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Agenda and minutes

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Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the membership.

2.

Declarations of Interest

To receive declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

Minutes:

In respect of application 1 on the agenda, Sophie’s in Great Windmill Street, during the hearing Mr Thomas referred to the Applicant’s previous premises in Wellington Street and the current premises in Fulham Road.  Councillor Caplan declared that he had dined in the Wellington premises in the last twelve months.  This did not in any way affect his ability to consider the current application impartially.

3.

Sophie's, 42-44 Great Windmill Street, W1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward /

West End Cumulative Impact Area

Sophie’s, 42-44 Great Windmill Street, W1

New Premises Licence

17/06235/LIPN

 

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health, Metropolitan Police, the Licensing Authority, 5 local residents, an amenity society and one local Councillor.

 

Present:  Mr Alun Thomas (Solicitor, representing the Applicant), Mr Rupert Power (Director and Co-owner, Applicant Company), Mr Ian Watson (Environmental Health), PC Bryan Lewis (Metropolitan Police), Mr David Sycamore (Licensing Authority), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Ms Anna Moscato, Ms Katarzyna Bera and Mr Piotr Cybulak), Mr Piotr Cybulak, Ms Katarzyna Bera and Mrs Jane Doyle (local residents) and Mr Slawomir Kosmider (representing Ms Katarzyna Bogatek, local resident).

 

Declaration: During the hearing Mr Thomas referred to the Applicant’s previous premises in Wellington Street and the current premises in Fulham Road.  Councillor Caplan declared that he had dined in the Wellington premises in the last twelve months.  This did not in any way affect his ability to consider the current application impartially.

 

Sophie’s, 42-44 Great Windmill Street, W1

17/06235/LIPN

 

1.

Regulated Entertainment (Indoors) - Live Music, Recorded Music, Performances of Dance, Anything of a similar description, Recorded Music, Performances of Dance – BASEMENT

 

 

Monday to Saturday 10:00 to 02:00

Sunday 12:00 to 23:30

 

Seasonal Variations / Non-standard Timings

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

02:00 (the following day) on Sundays immediately before Bank Holiday Mondays.

 

An additional hour when British Summertime commences.

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr Thomas, representing the Applicant.  He explained that there was an existing premises licence for 42-44 Great Windmill Street which permitted the sale of alcohol for consumption on the premises and music and dancing until 01:00 and late night refreshment until 01:30 on Monday to Saturday.  There was a capacity of 975 people (Ground Floor 325 and Basement 650).  The Applicant was now offering, as part of the application, for there to be a capacity of 400 people on both floors, which was an overall reduction in numbers of 175 people.  Mr Thomas added that if the Sub-Committee was minded to grant, there would be a further reduction in the basement after 01:30 (the closing time on the existing premises licence) to 325 people.  The Applicant was seeking an additional hour in terms of licensable activities and the opening hours to the public in the basement.  It was Mr Thomas’ case that the application, with the additional hour applied for in the basement, constituted an exception to policy in the West End Cumulative Impact Area because of the proposed reduced capacities.  It was also his case that there would not be a detrimental impact as a result of the additional hour in the basement. 

 

Mr Thomas wished to emphasise that  ...  view the full minutes text for item 3.

4.

Cafe Dylan Dog, 7 Craven Road, W2

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Hyde Park Ward /

not in cumulative impact area

Cafe Dylan Dog, 7 Craven Road, W2

New Premises Licence

17/03167/LIPN

 

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health, 4 local residents and 1 Residents’ Association.

 

Present:  Mr Fatih Gaygusuz (Applicant), Mr Dave Nevitt (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing South East Bayswater Residents’ Association) and Mr John Zamit (South East Bayswater Residents’ Association).

 

Café Dylan Dog, 7 Craven Road, W2

17/03167/LIPN

 

1.

Sale by retail of alcohol (On)

 

 

Monday to Sunday 10:00 to 23:00

 

 

 

Amendments to application advised at hearing:

 

 

Mr Gaygusuz, the Applicant, amended the application so that on-sales on Sundays would be in keeping with the Council’s Core Hours policy (midday to 22:30).

 

 

 

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

 

 

The Sub-Committee granted the application, subject to conditions as set out below.

