Agenda and draft minutes

Licensing Sub-Committee (5) - Tuesday 4th April, 2017 10.00 am

Venue: Rooms 1A, 1B & 1C - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

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:

There were no declarations of interest.

3.

15th & 16th Floor, 20 Eastbourne Terrace, W2 pdf icon PDF 473 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Hyde Park Ward / not in cumulative impact area

15th & 16th Floor, 20 Eastbourne Terrace, W2

New Premises Licence

17/00627/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 4th April 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

 

15th & 16th Floor, 20 Eastbourne Terrace, W2

17/00627/LIPN

 

 

Granted under delegated powers prior to the hearing.

 

 

4.

Five Guys, Unit 1, Ground Floor, Trocadero, 13 Coventry Street, W1 pdf icon PDF 753 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward / West End Cumulative Impact Area

Five Guys, Unit 1, Ground Floor, Trocadero, 13 Coventry Street, W1

New Premises Licence

17/01024/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 4th April 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Licensing Authority, Environmental Health and Metropolitan Police.

 

Present:  Ms Julia Palmer (Solicitor, representing the Applicant), Ms Sally Thomas (Environmental Health), PC Bryan Lewis (Metropolitan Police) and Mr David Sycamore (Licensing Authority).

 

Five Guys, Unit 1, Ground Floor, Trocadero, 13 Coventry Street, W1

17/01024/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Thursday 23:00 to 23:30

Friday and Saturday 23:00 to 00:00.

 

 

Amendments to application advised at hearing:

 

 

The application was originally for late night refreshment (indoors and outdoors).  However, this was amended to indoors only prior to the hearing.

 

 

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

 

 

The Sub-Committee heard from Ms Palmer, representing the Applicant.  She addressed Members on the reasons as to why she believed the application should be granted in the West End Cumulative Impact Area.  These included the nature of the proposed conditions, the fact that there were three other existing Five Guys sites in the West End Cumulative Impact Area, that it was proposed that there would be a small variety of beers sold and alcohol sales are only responsible for 1.1% of turnover across the Five Guys establishments.  It was also not a very residential area.  Ms Palmer expressed the view that the premises at Trocadero would have a positive benefit to the Cumulative Impact Area.  She referred to the locality having a number of fast food outlets.  However, Five Guys whilst a fast food outlet had a focus on fresh food and the premises at Trocadero would be large, open and spacious.  There would be fixed seats, a capacity had been agreed and there would be no vertical drinking.  The premises would be brightly lit in the evening, it would be monitored by staff and it would keep people who were attracted to fast food off the street.  Takeaway and off sales were not being applied for.

 

In response to a question from the Sub-Committee, Ms Palmer confirmed that there was no waiter or waitress service at the Five Guys establishments.  There was also no bar and alcohol was not displayed, being served from behind a counter.  A Challenge 25 condition was being proposed.  She stated that the primary concern in the Council’s Statement of Licensing Policy about fast food was about what happened outside the premises.  There was a large capacity for eating inside at the premises.  Customers were likely to leave more quietly.

 

In respect of the conditions, Ms Palmer referred to a proposed condition being agreed with Environmental Health that the premises would operate similarly to a restaurant in that alcohol would be ancillary to substantial table meals and customers would be seated.  She clarified in response to a question from the Sub-Committee that in addition to the condition not being in keeping with the Council’s model restaurant  ...  view the full minutes text for item 4.

5.

New Fook Lam Moon, Basement And Ground Floor, 10 Gerrard Street, W1 pdf icon PDF 1 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward / West End Cumulative Impact Area

New Fook Lam Moon, Basement And Ground Floor, 10 Gerrard Street, W1

Variation of a Premises Licence

17/01070/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 4th April 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

 

New Fook Lam Moon, Basement And Ground Floor, 10 Gerrard Street, W1

17/01070/LIPV

 

 

Granted under delegated powers prior to the hearing.

 

 

6.

Jewel Of London - Passenger Vessel, Millbank Millennium Pier, Millbank, SW1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Vincent Square Ward / not in cumulative impact area

Jewel Of London - Passenger Vessel, Millbank Millennium Pier, Millbank, SW1

New Premises Licence

17/00773/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 4th April 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Metropolitan Police.

 

Present:  Mr Gareth Hughes (Solicitor, representing the Applicant), Mr Robert Cairns and Mr John Williams (Directors, Applicant Company) and PC Bryan Lewis (Metropolitan Police).

 

Jewel Of London – Passenger Vessel, Millbank Millennium Pier, Millbank, SW1

17/00773/LIPN

 

1.

