not be located in the entrance and exit of the premises or outside the building
• No noise generated on the premises shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
• 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.
• Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
• No collections of waste or recycling materials from the premises shall take place between 23:00 and 07:30 hours.
• No deliveries to or from the premises shall take place between 23:00 and 07:30 hours.
• All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
• No waste or recyclable materials shall be moved, removed from or placed in outside areas between 23:00 hours and 07:30 hours.
• A Challenge 25 proof of age scheme shall be operated at the premises.
• The means of escape provided for the premises shall be maintained unobstructed.
• The supply of alcohol on the premises shall be by waiter or waitress service only.
• No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
• 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.
• The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
• No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
• Patrons permitted to temporarily leave and then re-enter the premises shall not be permitted to take glass containers with them, except for persons authorised at the outside tables and chairs.
• A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open.
• All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.