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Agenda and draft 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:

1.1       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:

With respect to Item 2 Councillor Caplan declared that he was the Chairman of the Licensing Sub-Committee held on 2 March 2017 which considered a Sexual Entertainment Venue (SEV) application for the same premises.

3.

The Other Palace, 12 Palace Street, SW1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

St James’s Ward / not in a cumulative impact area

The Other Palace, 12 Palace Street, SW1

New Premises Licence

17/08676/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 5th October 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrence

 

Relevant Representations:     Environmental Health, Councillor Tim Mitchell, eight local residents and the Stafford Mansions Residents Association.

 

Present: Ms Sue Dowling (Solicitor, Representing the Applicant), Mr Darren Atkins (Operations Director for the Applicant Company), Ms Danni Powell (General Manager of The Premises), Mr Dave Nevitt (Environmental Health), Cllr Tim Mitchell (Ward Councillor), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing three local residents), Mr Freeman (local resident) and Ms Tina Karatza (representing local resident Ms Marie Morphy).

 

The Other Palace, 12 Palace Street, London, SW1E 5JA

17/08676/LIPN

 

1.

Performance of Love Music, Performance of Dance, Exhibition of a Film, Indoor Sporting Event, Performance of Live Music, Playing of Recorded Music, Performance of a Play, Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance

 

Current Hours

 

Monday to Thursday: 08:00 – 23:30

Friday to Saturday: 08:00 – 00:00

Sunday: 10:00 – 22:30

 

Current Licensable Area

 

Basement 1 & 2 areas, Ground Floor, First Floor

 

Proposed Hours

 

Monday to Thursday: 10:00 – 23:30

Friday to Saturday: 10:00 – 00:00

Sunday: 10:00 – 22:30

 

Proposed Licensable Area

 

Main Auditorium and Cabaret Studio only

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by Entertainment Theatres Limited for a new premises licence in respect of The Other Palace, 12 Palace Street, London, SW1E 5JA.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Police had withdrawn their representation following agreement of conditions with the applicant.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

The Chairman confirmed that all parties had received a substantial number of extra documents from the applicant the day prior to the hearing but could not guarantee that there had been sufficient time available for all parties to consider this information. Ms Dowling, representing the applicant, stated that the information provided collated already existing information and did not contain anything new.

 

Ms Dowling explained how the application contained small amendments to the ground floor area in order to update the licencing plans. This included relocating the box office area so it was nearer the bar so as to help avoid congestion near the main doors. The application also sought to update the conditions which were currently in operation on the existing licence. The current conditions required simplifying as they were considered quite complicated and technical, especially with regards to the hours detailing the licensable hours. It was hoped by updating them it would make the conditions more relevant and enforceable. Concerning regulated entertainment, the application proposed to reduce the hours this could  ...  view the full minutes text for item 3.

4.

The Jermyn Club, 91 Jermyn Street, SW1 pdf icon PDF 6 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / not in a cumulative impact area

The Jermyn Club, 91 Jermyn Street, SW1

Variation

17/08750/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 5th October 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrance

 

Relevant Representations:     Environmental Health, The Licensing Authority, five local residents and the St. James’s Conservation Trust.

 

Present: Mr Philip Kolvin QC (Representing the Applicant), Ms Lana Tricker (Solicitor, on behalf of the applicant), Mr Richard Traviss (Director), Mr Val Kmetz (Operations Manager), Mr Ian Watson (Environmental Health), Mr David Sycamore (Licensing Authority), Mr Gary Grant (Counsel, representing the St John’s Wood Conservation Trust) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing residential objectors).

 

The Jermyn Club, 91 Jermyn Street, London, SW1Y 6JT

17/08750/LIPV

 

1.

Performance of a Play and Films

 

Current

 

None.

 

Proposed

 

Monday to Sunday: 09:00 – 03:30

 

Seasonal Variations/Non-Standard Timings:

 

Current

 

None.

 

Proposed

 

An additional hour when British Summer Time commences.

 

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

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by PLH Bars Limited for a variation of a premises licence in respect of The Jermyn Club, 91 Jermyn Street, London, SW1Y 6JT.

 

The Licensing Officer provided an outline of the application and confirmed that the Police had withdrawn their representation following discussions with the applicant and the agreement of conditions. The Sub-Committee was informed that a local resident had submitted a representation within the required time period but this had not been included in the report before the members. Mr Richard Brown of the Citizens Advice Bureau confirmed that he would address the Sub-Committee and detail the nature of the resident’s objections.

 

Councillor Caplan declared that he was the Chairman of the Licensing Sub-Committee held on 2 March 2017 which considered a Sexual Entertainment Venue (SEV) application for the same premises.

 

Mr Kolvin, representing the applicant, explained that an application for an SEV licence for the premises had been refused in March 2017 and the premises had now been vacant for three years. The applicant was keen to proceed with investing in the premises and had therefore rethought the concept of the venue. It was now planned to change the layout of the premises and create a first class licenced venue comprising of a cocktail bar, a dining space and meeting areas separated by glass partitions. This would all be set in a comfortable environment in the style of a modern members’ club representing a significant upgrade to the current premises. The kitchen had been refurbished and toilets had also been situated in the basement for the first time. To the rear of the basement an acoustic lobby had also been developed to provide further protection to residents of Ormond Yard. In total the cost of the refurbishment was approximately £2 million.

