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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:

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.

Muse Soho, Basement, 23 Frith Street W1 pdf icon PDF 701 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact Area

Muse Soho, Basement, 23 Frith Street W1

Variation

17/08037/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 3rd October 2017

 

Membership:              Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         In support of application – 15 representations.

 

Objecting to application - Environmental Health, Metropolitan Police, Licensing Authority, 1 Amenity Society, 2 local residents.

 

Present:  Ms Lana Tricker (Solicitor, Representing the Applicant), Mr Onkar Rai (Applicant), Ms Tara Sirrell (General Manager), Ms Lucy Parker Ms Christina Novelli and Mr Danila Stepin (in support of application), Mr Anil Drayan (Environmental Health), PC Reaz Guerra (Metropolitan Police), Mr David Sycamore (Licensing Authority), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Soho Society and Mrs Jane Doyle, local resident).

 

Muse Soho, Basement, 23 Frith Street, W1D 4RR (“The Premises”)

17/08037/LIPV

 

1.

Performance of Live Music

 

 

Existing Hours

 

Monday to Thursday 21:00 to 23:30

Friday and Saturday 21:00 to 00:00

Sunday 21:00 to 22:30

Proposed Hours

 

Monday to Saturday 21:00 to 03:30

Sunday 21:00 to 01:00

 

 

Amendments to application advised at hearing:

 

 

Ms Tricker, representing the Applicant, confirmed at the hearing that there were some amendments to the application.  It was proposed that the Premises would no longer operate on Sundays and this part of the application was withdrawn. All regulated entertainment (including Performance of Live Music) which was originally proposed to cease at 03:30 Monday to Saturday was now proposed to end at 03:00.

 

 

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

 

 

The Sub-Committee heard from Ms Tricker, representing the Applicant.  She began by confirming the amendments to the application which had been set out in additional information circulated to the Sub-Committee after the report had been published.  These included that the Premises would no longer operate on Sundays.  All regulated entertainment which was originally proposed to cease at 03:30 Monday to Saturday was now proposed to end at 03:00.  60 seats would now be available in the basement area of the venue rather than 30 at all times of operation.  In addition, the Applicant was also bringing forward the last entry time from 02:30 to 02:00.

 

Ms Tricker stated that there were proposed changes to the conditions on the existing licence as part of the application.  The Applicant also sought to amend the plans which included that the cross hatched area would operate as a restaurant and not the whole Premises as previously.  As clarified by Ms Tricker approximately half of the capacity of 60 would be in the restaurant area of the Premises.   

 

Ms Tricker explained that currently after 01:00 only members were able to attend the Premises and membership was specific to the Lesbian, Gay, Bisexual, Trans and Queer (‘LGBTQ’) community.  This was being brought forward to 00:30. She said that the advantages of the membership scheme were that patrons were known and had gone through an application procedure with at least 48 hours being an application being submitted and subsequently granted.  It was submitted that the membership scheme had  ...  view the full minutes text for item 3.

4.

MRH Dorset House, 170-172 Marylebone Road, NW1 pdf icon PDF 388 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Bryanston and Dorset Square Ward /

not in cumulative impact area

MRH Dorset House, 170-172 Marylebone Road, NW1

New Premises Licence

17/08439/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 3rd October 2017

 

Membership:              Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health, 12 x local residents.

 

Present:  Mr Robert Botkai (Solicitor, Representing the Applicant), Mr Graham Timbers (General Manager – Retail Support, Applicant Company), Mrs Sally Fabbricatore (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Rashmi Rao and Mr Christopher Blin) and Mr Clive Norman (local resident)

 

MRH Dorset House, 170-172 Marylebone Road NW1

17/08439/LIPN (“The Premises”)

 

1.

Sale by retail of alcohol (Off)

 

 

Monday to Saturday:                                          08:00 to 23:00

Sunday:                                                              10:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Sub-Committee was advised by Ms Wade, the Presenting Officer, that the records of the Licensing Service indicated that the previous licence for the premises had been surrendered.  However, this was currently being investigated as an e-mail had recently been received from the previous licence holder who had stated that the site was closed on 30 September 2012.

 

The Sub-Committee heard from Mr Botkai, representing the Applicant.  He said that this was an application for a new Premises licence.  If the licence had not been surrendered, the Applicant Company would be keen for the licence to be transferred to them.  It was the Applicant’s understanding that the Premises licence had lapsed some years ago. 