 

Members of the Sub-Committee in granting the application took into account that the Applicant had agreed a number of measures with the parties who had submitted objections to the application which resulted in the application promoting the licensing objectives.  These included Mr Gaygusuz amending the proposed hours on Sunday from 12:00 to 22:30 so that they were within the Council’s Core Hours policy.  He was also content to agree conditions with Environmental Health and the Police including that alcohol would be ancillary to table meals at the café.  The Police had withdrawn their representation and Mr Nevitt advised that he had only maintained his representation in order to be able to assist the Sub-Committee should residents raise any concerns.  When asked by the Sub-Committee, Mr Gaygusuz stated that he was content for alcohol to be ancillary to substantial table meals.

 

Mr Gaygusuz had agreed to the South East Bayswater Residents’ Association’s request for restrictions on the delivery hours and that there should be no draft beer sold at the premises.  These conditions along with the application being entirely within Core Hours addressed Mr Zamit’s concerns. The Sub-Committee also noted the concerns expressed by the local residents, all of whom lived in Conduit Mews, but felt that the comments expressed generic concerns about the area (all of which were understandable). It was not considered that the granting of this application would add to the problems that they were experiencing simply because it would authorise the sale of alcohol. If the premises did cause any problems there was always the potential to review the licence. 

 

In response to a question from the Sub-Committee, Mr Gaygusuz clarified that there would be no alcohol sold in the external area.

 

2.

Hours premises are open to the public

 

 

Monday to Sunday 08:00 to 23:00

 

 

 

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.

 

 

 

 

 

 

 

 

 

Conditions attached to the Licence

Mandatory Conditions

 

1.            No supply of alcohol may be made  ...  view the full minutes text for item 4.

5.

CHICK'N, 134 Baker Street, W1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Marylebone High Street Ward /

not in cumulative impact area

CHICK'N, 134 Baker Street, W1

New Premises Licence

17/06233/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health, Metropolitan Police and 1 local resident.

 

Present:  Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Paul Lester (Applicant Company). Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police)

 

CHICK’N, 134 Baker Street, W1

17/06233/LIPN

 

1.

Late Night Refreshment (Indoors and Outdoors)

 

 

Monday to Sunday 23:00 to 23:30

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

Mr Lester, in response to a question from the Sub-Committee, clarified that it was now intended to open the premises at 07:00 rather than 06:00 in order to serve breakfasts.

 

Mr Spiegler, representing the Applicant, advised that all of the conditions proposed by Environmental Health had been agreed by his client.  The Applicant had also put forward the condition that alcohol would be ancillary to a table meal.  He was requesting that aspects of the Council’s model restaurant condition, MC66, were not applied to the premises licence because they were not in keeping with the style of premises envisaged and it would have a serious impact on the business operation.  It was not intended, for instance, that there would be waiter or waitress service.  Mr Spiegler placed emphasis on the establishment not being located in one of the Council’s designated cumulative impact areas.

 

Mr Spiegler also requested that the Police’s proposed condition that there would be no further entry to customers after 23:30 and all customers would be off the premises by midnight was not attached to the premises licence.  It was his understanding that the Police was content with the conditions proposed by Environmental Health but had also requested this additional condition.

 

Mr Spiegler stated that the hours applied for were broadly consistent with the Council’s Core Hours policy although there was an additional hour applied for on Sundays beyond Core Hours.  He referred to there being no objections specifically on the hours applied for, including on Sundays.  He also sought to address the matters raised by the local resident, Mr Spruzen, in his objection to the application. The Applicant had proposed Model Condition 42 which put an onus on the operator to ‘remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business’.  Mr Lester had also written to Mr Spruzen about the state of the art extract system being used which would prevent food odours emanating from the premises.  The Applicant had offered Model Condition 87 that ‘no fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living  ...  view the full minutes text for item 5.

6.

Burger & Lobster, Basement And Ground Floor, 6 Little Portland Street, W1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward /

not in cumulative impact area

Burger & Lobster, Basement And Ground Floor, 6 Little Portland Street, W1

Variation of a Premises Licence

17/05448/LIPV

 

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      1 local resident and 1 residents’ association.

 

Present:  Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Mr Stuart Matthew (Applicant Company), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Yoram Blumann and Fitzrovia Neighbourhood Association) and Mr Yoram Blumann (local resident)

 

Burger & Lobster, Basement And Ground Floor, 6 Little Portland Street, W1

17/05448/LIPV

 

1.

