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 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of the application was withdrawn.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.
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|
4. |
MRH Dorset House, 170-172 Marylebone Road, NW1 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.
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|
5. |
Simmons, 2 Bateman Street, W1 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.
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6. |
10 Motcomb Street, SW1 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.
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7. |
Studio 88, 47 Whitcomb Street, WC2 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.
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