 

Mr Botkai explained that the previous licence had permitted the sale of alcohol from 08:00 to 23:00 Monday to Saturday and 10:00 to 22:30 on Sundays.  There had been no conditions on the previous Premises licence at all.  The Applicant was seeking to reinstate what had previously taken place at the Premises.  There had been a petrol station at the foot of Dorset House for many years prior to its closure.  The petrol station was one of thirteen with protected status under the Westminster Development Plan.  This meant that there was a policy not to grant any other planning use at this site. 

 

Mr Botkai drew the Sub-Committee’s attention to the list of the Council’s model restaurant conditions which had been proposed in the operating schedule.  A condition had also been proposed that the entrance door to the shop would be locked to customers between the hours of 23:00 and 05:00.  Any sales between these hours would be made through the night pay window.  There were proposed conditions offered to deter street drinkers, including no high strength beer or single cans sold.  Mr Botkai made the point that there would be a very small range of alcohol sold at what would be a relatively small shop.  Following the agreement of conditions between the Applicant and the Police, the latter had withdrawn their representation.

 

Mr Botkai referred to the Council’s policy and in particular that there was no presumption against off licences.  The proposed hours for off sales in the application were within the  ...  view the full minutes text for item 4.

5.

Simmons, 2 Bateman Street, W1 pdf icon PDF 390 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward /

West End Cumulative Impact Area

Simmons, 2 Bateman Street, W1

Variation

17/07004/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 3rd October 2017

 

Membership:              Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health, Metropolitan Police, Licensing Authority and 1 local resident.

 

Present:  Mr Gary Grant (Counsel, Representing the Applicant), Mr Stephen Hodges (General Manager), Mr Oliver Bolardo (Applicant Company), Mr David Gair (Licensing Consultant), Ms Ellie Spencer (Solicitor, on behalf of the Applicant), Mr Dave Nevitt (Environmental Health), PC Toby Janes (Metropolitan Police) and Mr David Sycamore (Licensing Authority).

 

Simmons, 2 Bateman Street, W1

17/07004/LIPV (“The Premises”)

 

1.

Layout alteration

 

 

The Applicant applied to vary the current licence to include the first floor of the building.  It is proposed that the ground floor continues operating as it currently stands, with the first floor to be used for pre-booked groups and for functions (on Wednesdays to Saturdays only).

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

This was an application for a variation of the premises licence.  The Applicant was seeking to include the first floor of the building in the licensable area.  The first floor would be used for pre-booked groups and for functions on Wednesdays to Saturdays.  There would be no change to the operating hours at the Premises.  These were Core Hours (a terminal hour of 23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday)

 

The Applicant was aware that Simmons is located in the West End Cumulative Impact Area.  Mr Grant, representing the Applicant explained that there were exceptional reasons for granting the application which would mitigate against the additional patrons on the first floor adding to cumulative impact.  He stated that there had been an understandable representation from the one local resident who had objected to the application that there were too many people congregating outside later in the evening.  Currently patrons were able to drink outside until 23:00.  It was proposed that in the event the application was granted the outside area would be better managed with patrons brought inside no later than 22:00 and SIA registered doormen supervising the outside area to ensure it remained orderly and controlled.  Mr Grant added that this would be to the benefit of the West End Cumulative Impact Area.    

 

Mr Grant advised that there are 9 Simmons bars in London and they were opening up primarily in cumulative impact areas.  He commented that the bars are well managed and the managers are responsive to any issues which arose.

 

Mr Grant wished to emphasise that the public would not, in the event the application was granted, be able to enter the premises and use the first floor.  It could only be used for pre-booked groups and functions.  Currently, patrons were able to buy alcohol on the ground floor, take it upstairs and consume it on the first floor without the regulatory controls, including up to date conditions that would exist if the  ...  view the full minutes text for item 5.

6.

10 Motcomb Street, SW1 pdf icon PDF 920 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Knightsbridge And Belgravia

Ward /

not in cumulative impact area

10 Motcomb Street, SW1

New Premises Licence

17/08911/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 3rd October 2017

 

Membership:              Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         1 local resident.

 

Present:  Mr Niall McCann (Solicitor, Representing the Applicant) and Mr Adam Quigley (Managing Director, Applicant Company).