Conditions being varied, added or removed

 

 

From

 

Condition 17 – The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 110.

To

 

The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 110 persons, with no more than 25 persons within the hatched bar area.

 

Condition 29 – Notwithstanding conditions 11 and 12 alcohol may be supplied and consumed in the area hatched black by customers who are waiting to dine or who have dined.

 

After 19:00 alcohol may only be supplied and consumed in the area hatched black by customers who are waiting to dine or who have dined.

 

 

 

 

Amendments to application advised at hearing:

 

 

See below.

 

 

 

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

 

 

The Sub-Committee granted the application, subject to conditions as set out below.

 

The original application was to allow the hatched area of the premises to be drink led up to 19.00 hours but for not more than 25 persons at any one time. Members of the Sub-Committee noted that there had been agreement between Mr O’Maoileoin, representing the Applicant and Mr Blumann, local resident.  This had followed an e-mail being sent by Mr Brown, who was representing Mr Blumann and the Fitzrovia Neighbourhood Association, earlier in the week and discussions taking place between the parties on the morning of the hearing.  As requested by Mr Blumann, Mr O’Maoileoin was offering to reduce the maximum number within the hatched bar area from 25 customers (in the proposed amendment to condition 17) to 20. 

 

Mr Blumann had also had concerns about vertical drinking in the hatched bar area at weekends when the street and surrounding area was less busy than during weekdays.  Mr O’Maoileoin offered that there would be no use of the bar on Sundays and that on Saturdays the supply of alcohol to customers would be by waiter or waitress service only to customers who are seated.  Mr Brown and Mr Blumann confirmed that this was acceptable to them.  The aspect of the Applicant’s proposed amendment to condition 29 would remain that ‘after 19:00 alcohol may only be supplied and consumed in the area hatched black by customers who are waiting to dine or who have dined’.

 

The Applicant had also agreed with Mr Blumann and Mr Brown that two of the Council’s model conditions would  ...  view the full minutes text for item 6.

7.

Basement, 86 Queensway, W2 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

Lancaster Gate Ward /

not in cumulative impact area

Basement, 86 Queensway, W2

Temporary Event Notice

17/07842/LITENP

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health and Metropolitan Police.

 

Present:  Mr Adam Gonna (Premises User and Event Manager), Mr Damian Gayle (Site Manager), Mr Wayne Thomas (Safety Officer and employee of Security Firm being used by Premises User), Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police).

 

Basement, 86 Queensway, W2

17/07842/LITENN (Temporary Event Notice)

 

 

Proposal: The sale by retail of alcohol (on and off)

 

Event Period:      10:30 on 27th August to 20:00 on 28th August 2017

 

Decision:

 

The Premises User, Mr Gonna, had submitted a Temporary Event Notice for sale by retail of alcohol from 10:30 on 27 August until 20:00 on 28 August.  Mr Gonna advised during the hearing that he was willing to address Environmental Health’s and the Police’s concerns regarding the proposed hours for the sale of alcohol.  The hours would now be 10:30 to 19:00 on 27th August and 28th August.  This would mean, as requested by the Responsible Authorities, that the licensable activity would cease at the same time as the closing time of 19:00 for the Carnival across the Bank Holiday weekend.  Mr Gonna also informed the Sub-Committee that only off sales would be provided.  The original TEN had been for both on and off sales. 

 

The Premises User had provided the documentation requested by Environmental Health and the Police, including the event management plan.  Mr Gonna gave assurances that trading would take place on the private forecourt of the property (the frontage), there would be a maximum of 20 customers in front of the bar at any one time and that there would be at least two security staff on duty at any one time during trading hours. 

 

The Sub-Committee does not have the power to amend the hours stated on TENs under the legislation.  Modification is potentially possible if all the parties agree to it, including the Premises User, but that agreement has to be achieved before the hearing when the agreement then results in all objections being withdrawn. It was therefore agreed that the Premises User would withdraw the current TEN and submit a new TEN that would accurately reflect the agreement reached with the Police and Environmental Health.  Mrs Fabbricatore and PC Lewis advised the Sub-Committee they would not object to the new TEN when it was due to be submitted the following day.

 

8.

40 Leamington Road Villas, W11 pdf icon PDF 7 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

Westbourne Ward /

not in cumulative impact area

40 Leamington Road Villas, W11

Temporary Event Notice

17/07975/LITENN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health and Metropolitan Police.

