Agenda and draft minutes

Tesco Stores, 138-144 Queensway, W2

15/05759/LIPN

1.

Sale by Retail of Alcohol (Off)

Amendments to application advised at hearing:

Mr Bark, representing the Applicant, confirmed during the hearing that the proposed hours for off-sales were amended to core hours.  Core hours for off-sales are:

Monday to Saturday: 08:00 to 23:00

Sundays: 10:00 to 22:30.

Decision (including reasons if different from those set out in report):

Mr Bark, representing the Applicant, confirmed there had previously been a Tesco store at numbers 138-142 Queensway which had the benefit of an off-sales licence until the licence was surrendered in October 2014.   This was an application for a new premises licence to extend the area of the licence to include numbers 138 and 142, but also number 144 Queensway for off sales of alcohol It was noted that the previous licence permitted off sales of alcohol during the core hours of 08:00 to 23:00 hours Monday to Saturday and from 10:00 hours to 22:30 hours on Sundays. Mr Bark confirmed that this new application initially sought to extend the hours of the licence for the supermarket from 06:00 hours until midnight every night of the week.  However, Mr Bark advised during the hearing that following discussions with the parties who had made representations, the proposed hours for off-sales had been amended to core hours.  Mr Bark also advised that, the previous licence had been an old justices’ licence with significantly fewer and less stringent conditions than were proposed for the current licence.  The Sub-Committee was informed by Mr Bark that the intention was to have more produce on the shop floor than was typical of some Tesco stores, presented in a market stall format. 

In addition to discussions having led to the Applicant amending the proposed hours for off sales to core hours, the parties present had reached agreement on the majority of the proposed conditions which should be attached to the licence by the time of the hearing.  Mr Bark explained that the one point of difference between the Applicant and the Police and Environmental Health was the Responsible Authorities were requesting a condition requiring that all alcohol should be kept in locked cabinets whilst the Premises are open to the public and outside the hours permitted for the sale of alcohol.

The two points of difference between the Applicant and the residents’ associations and Councillor Burbridge were that  ...  view the full minutes text for item 3.

Barrafina, 43 Drury Lane, WC2

15/04754/LIPV

1.

On and Off Sales

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

Granted, subject to conditions as set out below.

The Sub-Committee noted that the premises operate as a restaurant on the ground floor and basement floors with an outside area.  This was an application to vary the plans in accordance with the refurbishment of the premises.  Mr Browning, representing the Applicant made the point that a previous operator had under the terms of the existing licence had tables and chairs located on both Drury Lane and Broad Court.  His client was seeking only to use the outside area on Broad Court side which meant a net decrease in the use of the area.  He asserted that a plant area had been removed with the refurbishment of Barrafina and that the external area proposed for tables and chairs was part of the premises. 

A resident had expressed particular concerns regarding the use of the outside area and also the application for off-sales at the premises.  However, Mr Browning stated that his client had informed the resident that a condition had been accepted that the outside area in Broad Court would not be used after 23:00 hours which is in line with the planning consent and also that the only off-sales permitted would be in sealed containers to customers who had already dined in the premises.  The off-sales condition was one of the conditions agreed between the Applicant, Environmental Health and the Police which had also included that alcohol consumed outside the premises building shall only be consumed by patrons seated at external tables. The Sub-Committee noted that following the agreement of their proposed conditions, the two Responsible Authorities had withdrawn their representations.

Ms Titcombe raised the issue that the current plan on page 38 of the report (appendix 2) had dotted lines as the proposed licence area boundary whilst the key showed the boundary as a straight line without dots.  Mr Browning agreed to amend and re-submit the plan to the Licensing Service.

In granting the application, the Sub-Committee considered that the conditions attached to the licence, which had led to the Police and Environmental Health withdrawing their representations, were appropriate and proportionate and promoted the licensing objectives and were in keeping with a restaurant  ...  view the full minutes text for item 4.

The London Edition, 10 Berners Street, W1

Review application - 15/03928/LIREVP

An application submitted by Mr Zafar Khalid for a review of the premises was received on 22^nd May 2015 on the grounds of Prevention of Public Nuisance.

  The premises currently benefits from a premises licence that permits:

Performance of Dance

Monday to Sunday: 09:00 to 01:00 (Subject to conditions 41, 45, 47 & 51)

Non-standard Timings: 24 hours for residents and their bona fide guests

Exhibition of a Film

Monday to Sunday: 09:00 to 01:00 (Subject to conditions 41, 45, 47 & 51)

Non-standard Timings: 24 hours for residents and their bona fide guests

Performance of Live Music

Monday to Sunday: 09:00 to 01:00 (Subject to conditions 41, 45, 47 & 51)

Non-standard Timings: 24 hours for residents and their bona fide guests

Playing of Recorded Music

Monday to Sunday: 09:00 to 01:00 (Subject to conditions 41, 45, 47 & 51)

Non-standard Timings: 24 hours for residents and their bona fide guests

Anything of a similar description to Live Music, Recorded Music or Performance of Dance

Monday to Sunday: 09:00 to 01:00 (Subject to conditions 41, 45, 47 & 51)

Non-standard Timings: 24 hours for residents and their bona fide guests

Performance of a Play

Monday to Sunday: 09:00 to 01:00 (Subject to conditions 41, 45, 47 & 51)

Non-standard Timings: 24 hours for residents and their bona fide guests

Late Night Refreshment

Monday to Sunday: 23:00 to 01:00 (Subject to conditions 41, 45, 47 & 51)

Non-standard Timings: 23:00 to 05:00 for residents and their bona fide guests

Sale by Retail of Alcohol

Monday to Sunday: 06:00  ...  view the full minutes text for item 5.

The London Edition, 10 Berners Street, W1

Temporary Event Notice - 15/07400/LITENP

Period of Event and proposed Licensable Activities:

01:00 to 03:00 Tuesday 22^nd September 2015

• The sale by retail of alcohol (on and off the premises)
• The provision of regulated entertainment
• The provision of late night refreshment

Decision:

Environmental Health had provided a notice of objection in response to a Temporary Event Notice to hold ‘The Business of Fashion’ event on Tuesday 22 September at The London Edition.  Environmental Health had supported the review application considered earlier by the Sub-Committee.  Environmental Health sought an undertaking from the Premises User in line with two conditions that the Sub-Committee had attached for the review.  These were that (1) patrons would not be able to take drinks outside with them and that (2) smokers would be required to use a smoking shelter within the curtilage of the premises at basement level which complied with regulations and would help to promote the prevention of public nuisance Licensing objective.  The representatives of the hotel agreed to this undertaking.  The Sub-Committee decided having regard to all the facts of this case and the concessions offered by the Applicant that this one-off event, which included dinner, should be permitted to proceed , subject to the application being amended to incorporate the above two additional conditions to promote the licensing objectives.  The Sub-Committee did not consider it was appropriate to issue a Counter Notice.