Content

Notification of decision following a Licensing Panel hearing to
determine an application for the grant of a premises licence under
section 17 of the Licensing Act 2003
 
PREMISES:  
Mimis Coffee and Dessert Lounge, 5-8 Noble Corner, Hounslow TW5
0PA
 
APPLICANT:  Mimis Lounges Limited
(Company number 14924460)
  
TAKE NOTICE THAT
on Monday 15 April 2024
following a hearing before the Licensing and General Purposes Sub
Committee (the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL,
as the Licensing Authority for the Premises
RESOLVED that:
 
the application for the grant
of a premises licence for Mimis Coffee and Dessert
Lounge, 5-8 Noble Corner, Hounslow TW5 0PA is GRANTED
subject to the modifications and conditions stated
below. 
 
REASONS:
 

1.         
The Panel convened to determine an application by
Mimis Lounges Limited (Company number 14924460) (the
“Applicant”) for Mimis Coffee and
Dessert Lounge, 5-8 Noble Corner, Hounslow TW5 0PA (“the
“Premises”) for the grant of a premises
licence under the Licensing Act 2003. 
 

2.         
The licensable activities applied for are as follows: 
 

Supply of alcohol on the premises:
Sunday to Wednesday
10:00 to 21:30
Thursday to Saturday
10:00 to 22:30
 

Hours premises are open to the public:
Sunday to Wednesday 10:00 to 22:00
Thursday to Saturday 10:00 to 23:00
 

3.         
A copy of the application is attached as Appendix
A and to the agenda pack (the “Agenda”) and
the application also includes various proposed
conditions.
 

4.         
The Premises is not currently licensed and are
situated in an area of mixed commercial and residential properties,
as well as being located with the Authority’s cumulative
impact area (“CIA”). 
 

5.         
The hearing was held in-person before a 3-Member
Licensing Panel.  All Members of the
Licensing Panel were in attendance throughout the hearing, and
during deliberation which took place in a closed
session. 
 

6.         
The owner of the Applicant, Mr Amrit Dari, was in
attendance and the Applicant was represented by Ms Anjali
Garcha. 
Neither of the objectors were present.
 

7.         
The Licensing Panel carefully considered all the
relevant information including:
 

·      
Written and Oral representations by all the
parties

·      
The Licensing Act 2003 and the steps
appropriate to promotethe
Licensing Objectives

·      
The guidance issued under section 182 of the
Licensing Act 2003 (the “Statutory
Guidance”)

·      
Hounslow Council’s Statement of Licensing
Policy 2020-2025 (the “Council’s
Policy”)

·      
The Human Rights Act 1998
 

8.         
During the consultation period representations were
received from two parties, who are residents occupying flats above
the Premises and who are objecting to the application with
identical representations.  The
representations refer to the application seeking to allow off sales
of alcohol and mention other issues regarding alleged nuisance
being caused by the noise of equipment on the Premises and the
smell coming into their homes from the kitchen.  They also refer to the nuisance and potential
threat that could be caused by drunken people coming out late from
the premises and potentially causing that to be broken glasses and
bottles lying around.  These
representations are set out in full in Appendix B.
 

9.         
Appendices D and E include copies of letters sent by
the Applicant to the objectors as well as to two representations in
favour of the application. The responses to the objectors reiterate
that their application is for on sales only and that they will also
be looking to introduce other measures to prevent any disturbance,
including operating CCTV, staff training, putting up notices to
remind customers to leave quietly and respect their neighbours, a
Challenge 25 scheme and not to allow customers to leave the
premises with the alcoholic beverages and for no alcohol to be
removed in open containers. The representations in favour of the
application state that they enjoy going to the Premises and
allowing them sell alcohol will add another option for them when
they go there.
 

10.     
Appendix C contains correspondence from the
Licensing Enforcement team and the Police, both being responsible
authorities, to the Applicant. These representations propose
conditions to be added to a premises licence if
granted.  Neither object to the proposed
licencing and opening hours for the Premises and propose conditions
relating to the prevention of crime and disorder, the prevention of
public nuisance and the protection of children from
harm.  The proposed conditions are
largely similar although the Police also propose conditions
preventing alcohol from being supplied if the CCTV equipment is not
working and requiring the licence holder to take various steps in
the event there was to be a serious result on the
Premises.  The licencing Authority
conditions also include restrictions on customers leaving the
Premises to smoke to take any drinks with them and for customers
not to be allowed to remove any alcoholic drinks in open
containers.  Paragraph 6.3 (page 7) of
the Agenda confirms the Applicant agreed
to these conditions, and this was further confirmed by Ms
Garcha at the hearing.
 

11.     
In her submissions to the Panel Ms Garcha stated the Premises are a coffee and dessert
lounge but there is an intention to change it to a high-class
restaurant and they also want to be able to offer alcohol, but with
a substantial meal.  She submitted that
the application, with the conditions proposed and agreed by the
Applicant, would not add to the cumulative impact in the
area.   She stated the Premises
will not operate as a bar or pub, and they want to offer a diverse
menu along with the option of alcohol.
 

12.     
The Panel was informed that in anticipation of a
licence being granted, the Applicant has been working with the
Licensing Authority and the Police to bring the Premises up to
standard, including staff members being trained in relation to the
service of alcohol and the Challenge 25 scheme and notices being
put up.
 