 

Present:  Mrs Mabel Akabah (Premises User) and Ms AngellaAkabah (Daughter of Mrs Mabel Akabah), Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police).

 

40 Leamington Road Villas, W11

17/07975/LITENN (Temporary Event Notice)

 

 

Proposal: The sale by retail of alcohol (off)

 

Event Period:      12:00 on 27th August 2017 to 19:00 on 28th August 2017.

 

Times of Licensable Activities:    12:00 to 19:00 on 27th August 2017 and 12:00     to 19:00 on 28th August 2017

 

Decision:

 

The Sub-Committee permitted the proposal for off-sales to be sold from a table in front of the property to proceed, noting that Environmental Health’s and the Police’s concerns had been addressed as the necessary documentation, including the Event Management Plan, had been provided by the Premises User, Mrs Akabah, with the Temporary Event Notice when it had been submitted.  It was confirmed by the Responsible Authorities that they did not object to the proposed hours as they were in keeping with the closing time of 19:00 for the Carnival across the Bank Holiday weekend. 

 

The Sub-Committee also noted, in allowing the off sales, that the Premises User and her family had sold alcohol at the premises over a number of years during the Notting Hill Carnival without any reported problems.

   

 

9.

Unit B, 118 Westbourne Grove, W11 pdf icon PDF 7 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

7.

Bayswater Ward /

not in cumulative impact area

Unit B, 118 Westbourne Grove, W11

Temporary Event Notice

17/08504/LITENN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health and Metropolitan Police.

 

Present:  Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police).

 

Unit B, 118 Westbourne Grove, W11

17/08504/LITENN (Temporary Event Notice)

 

 

Proposal: The sale by retail of alcohol (off)

 

Event Period:      10:00 on 27th August to 21:00 on 28th August 2017

 

Decision:

 

The Sub-Committee determined that the Licensing Authority would issue a counter notice to the Premises User, in accordance with Section 105 of the Licensing Act 2003.

 

The Sub-Committee had received a report which indicated that the Premises User had been notified of Environmental Health’s and the Metropolitan Police’s objections to the Temporary Event Notice.  Whilst Mr Zainudini, the Premises User, had provided some information about the event such as advising Mrs Fabbricatore that he would be selling alcohol for consumption off the premises from an area of private forecourt in front of his café, he had not addressed a number of the Responsible Authorities’ concerns.  They had therefore maintained their objections to the Temporary Event Notice (‘TEN’).  The objections included not providing an Event Management Plan which had been requested by Environmental Health and the Police and continuing to seek a terminal hour for off-sales of 21:00 on Sunday 27 August and Monday 28 August 2017. 

 

Mrs Fabbricatore and PC Lewis explained to the Sub-Committee that they were making strong representations to all those who submitted TENs that they provide an Event Management Plan and also that they comply with licensable activities ceasing at the same time as the closing time of 19:00 for the Carnival across the Bank Holiday weekend. 

 

The Sub-Committee noted that the Premises User had applied for and operated Temporary Event Notices at the premises during Notting Hill Carnival in previous years.  However, the Premises User had not been forthcoming in responding to the security and public safety concerns of the Responsible Authorities.  There was evidence in the report that Mr Zainudini had made a decision not to attend the Licensing Sub-Committee hearing and he chose not to represent himself or be represented at the hearing despite the concerns about the TEN.  The Licensing Service informed the Sub-Committee that he had been advised of the hearing on Friday 4 August.  The Sub-Committee considered that a hearing would have been a good opportunity for Mr Zainudini to fully appreciate the level of concerns and assess these concerns accordingly.

 

The Sub-Committee decided in determining that the Licensing Authority would issue a counter notice that it was necessary for Mr Zainudini to provide the correct documentation including the Event Management Plan and that in the event that the documentation was satisfactory to the Responsible Authorities, he then reduced the terminal hour for licensable activities to 19:00 on both 27 and 28 August 2017.  It was also noted that the  ...  view the full minutes text for item 9.

10.

St Johns Church, Kilburn Lane, W10 - 17/07192/LITENP pdf icon PDF 9 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

8.

Queen’s Park Ward /

not in cumulative impact area

St Johns Church, Kilburn Lane, W10

Temporary Event Notice

17/07192/LITENP

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health and Metropolitan Police.