 

Mr Kolvin detailed the main areas of the application. Firstly, it was  ...  view the full minutes text for item 4.

5.

Host Coffee, 31 Henrietta Street, WC2 pdf icon PDF 364 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward /

West End Cumulative Impact Area

Host Coffee, 31 Henrietta Street, WC2

New Premises Licence

17/08902/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 5h October 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrance

 

Relevant Representations:     Environmental Health, The Licensing Authority, the Metropolitan Police and One Local Resident.

 

Present: Mr Max Thomas and Mr Marco Johntruck (Applicants), Mr Anil Drayan (Environmental Health), Mr David Sycamore (Licensing Authority), PC Michael Day (Metropolitan Police) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing one local resident).

 

Host Coffee, 31 Henrietta Street, London, WC2E 8NA (“The Premises”)

17/08902/LIPN

1.

Sale by Retail of Alcohol – On Sales

 

Monday to Wednesday: 12:00 to 20:00

Thursday to Saturday: 12:00 to 21:00

Sunday: 12:00 to 19:00

 

 

Sale by Retail of Alcohol – Off sales

 

Monday to Wednesday: 11:00 to 21:00

Thursday to Saturday: 11:00 to 22:00

Sunday: 11:00 to 19:00

 

 

Amendments to application advised at hearing:

 

During the hearing, Mr Thomas confirmed that all sales of alcohol for consumption on the premises would terminate no later than 20.00 hours, meaning that the sale of alcohol for consumption on the premises would be restricted to 11.00 to 20.00 on Monday to Saturday and 11.00 to 19.00 on Sunday.

 

 

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

 

The Sub-Committee considered an application by Host Coffee London LLP for a new Premises licence in respect of 31 Henrietta Street, London, WC2E 8NA.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the applicant had withdrawn the provision of recorded music from the application as their intention was to only provide background music.

 

The Sub-Committee asked the applicant if imposing a full restaurant condition on the licence would be accepted. Mr Thomas explained that the premises did not operate as a restaurant. It was new style of retail concept which operated primarily as a coffee shop where customers would also be able to buy a selection of coffee beans. It was planned to now extend this offer to other specialised produce which the customer would be able to consume on the premises and if they liked it they could then purchase it to cook/prepare in their own home. The application had been submitted as it was now intended to allow customers to purchase and consume alcoholic drinks with their food. The restaurant condition did not suit the style of operation they were hoping to run. It would require customers to be seated with waiter/waitress service and alcohol to be ancillary to food. This premises was regarded as a retail premises selling products which would be available for consumption by customers who would then be able to purchase these specialised products. Any customers eating at the premises where already shown to their seats by staff and none of the crockery used was disposable. The intention of the premises was to create a calm and amenable retail environment. There would be one large table situated in the  ...  view the full minutes text for item 5.

6.

Rambla, 64 Dean Street, W1 pdf icon PDF 992 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End

Ward /

West End Cumulative Impact Area

Rambla, 64 Dean Street, W1

New Premises Licence

17/08963/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 5th October 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrence

 

Relevant Representations:     The Metropolitan Police and the Licensing Authority.

 

Present: Mr Alun Thomas (Solicitor, Representing the Applicant), PC Michael Day (The Metropolitan Police) and Mr David Sycamore (The Licensing Authority).

 

Rambla, 64 Dean Street, London, W1D 4QQ

17/08963/LIPN

 

1.

Recorded Music - Indoors

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

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.

 

On Sundays immediately prior to Bank Holidays to 00:00.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by Sabrosa Creatividad Holdings Limited for a new premises licence in respect of 64 Dean Street, London, W1D 4QQ.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that Environmental Health (EH) had withdrawn their representation following discussions with the applicant.

 

Mr Thomas, representing the applicant, explained that the restaurant was currently open and operating under Temporary Event Notices (TENs). The restaurant had a sharing concept however all meals could be considered substantial. The applicant operated two other restaurants, both located in Maiden Lane, and these contained ‘drinking up’ hours once alcohol had ceased being served. The application before the Sub-Committee was also requesting that the premises remain open for thirty minutes longer than the terminal hours requested for the sale of alcohol. This was in line with the planning permission granted and would also allow the more gradual dispersal of customers. The capacity of the premises was 40 persons excluding staff.

 

Mr Thomas acknowledged that the premises was located within a Cumulative Impact Area (CIA) however it should be considered policy compliant. The premises would not add to cumulative impact as the Council’s Licensing Policy recognised that restaurants had less of an impact on levels of crime and disorder and could therefore be treated differently to pubs and bars. In terms of the opening hours the sale of alcohol would be in line with the core hours’ policy and because it was a restaurant allowing it to stay open for just an extra thirty minutes would not add to cumulative impact. The hours had been requested due to the nature of the operation; the positive effect they would have on the dispersal of customers and also to help make it financially viable.

 

The Licensing Authority represented by Mr David Sycamore maintained its representation based on policy concerns and the Sub-Committee had to decide whether forty extra people in a CIA would add to cumulative impact.

 

PC Day, representing the Metropolitan Police, informed the Sub-Committee that the conditions proposed by the applicant were considered acceptable. The applicant’s other two premises on Maiden Lane had  ...  view the full minutes text for item 6.