Agenda and draft minutes

Sushi Shop, 72 Westbourne Grove, London, W2 5SH

17/01077/LIPN

1.

Off Sales by Retail of Alcohol

Monday to Sunday: 11:00 to 22:30

Seasonal Variations/Non-Standard Timings:

None.

Amendments to application advised at hearing:

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

The Sub-Committee considered an application by Sushi Shop UK Ltd for a new premises licence in respect of 72 Westbourne Grove, London, W2 5SH.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that no representations had been received from the responsible authorities.

Mr Thomas, representing the applicant, explained that Sushi Shop operated multiple sites across Europe and was the market leader in sushi delivery. It had opened three premises in London and the site at 72 Westbourne Grove had been operating since August 2016. No hot food was sold, there were modest sales of alcohol at the other premises which accounted for less than 10% of all sales and no responsible authorities had submitted representations. To deal with a concern raised over the age verification policy in place for any deliveries involving alcohol it was confirmed that all drivers employed by Sushi Shop were trained accordingly. A Challenge 21 or Challenge 25 condition had also been offered by the applicant and as the sale of alcohol took place at the shop and not the delivery address what the applicant was proposing exceeded the legal requirement.

Mr Thomas highlighted how the premises was located on Westbourne Grove which was a very commercial area and the applicant was aware of concerns regarding deliveries and delivery drivers. The Sub-Committee noted that deliveries could still take place from the premises regardless of alcohol sales. The licensing regime was relevant to the sale of alcohol, however how relevant it was to the licensing objectives in relation to the delivery of alcohol was unclear.

Mr Thomas detailed the hours of operation of the premises and how deliveries would cease at 22:00 hours with the sale of alcohol ancillary to takeaway food. The applicant was aware that the representations received requested the following condition be added to the licence

“the Licence Holder shall use reasonable endeavours to ensure that - (a) delivery drivers do not congregate in the vicinity of the premises, obstruct the highway or cause noise or other nuisance outside the premises. (b) the use of bicycles for deliveries is encouraged”

The applicant was willing to agree  ...  view the full minutes text for item 3.

Heart Magazines, Sixth Floor, 33 Broadwick Street, London, W1F 0DQ

17/00690/LIPN

1.

Late Night Refreshment – Indoors

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

Seasonal Variations/Non-Standard Timings:

None.

Amendments to application advised at hearing:

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

The Sub-Committee considered an application by The National Magazine Company Ltd for a new premises licence in respect of Hearst Magazines, Sixth Floor, 33 Broadwick Street, London, W1F 0DQ.

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

Mr Thomas, representing the applicant company, provided an outline of the proposed operation of the premises. The licenced area would be located on the sixth floor of an office building with a capacity for one hundred people. The building was occupied by Heart Magazines who were the publishers for various well-known magazine brands. The application centred on generating brand recognition and development for the magazines through holding events, most of which did not involve the consumption of alcohol. It was proposed to hold some product launches where guests attending would be provided with an alcoholic drink without charge, and such launches would not require a licence at all. For attendance at certain events the pre-purchasing of a ticket would be required and this would entitle the ticket holder to an alcoholic drink and some food. It was these events which would require a licence and it was confirmed no cash bar would be in operation. The premises would not hold events such as weddings or birthdays as the venue was located in an office building and would be utilised for brand development only.

Ms Edwards, representing the applicant company, explained that each magazine brand held approximately four events per month. Most events were ticketed which would entitle a guest to one glass of wine. It was confirmed that the one initial glass of wine was usually the only alcohol offer available and during the events there would be no other opportunity for its consumption.

In response to a question Mr Hawes, representing the applicant company, confirmed that previous events had been held at external sites. The application had been made as hosting the events internally was considered more cost effective.

Mr Thomas recognised that the premises was located in a Cumulative Impact Area (CIA) and to provide reassurance the application would not add to the cumulative impact in the area a condition would be accepted making the  ...  view the full minutes text for item 4.

Sophisticats, 3-7 Brewer Street, London, W1F 0RD

16/14154/LIPV

1.

Recorded Music

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 Devine Restaurants Ltd for a variation of a premises licence in respect of 3-7 Brewer Street, London, W1F 0RD.

The Chairman confirmed that the applicant had submitted two different applications for the premises, a variation of the premises licence under the Licensing Act 2003 and a variation of the Sexual Entertainment Venue (SEV) premises licence. With the agreement of all the parties present it was decided to hear both applications simultaneously.

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that with regard to the variation of the SEV three of the four residential objectors had waived their right to anonymity.

The Council’s Legal Adviser confirmed to all parties present that the Sub-Committee consisted of three Members of the Majority Party. The Sub-Committee could proceed with the hearing as the political balance requirements in the Local Government and Housing Act 1989 would not apply to any matters referred to the Licensing Sub-Committees. The 1989 Act only applied to any ordinary committee or ordinary sub-committee of the authority. These were defined to include the authority’s social services committee or any other committee of the authority appointed under section 102(1)(a) of the Local Government Act 1972 [Schedule 1, paragraph 4(2) of the 1989 Act]. The Licensing Committee and the Licensing Sub-Committees were all appointed under the Licensing Act 2003.