 

Present:  Ms Laura McBean (Premises User for application 17/07192/LITENP) and Mr Edward Lee (Premises User for application 17/08146/LITENN), Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police).

 

St John’s Church, Kilburn Lane, W10

17/07192/LITENP and 17/08146/LITENN (2 Temporary Event Notices)

 

 

17/07192/LITENP

 

Proposal: The sale by retail of alcohol (on and off)

 

Event Period:      12:00 on 27th August 2017 to 19:00 on 28th August 2017

 

17/08146/LITENN

 

Proposal: Regulated Entertainment

 

Event Period:      12:00 on 27th August 2017 to 19:00 on 28th August 2017

 

Decision:

 

It was confirmed at the hearing that the Premises Users for the two Temporary Event Notices (‘TENs’) had responded to the Responsible Authorities’ concerns.  They had advised Environmental Health and the Police that the proposed hours for the sale of alcohol and regulated entertainment would be from 12:00 to 19:00 on 27th August and 28th August rather than for 31 hours continuously.  This would mean, as requested by the Responsible Authorities, that the licensable activities would cease at the same time as the closing time of 19:00 for the Carnival across the Bank Holiday weekend.  The Premises Users had provided an Event Management Plan and also had agreed undertakings in correspondence with Environmental Health.

 

The Sub-Committee does not have the power to amend the hours stated on TENs under the legislation. Modification is potentially possible if all the parties agree to it, including the premises user, but that agreement has to be achieved before the hearing when the agreement then results in all objections being withdrawn.  Mrs Fabbricatore and PC Lewis confirmed that they were content with the documentation that they received.  It was agreed at the hearing that the two current TENs would be withdrawn and that one TEN for both the sale of alcohol and regulated entertainment would be submitted with the revised hours, event management plan and undertakings.  Mrs Fabbricatore and PC Lewis advised the Sub-Committee they would not object to the new TEN when it was due to be submitted the following day.    

 

 

11.

St Johns Church, Kilburn Lane, W10 - 17/08146/LITENN pdf icon PDF 8 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

9.

Queen’s Park Ward /

not in cumulative impact area

St Johns Church, Kilburn Lane, W10

Temporary Event Notice

17/08146/LITENN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 10th August 2017

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Murad Gassanly and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Persons Objecting:      Environmental Health and Metropolitan Police.

 

Present:  Ms Laura McBean (Premises User for application 17/07192/LITENP) and Mr Edward Lee (Premises User for application 17/08146/LITENN), Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police).

 

St John’s Church, Kilburn Lane, W10

17/07192/LITENP and 17/08146/LITENN (2 Temporary Event Notices)

 

 

17/07192/LITENP

 

Proposal: The sale by retail of alcohol (on and off)

 

Event Period:      12:00 on 27th August 2017 to 19:00 on 28th August 2017

 

17/08146/LITENN

 

Proposal: Regulated Entertainment

 

Event Period:      12:00 on 27th August 2017 to 19:00 on 28th August 2017

 

Decision:

 

It was confirmed at the hearing that the Premises Users for the two Temporary Event Notices (‘TENs’) had responded to the Responsible Authorities’ concerns.  They had advised Environmental Health and the Police that the proposed hours for the sale of alcohol and regulated entertainment would be from 12:00 to 19:00 on 27th August and 28th August rather than for 31 hours continuously.  This would mean, as requested by the Responsible Authorities, that the licensable activities would cease at the same time as the closing time of 19:00 for the Carnival across the Bank Holiday weekend.  The Premises Users had provided an Event Management Plan and also had agreed undertakings in correspondence with Environmental Health.

 

The Sub-Committee does not have the power to amend the hours stated on TENs under the legislation. Modification is potentially possible if all the parties agree to it, including the premises user, but that agreement has to be achieved before the hearing when the agreement then results in all objections being withdrawn.  Mrs Fabbricatore and PC Lewis confirmed that they were content with the documentation that they received.  It was agreed at the hearing that the two current TENs would be withdrawn and that one TEN for both the sale of alcohol and regulated entertainment would be submitted with the revised hours, event management plan and undertakings.  Mrs Fabbricatore and PC Lewis advised the Sub-Committee they would not object to the new TEN when it was due to be submitted the following day.