Agenda and minutes

Basement and Ground Floor, 125-127 Westbourne Park Road, W2

17/12417/LIPN

1.

Regulated Entertainment – Playing of recorded music (indoors)

Amendments to application advised at hearing:

The proposed terminal hour for regulated entertainment in the Basement (Number 127) was 23:30 Monday to Saturday and 23:00 Sunday.  Core Hours was proposed for regulated entertainment on the Ground Floor of Numbers 125 and 127 (23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday).

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

The Sub-Committee heard from Mr Browning, representing the Applicant.  He stated that this was an application for a new premises licence to replace a licence which previously lapsed in June 2017 (09/10275/LIPD).  He explained that he and his client had looked to engage with all the parties who had submitted representations in respect of the application and as a result the Applicant had made some changes to the application.  These included some amendments to the proposed hours of operation.

Mr Browning believed that a key reason for the concerns of objectors was that a previous operation at the premises had caused nuisance to local residents.  Mr Browning indicated that the operating of the premises would be very different now.  Mr Gorst was also the owner of The Oak Pub at 137 Westbourne Park Road. 

The Applicant was proposing that Number 125 would operate as a bar on the Ground Floor and a back of house operation in the Basement.  Number 127 would operate as a restaurant on the Ground Floor with a private dining area in the Basement.

Mr Browning sought to explain the proposed amended hours for the premises.  He confirmed there would be no private entertainment which was on the lapsed licence.  The amended hours were set out during the hearing and were as follows.  The proposed terminal hour for regulated entertainment in the Basement (Number 127) was 23:30 Monday to Saturday and 23:00 Sunday.  Core Hours was proposed for regulated entertainment on the Ground Floors of 125 and 127 (23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday).  Late night refreshment in the Basement of 127 was sought until 23:30 Monday to Saturday.  Late night refreshment on the Ground Floor of 125 and 127 was sought to Core Hours.  The proposed hours for the sale of alcohol in the Basement of 127 was until 23:00 Monday to  ...  view the full minutes text for item 3.

Z Hotels, First Floor, 52-53 Poland Street, W1

17/13722/LIPN

Application Granted under Delegated Authority as all representations had been withdrawn prior to the hearing.

Swingers, 15 John Prince’s Street, W1

To consider granting authority to settle an appeal arising from the Licensing Sub-Committee decision of 21 September 2017.

RESOLVED: That under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the public be excluded from the meeting for the following item of business on the grounds that the public interest in the hearing taking place in private outweighs the public interest in that part of the meeting taking place in public.

Decision:

The premises concerned intended to operate as an indoor golf facility with ancillary bars and food outlets at 15 John Prince’s Street. By application received on 25 July 2017, Swingers 2 Limited applied for a new premises licence to provide licensable activities at the Premises.

The Licensing Sub-Committee considered the application on 21 September 2017 and it was confirmed by the Applicant’s representative (Mr Gerald Gouriet QC) that the application had been amended so that the proposed hours for licensable activities were reduced to be in line with the Council’s Core Hours, namely a terminal hour of 23:30 Monday to Thursday, midnight on Friday and Saturday and 22:30 on Sunday.

The Police had suggested amendments to two of the Applicant’s proposed conditions, as well as additional conditions, one of which was that polycarbonate vessels are used at the Premises. It was submitted by PC Guerra during the course of the hearing that this condition was sought as the Police considered that there was a potential risk if glassware was used rather than polycarbonate vessels. He specifically stated that there was the possibility of groups on the two mini courses coming into conflict and these groups would be walking around the courses with glasses in their hands. Any injuries would be much less severe if there was conflict and polycarbonate vessels were used rather than glassware.

Mr Gouriet asked that the Police’s proposed condition not be attached to the premises licence on the basis that the clientele was not likely to be involved in fighting and there was a stigma involved in providing polycarbonate vessels.

The Sub-Committee allowed the amended application, subject to conditions which included a condition requiring polycarbonate vessels to be used at the Premises rather than glassware. Members did not take the view that there were likely to be regular problems caused by the clientele of the premises but were nevertheless of the opinion that the potential for injuries would be reduced if glassware was not used. The Sub-Committee did not accept that there would be a stigma created by not using glassware. Customers’ safety was the main priority.

Condition 40 imposed by the Sub-Committee was as follows:

a) All drinking vessels used in the venue shall be polycarbonate. All drinks in glass bottles are to be decanted into polycarbonate containers or polycarbonate carafes prior to  ...  view the full minutes text for item 5.