Ms Le Fevre, representing the applicant company, explained that both applications were very narrow in scope and simply proposed to extend the permitted hours for licensable activities to 03:00 on Sundays and introduce a mirroring provision for when Temporary Event Notices (TENS) were applied for to also allow the relevant entertainment to be extended accordingly without making a separate application. The SEV variation was not an uncommon application and the Police had no objections regarding this.

Ms Le Fevre explained that the application represented  ...  view the full minutes text for item 5.

Sophisticats, 3-7 Brewer Street, London, W1F 0RD

16/14145/LISEVV

1.

Variation of a Sexual Entertainment Venue Premises Licence

The application was to vary the sexual entertainment venue premises licence to:

·         Extend the terminal hour for relevant entertainment on Sunday's until 03:00 the following morning.

and to add the following condition:

·         At times when a Temporary Event Notice under the Licensing Act 2003 is in force extending the permitted hours for the premises, the hours for the provision of relevant entertainment (as defined by the Local Government (Miscellaneous Provisions) Act 1982) will be similarly extended without the need for a separate application in respect of this licence. The licence holder will make clear in writing in the Temporary Event Notice that the effect of the notice will also be to extend the hours for the provision of relevant entertainment.

Amendments to application advised at hearing:

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

The Sub-Committee considered an application by Devine Restaurants Limited to vary the sexual entertainment venue premises licence in respect of 3-7 Brewer Street, London, W1F 0RD.

The Sub-Committee considered an application by Devine Restaurants Ltd for a variation of a sexual entertainment venue premises licence in respect of 3-7 Brewer Street, London, W1F 0RD.

The Chairman confirmed that the applicant had submitted two different applications for the premises, a variation of the premises licence under the Licensing Act 2003 and a variation of the Sexual Entertainment Venue (SEV) premises licence. With the agreement of all the parties present it was decided to hear both applications simultaneously.

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that with regard to the variation of the SEV three of the four residential objectors had waived their right to anonymity.

The Council’s Legal Adviser confirmed to all parties present that the Sub-Committee consisted of three Members of the Majority Party. The Sub-Committee could proceed with the hearing as the political balance requirements in the Local Government and Housing Act 1989 would not apply to any matters referred to the Licensing Sub-Committees. The 1989 Act only applied to any ordinary committee or ordinary sub-committee of the authority. These were defined to include the authority’s social services committee or any other committee of the authority appointed under section 102(1)(a) of the Local Government Act 1972 [Schedule 1, paragraph 4(2) of the 1989 Act]. The Licensing Committee and the Licensing Sub-Committees were  ...  view the full minutes text for item 6.

Basement of 3-5 Wardour Street, 3-5 Wardour Street, London, W1D 6PB

17/00623/LIPN

1.

On Sales by Retail of Alcohol

Monday to Saturday: 12:00 to 23:00

Sunday: 12:00 to 22:30

Seasonal Variations/Non-Standard Timings:

None.

Amendments to application advised at hearing:

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

The Sub-Committee considered an application by Coco Chino Ltd for a new premises licence in respect of Basement of 3-5 Wardour Street, London, W1D 6PB.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Police and Environmental Health had withdrawn their representations following the agreement of conditions with the applicant. No representations from local residents had been received.

Mr Wang, representing the applicant, explained that the application was for a Chinese restaurant with a capacity for sixty persons and would not be alcohol led. Restaurant conditions would be attached to the licence and the application was for hours that were well within the core hours set out in the Council’s policy. The applicant had tried to address concerns raised by the Licensing Authority however their officers had been on leave and subsequently an agreement could not be reached by the time of the hearing.

Mr Sycamore, representing the Licensing Authority, welcomed the addition of restaurant conditions to the licence and supported the conditions agreed with the Police and Environmental Health. However, the premises was located in a Cumulative Impact Area (CIA) and the applicant had to prove its application would not add to the cumulative impact in the area.

In response to a question Mr Wang confirmed that the premises had been vacant for a significant period of time.

The Sub-Committee acknowledged the nature of the premises as a restaurant and the restrictive conditions agreed with the Police and Environmental Health to ensure the premises would not be alcohol led. It was also recognised that the capacity of the premises would be limited to sixty persons. The Sub-Committee therefore considered that due to the nature of the operation and the conditions in place it would not add to cumulative impact in the area and would ensure the licensing objectives were upheld. The Sub-Committee therefore granted the application accordingly and also agreed to remove from the licence a section of condition 15 (f) which referred to scanning equipment as this was not considered appropriate for the licence.

2.

Hours Premises are Open to the Public

Monday to Saturday: 12:00 to 23:00

Sunday: 12:00 to 22:30

Seasonal Variations/Non-Standard Timings:

None.

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in  ...  view the full minutes text for item 8.