Live Music (Indoors & Outdoors)

 

 

Monday to Sunday 07:00 to 01:00.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The application had been adjourned at the initial hearing for the two passenger vessels on 23 March 2017.  This had been in order to obtain further information on an incident when the Jewel Of London had entered a Police cordon area which was established on the River Thames from Vauxhall Bridge to Charing Cross Bridge following the Westminster terrorist attack on 22 March 2017.

 

It was agreed by all parties at the beginning of the rescheduled hearing on 4 April 2017 that the two applications submitted by the Applicant Company, London Party Boats Ltd, for the passenger vessels Jewel of London and Pearl Of London would be heard together.  The Sub-Committee would consider the specific applications separately on their own individual merits.

 

The Sub-Committee heard from Mr Hughes, representing the Applicant. Mr Hughes advised the Sub-Committee that the terminal hour for late night refreshment for the two passenger vessels was amended to 01:00 in line with the other licensable activities applied for.  The Jewel Of London was currently operating on the Thames as a result of 12 temporary event notices since January 2017.  The Pearl Of London was currently located in a dry dock.  It was intended to bring the Pearl Of London into operation in late spring.  Mr Cairns who is the owner, director and captain of the Jewel Of London and Pearl Of London, also has a third boat, the Belle Of London, which already is in possession of a premises licence from Westminster Council.

 

Mr Hughes informed the Sub-Committee that Mr Cairns had operated on the Thames with Belle Of London and Jewel Of London for the last fourteen years.  He had been permitted licensable activities by Southwark Council throughout this period but following a serious incident that had occurred on the Jewel Of London on 14 January 2017, the Police had sought a review of the premises licence at Southwark.  It transpired that Southwark had originally issued a licence to Mr Cairns for an area that was outside of their borough (it was actually in Lambeth).  Southwark then decided to void the licence.  This had left the Applicant without any operating provision on the Thames.  Mr Hughes stated that Mr Cairns’ mooring had always been at Millbank and he had subsequently decided to apply to Westminster in January.   

 

Mr Hughes drew Members’ attention to Mr Cairns’ experience.  He had been  ...  view the full minutes text for item 6.

7.

Pearl Of London - Passenger Vessel, Millbank Millennium Pier, Millbank, SW1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

Vincent Square Ward / not in cumulative impact area

Pearl Of London - Passenger Vessel, Millbank Millennium Pier, Millbank, SW1

New Premises Licence

17/00570/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 4th April 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Metropolitan Police.

 

Present:  Mr Gareth Hughes (Solicitor, representing the Applicant), Mr Robert Cairns and Mr John Williams (Directors, Applicant Company) and PC Bryan Lewis (Metropolitan Police).

 

Pearl Of London – Passenger Vessel, Millbank Millennium Pier, Millbank, SW1

17/00570/LIPN

 

1.

Live Music (Indoors & Outdoors)

 

 

Monday to Sunday 07:00 to 01:00.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The application had been adjourned at the initial hearing for the two passenger vessels on 23 March 2017.  This had been in order to obtain further information on an incident when the Jewel Of London had entered a Police cordon area which was established on the River Thames from Vauxhall Bridge to Charing Cross Bridge following the Westminster terrorist attack on 22 March 2017.

 

It was agreed by all parties at the beginning of the rescheduled hearing on 4 April 2017 that the two applications submitted by the Applicant Company, London Party Boats Ltd, for the passenger vessels Jewel of London and Pearl Of London would be heard together.  The Sub-Committee would consider the specific applications separately on their own individual merits.

 

The Sub-Committee heard from Mr Hughes, representing the Applicant. Mr Hughes advised the Sub-Committee that the terminal hour for late night refreshment for the two passenger vessels was amended to 01:00 in line with the other licensable activities applied for.  The Jewel Of London was currently operating on the Thames as a result of 12 temporary event notices since January 2017.  The Pearl Of London was currently located in a dry dock.  It was intended to bring the Pearl Of London into operation in late spring.  Mr Cairns who is the owner, director and captain of the Jewel Of London and Pearl Of London, also has a third boat, the Belle Of London, which already is in possession of a premises licence from Westminster Council.

 

Mr Hughes informed the Sub-Committee that Mr Cairns had operated on the Thames with Belle Of London and Jewel Of London for the last fourteen years.  He had been permitted licensable activities by Southwark Council throughout this period but following a serious incident that had occurred on the Jewel Of London on 14 January 2017, the Police had sought a review of the premises licence at Southwark.  It transpired that Southwark had originally issued a licence to Mr Cairns for an area that was outside of their borough (it was actually in Lambeth).  Southwark then decided to void the licence.  This had left the Applicant without any operating provision on the Thames.  Mr Hughes stated that Mr Cairns’ mooring had always been at Millbank and he had subsequently decided to apply to Westminster in January.   

 

Mr Hughes drew Members’ attention to Mr Cairns’ experience.  He had been  ...  view the full minutes text for item 7.