 

10 Motcomb Street, SW1X 8LA (“The Premises”)

17/08911/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:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr McCann, representing the Applicant.  He stated at the hearing that the pub, the Alfred Tennyson, had been operating for many years on five floors of the Premises (basement, ground, first, second and third floors).  His client had made an application for a change of layout as part of a refurbishment.  This had specifically involved moving the bar area and the fire escape on the ground floor.  When the variation application had been submitted in July 2017, licensing officers had contacted the Applicant to say there was no record of the floors other than the ground floor being licensed.  The pub had been acquired in 2015 and the Applicant Company had believed that they were permitted to operate on the five floors of the Premises.

 

The Applicant had closed the Premises in July 2017 in order that the refurbishment minus moving the bar and the fire escape could be undertaken.  The Applicant had now applied for a new premises licence which was the matter being considered by the Sub-Committee at the hearing.  This included moving the bar area and the fire escape on the ground floor and being able to operate on the five floors. The Applicant had not withdrawn the variation application and had submitted a number of Temporary Event Notices in order to avoid operational difficulties, including having to take alcohol up from the ground floor when using the other floors.

 

Mr McCann referred to his discussions with Environmental Health and the Metropolitan Police regarding conditions.  These included a proposed capacity condition which had been agreed with Environmental Health for the first, second and third floors of 60 persons, 15 persons and 35 persons respectively.  The Responsible Authorities had subsequently withdrawn their representations. 

 

Mr McCann advised the Sub-Committee that he had attempted to contact the local resident who was objecting to the application but had not received a response.  He stated that there had been no history of complaints received against the Premises and there was no evidence to suggest that the application would not promote the licensing objectives.  There would be benefits from the application as there would be up to date conditions imposed on the licence, if the Sub-Committee were minded to grant the application and there would be a smarter bar on the ground floor.  Mr McCann added that there was no policy presumption against the application as the Alfred Tennyson is located outside  ...  view the full minutes text for item 6.

7.

Studio 88, 47 Whitcomb Street, WC2 pdf icon PDF 3 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

St James’s Ward / West End Cumulative Impact Area

Studio 88, 47 Whitcomb Street, WC2

New Premises Licence

17/08880/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Tuesday 3rd October 2017

 

Membership:              Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

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

 

Present:  Ms Suzanne Davies (Solicitor, Representing the Applicant), Mr Alan Lorrimer (Managing Director and Founder, Applicant Company), Mr Tristan Moffat (Operations Director), Mr Bob Dempsey (Architect), Mr Michael Watson (Licensing Consultant), Mr Dave Nevitt (Environmental Health), PC Reaz Guerra (Metropolitan Police) and Mr David Sycamore (Licensing Authority).

 

Studio 88, 47 Whitcomb Street, WC2 (“The Premises”)

17/08880/LIPN

 

1.

Films (Indoors)

 

 

Monday to Tuesday 10:00 to 01:00

Wednesday 10:00 to 02:00

Thursday to Saturday 10:00 to 03:00

Sunday 12:00 to 22:30.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Ms Davies, representing the Applicant.  She referred to the Premises having a chequered past with the licence of the previous tenant, who had no connection with the current Applicant, having been revoked two years previously (the Premises had previously been known as Press).  Ms Davies advised that the Premises had not operated since then.  The landlord was keen to bring in the right tenant.

 

Ms Davies explained that Mr Lorrimer currently operated an establishment known as The Piano Works in Farringdon.  The Piano Works are located in a cumulative impact area in the London Borough of Islington and Ms Davies said that Mr Lorrimer therefore had experience of meeting the exacting requirements of a cumulative impact area.  The Premises in Farringdon had previously been the subject of two reviews as a result of the actions of former Premises licence holders.  Ms Davies made the point that Mr Lorrimer had turned the Premises round and gained the trust of the authorities.

 

Ms Davies described the concept which was the subject of the current application.  It was intended that Studio 88 would be a live music venue where a number of musicians would come together and play live music based on impromptu requests of the audience.  The Sub-Committee was advised that there would be two grand pianos, a drummer and a guitarist and the performers would not necessarily have played together previously.  The target market was principally female aged 20-35.  Ms Davies stated that the Premises had previously operated as a nightclub and had good acoustic integrity.  She also made the point that the Applicant intended to employ approximately 80 members of staff.

 

Ms Davies addressed the Sub-Committee on the food offer at the Premises.  It was anticipated that in excess of 85% of the people who would come to the venue would pre-book several weeks in advance.  Customers would be invited to take up a booking which was linked to food rather than alcohol.  

 

Ms Davies referred to the testimonials of musicians who praised The Piano Works in Farringdon and letters of support from Amy Lame, Night Czar at the Greater London Authority, the Music Venue Trust and  ...  view the full minutes text for item 7.