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Agenda and draft minutes

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR. 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:

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:

2.1       There were no declarations.

3.

Cafe Pushkin, 20 Berkeley Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / not in a cumulative impact area

Cafe Pushkin, 20 Berkeley Street, W1

Variation

17/08117/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 26th October 2017

 

Membership:            Councillor Peter Freeman (Chairman) and Councillor Jan Prendergast.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:   Yolanda Wade

 

Relevant Representations:     Environmental Heath, 1 Ward Councillor, the Mayfair Residents Group [PB1] and 10 local residents.

 

Present:  James Rankin (Barrister, representing the Applicant Company), Mr Thomas O’Maoileoin (Solicitor, representing Applicant Company), Mr Alexander Zaitsev (Company Director, Applicant Company), Mr Anil Drayan (Environmental Health) and Mr Richard Brown (Solicitor, Citizens Advice Bureau, representing Mrs Jaleh Zand, a local resident).

 

Café Pushkin, 20 Berkeley Street, W1

17/08117/LIPV

 

1.

Late night refreshment

 

 

Existing Hours

 

Monday to Wednesday 23:00 to 23:30

Thursday, Friday and Saturday

23:00 to 00:00

Proposed Hours

 

Monday to Saturday 23:00 to 00:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Mr James Rankin (Barrister, representing the Applicant Company) began by stating that the premises already had planning permission granted on 18th September 2017 to provide late night refreshment and sell alcohol until 00:30 Monday to Saturday and this application intended to mirror these hours. He stated that the premises was not in a cumulative impact area and it was to operate as a restaurant. As such, he referred to paragraph 2.5.14 of the Council’s Statement of Licensing Policy that recognised that restaurants remained open for later hours than some other types of premises in order to provide sufficient time for customers to enjoy their dining experience. Furthermore, Mr Rankin asserted that there was no assumption in the Policy to refuse applications from restaurants that sought to provide alcohol up until 01:00, and this application only sought hours up until 00:30. Mr Rankin added that prior to the Licensing Act 2003, the Licensing Act 1964 had also recognised restaurants remaining open to later hours.

 

Mr Rankin advised that the premises was to be a high end Russian restaurant and he stated that it was on course to be rated 2 Michelin stars. The target audience was the over 40s who will be well versed in quality dining and it was anticipated that customers would be paying around £150 per head. Mr Rankin referred to the Dr Phil Hadfield report that had been commissioned by the Council to provide an independent study to consider cumulative impact areas in Westminster. The report had stated that the area the premises was located in was suitable to become a cumulative impact area. However, Mr Rankin stated that the report had highlighted premises that had dancing facilities and DJs and operated as, or like, nightclubs later in the evening as those that were causing public nuisance and not the restaurants that were located in the area. He therefore felt that it was appropriate for this premises to be granted later hours. Notwithstanding the Dr Hadfield report, Mr Rankin emphasised the need to consider the application on its own merits and he stated that the granting of this application would not set a precedent  ...  view the full minutes text for item 3.

4.

Blanca, Ground Floor Front, 37 Duke Street pdf icon PDF 3 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Marylebone High Street Ward / not in a cumulative impact area

Blanca, Ground Floor Front, 37 Duke Street

Variation

17/08201/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 26th October 2017

 

Membership:            Councillor Peter Freeman (Chairman) and Councillor Jan Prendergast.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:   Yolanda Wade

 

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

 

Present:  Mr Craig Baylis (Solicitor, representing the Applicant Company), Mr Wahid Mekhail (Applicant Company), Mr Anil Drayan (Environmental Health and also speaking on behalf of the Licensing Authority) and PC Bryan Lewis (Metropolitan Police).

 

Blanca, Ground Floor Front and Basement, 37 Duke Street, W1U 1LN

17/08201/LIPV

 

1.

Sale by retail of alcohol: On and Off Sales

 

 

Existing Hours

 

Monday to Saturday: 10:00 to 03:00

Sunday: 12:00 to 00:30

Proposed Hours

 

Monday to Saturday: 10:00 to 06:00

Sunday 12:00 to 03:00

 

Amendments to application advised at hearing:

 

 

Commencement of sale of alcohol to be 23:00 Monday to Sunday, along with all other permitted licensable activities.

 

On that basis, the amended hours for the sale of alcohol, the performance of dance, the performance of live music and anything of a similar description to the performance of dance or the performance of live music would be:

 

Monday to Saturday: 23:00 to 06:00 on the following day

Sunday: 23:00 to 03:00 on the following day

 

No changes would be made to the unrestricted hours for recorded music and private entertainment as the applicant did not propose a terminal hour for those activities. [PB1] 

 

The applicant also indicated that it was prepared to reduce the opening time of the premises from 09.00 to 22:00 on Monday to Sunday.

 

The amended opening times for the premises would therefore be:

 

Monday to Saturday: 22:00 to 06:00 on the following day

Sunday: 22:00 to 03:00 on the following day

 

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

 

 

Mr Craig Baylis (Solicitor, representing the Applicant Company) began by stating that the intention of the application was not to change what the premises offered, but to re-format the way things were done. The premises was a nightclub that had a small, young, gay clientele who tended not to arrive until later hours. The premises was permitted licensable activities up until 06:00 on the day following Monday to Saturday and to 03:00 on the day following Sunday, apart from the sale of alcohol which was only permitted up until 03:00 on the day following  Monday to Saturday and 00:30 on the day following Sunday. This had the effect of customers bulk buying alcohol just before the closure of sales that could encourage potential binge drinking and customers were permitted to consume alcohol up until closing time. Mr Baylis stated that therefore the application to extend the hours for sale of alcohol was intended to spread the sale of alcohol throughout the opening times, thus preventing bulk buying and potential binge drinking. Mr Baylis felt that the proposed restaurant model condition would address the licensing objectives in respect of sale of alcohol beyond 03:00. He stated that it should also be taken into  ...  view the full minutes text for item 4.

5.

Basement and Ground Floor, 16 Irving Street, WC2 pdf icon PDF 661 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

Basement and Ground Floor,

16 Irving Street,

WC2

New Premises Licence

17/09529/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 26th October 2017

 

Membership:            Councillor Peter Freeman (Chairman) and Councillor Jan Prendergast

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

 

Basement and Ground Floor, 16 Irving Street, WC2

17/09529/LIPN

 

 

Application granted by delegated authority following withdrawal of all representations prior to the hearing.