13.     
Ms Garcha confirmed that
the Applicant had reached out to the objectors,
but had not had any response from either of them, so they
were unable to mediate the matter with them.  She disputed that staff from the Premises were
talking loudly as alleged by the objectors.
 

14.     
In response to questioning by the Panel, Ms
Garcha confirmed that customers can go
outside to smoke, but they cannot smoke within 10 metres of the
Premises, which usually deters most customers.
 

15.     
Ms Garcha also confirmed
the Applicant’s agreement to a condition for alcohol only to
be provided with a substantial meal and she also confirmed that
customers will not be permitted to remove alcohol from the Premises
at all, stating that any alcohol ordered will either have to be finished by customers or left at the
Premises.
 
Decision
 

16.     
The Statutory Guidance states that:
 

“2.15 The 2003 Act enables
licensing authorities and responsible authorities, through
representations, to consider what constitutes public nuisance and
what is appropriate to prevent it in terms of conditions attached
to specific premises licences and club premises certificates. It is
therefore important that in considering the promotion of this
licensing objective, licensing authorities and responsible
authorities focus on the effect of the licensable activities at the
specific premises on persons living and working (including those
carrying on business) in the area around the premises which may be
disproportionate and unreasonable. The issues will mainly concern
noise nuisance, light pollution, noxious smells and litter.

 
 

17.     
The Panel notes that the licencing hours applied for
are within the Authority’s core hours as set out within
Section 2.5 and Table LP3 of the Council’s Policy.
 

18.     
The Panel also notes that the Premises are located
within the CIA and therefore, in accordance with paragraph 84 of
the Council's Policy, the effect is to create a rebuttable
presumption so that applications for new premises licences which
are likely to add to the existing cumulative impact will normally
be refused or subject to certain limitations following relevant
representations being made.  The
Council’s Policy states it is for the Applicant to
demonstrate in the operating schedule that there will be no
negative cumulative impact on one or more of the licencing
objectives in order to rebut any such
presumption. 
 

19.     
With regards to the CIA, the Premises is a
restaurant/lounge seeking to supply alcohol for consumption on the
Premises during hours that are within the licencing authorities
core hours policy.    As such
the Panel does not believe the Premises are likely to add to any
issues of street drinking or littering in the area.  There is no evidence of crime and disorder arising
from the Premises, with the nuisance reported from the objectors
being that caused by equipment on the Premises and noise from staff
talking loudly outside the Premises, which was denied by the
Applicant.
 

20.     
The Panel reviewed the conditions proposed by the
Licencing Authority and the Police, both of which have been agreed
by the Applicant along with a condition (included in the
application but not in the conditions proposed by the responsible
authorities) that alcohol will only be sold to customers ancillary
to a substantial meal.  The Panel
considers these combined conditions would satisfy the licensing
objectives and also render it unlikely
that the Premises will add to the cumulative impact in the
area.
 

21.     
Having taken all matters into account the Panel has
decided to GRANT the application for a premises licence as
follows:
 

Supply of alcohol on the premises:
Sunday to Wednesday
10:00 to 21:30
Thursday to Saturday
10:00 to 22:30
 

Hours premises are open to the public:
Sunday to Wednesday 10:00 to 22:00
Thursday to Saturday 10:00 to 23:00
 
Conditions
 

1)      
The premises shall install and maintain a comprehensive CCTV system
as per the minimum requirements of the Hounslow 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 upon the request of Police or
authorised council officer as soon as possible and during opening
hours.
 

2)      
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 are 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.
 

3)      
All staff responsible for selling alcohol shall receive regular
training in the Licensing Act 2003.Written records of this training
shall be retained and made available to Police and Council officers
with the absolute minimum of delay when requested.
 

4)      
An incident log shall be kept at the premises and made available on
request to an authorised officer of the Hounslow 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

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

5)      
Notices shall be prominently displayed at all exits requesting
patrons to respect the needs of local
residents and businesses and leave the area quietly.
 

6)      
A challenge 25 proof of age scheme shall operate at the premises.
Signage shall be displayed advising customers that the scheme is in
place. All staff authorised to sell alcohol will be trained in the
Challenge 25 scheme and this training will be documented to include
the date the training was given, the name of the person who gave
the training, the person who received the training and signatures
by both trainer and trainee.
 

7)      
Notices shall be prominently displayed advising patrons, CCTV is in operation within the
premises.
 

8)      
Persons wishing to leave the premises to smoke shall not be
permitted to take drinks with them.
 

9)      
Customers will not be permitted to remove from the premises any
alcoholic drinks in open containers.
 

10)   
No alcohol shall be supplied if the CCTV equipment is inoperative
for any reason.
 

11)   
In the event
that a serious assault
is committed on the premises (or appears to have been committed)
the management will immediately ensure that:

(a) The police (and, where
appropriate, the London Ambulance Service) are called without
delay;

(b) All measures that are reasonably practicable are taken to
apprehend any suspects pending the arrival of the police;

(c) The crime scene is preserved so as
to enable a full forensic investigation to be carried out by
the police; and

(d) Such other measures are taken (as appropriate) to fully protect
the safety of all persons present on
the premises.
 

12)   
Alcohol will only be sold to a
person ancillary to a substantial meal on site.
  
 
Right to Appeal
 

22.     
Any party aggrieved with the
decision of the Licensing Panel on one or more grounds set
out in
schedule 5 of Licensing Act 2003 may appeal to the local
Magistrate’s Court within 21 days of notification of this
decision.