Agenda and decisions

The Royal Borough of Kensington and Chelsea

Decision of the Licensing Sub-Committee (“Committee”)

11 July 2024

Present at Hearing:-

Committee:              Councillor Marie-Therese Rossi (Chair)

                                Councillor Dori Schmetterling

                                Councillor Abdullahi Nur   

Officers:                  Paul Phelan (Licensing)

                                Lindsey Le Masurier (Legal)

                                Holly Weaver (Governance)

                                Nimca Muhudin (Governance)

Applicant:               Loreinis Hernandez (DPS^[1])

                                Sean Rafferty (Business Partner)             

Amarte Ltd, 10 Cale Street, London, SW3 3QU (“the Premises”)

The Committee has considered an application for the grant of a Premises licence under the Licensing Act 2003 in respect of the above Premises.

The Committee has considered the committee papers and the submissions made by all of the parties, both orally and in writing.

In reaching its determination, the Committee has had regard to the relevant legislation, the Secretary of State’s Guidance (“Guidance”) and The Authority’s Statement of Licensing Policy (“SLP”).

In summary, the Committee has determined, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives:-

1.    To grant permission for the sale by retail of alcohol on the Premises:-

Monday to Sunday                  from 08:00 to 23:00

2.    To grant permission for the sale by retail of alcohol off the Premises:- 

        Monday to Sunday                    from 08:00 to 23:00

3.  To grant permission for the opening hours of the Premises to be:-

        Monday to Sunday                    from 08:00 to 23:30          

4.  The licence is subject to the following conditions proposed by the Applicant (some of which were amended by the Committee with the Applicant’s agreement), namely:-

4.1   There shall be CCTV in operation at the Premises and;

1. A member of staff who has been nominated in writing and who is conversant with the operation of the CCTV system shall be on the Premises at all times when the Premises are open to the public.
2. If the Premises are not open, and subject to the tests set out by virtue of the Data Protection Act, within 24 hours of a request for access to the CCTV system from either the police or licensing authority, this staff member must be able to show a Police, HMRC or authorised council officer recent data or footage with the absolute minimum of delay when requested.
3. All recordings shall be stored for a minimum period of 31 days with date and time stamping.
4. Recordings shall be made available immediately upon the request of a Police or Licensing Officer throughout the preceding 31-day period.
5. The CCTV system shall be maintained according to the current Home Office specification for premises of this type.
6. Should the equipment become faulty the Metropolitan Police will be notified by email and all reasonable efforts made to have any fault rectified within 24 hours.
7. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

4.2      Appropriate signage shall be displayed in a prominent position informing customers they are being recorded on CCTV.

4.3      Consumption of alcohol on the Premises shall cease, and the Premises shall close to patrons  ...  view the full decision text for item 1.