Agenda and minutes

Sainsbury’s – 78-96 Marsham Street

14/04352/LIPN

1.

Sale of Alcohol: Off Sales

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):

Mr Robert Botkai presented the application on behalf of the applicants. He stated that as the proposed licensable activities and hours fall within the City Council's policy and that the premises are not located within a stress area there was a presumption to grant the application. He further stated that guidance issued by the Secretary of State in October 2010 recommended that this should be in line with the operator’s trading hours.

With reference to the adverse representations received to the application Mr Botkai commented that some of these issues such as concerns about potential increased traffic and the impact of deliveries are more clearly planning matters. In response to questions from the committee he explained that a planning application has been submitted to the Council at the beginning of August and had been validated and was currently subject to public consultation prior to determination. He stated that the licensing application was being determined prior to the planning application simply because the regimes run at different speeds.

Mr Botkai then referred members to the Council's Statement of Licensing Policy and referred to various policies supporting the licensing objectives. He explained that the applicant had agreed to conditions to mitigate problematic street drinking such as not selling high-strength beers and to including Westminster's latest CCTV conditions to prevent crime and disorder. Mr Botkai reminded the committee in respect of the latter that the police had not objected to the application while in relation to the protection of children from harm he stated that Sainsbury's is exceptionally experienced at operating stores and provide staff with training on how to deal with street drinkers and under age sales.

Nicola Moss, Training and Compliance, Sainsbury's provided the Sub-Committee with more detailed information on the training that the organisation provides to all store based staff in this respect. She explained that all members of staff are required to undertake training and must pass a test on such matters including dealing with proxy sales. She advised that Sainsbury's has a Challenge 25 policy  ...  view the full minutes text for item 3.

The Prince Edward Public House, 73 Princes Square, London, W2 4NY

14/04777/LIPV

1.

Plans Variation

To amend the plans to those included at Appendix A3

Amendments to application advised at hearing:

None

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

Mr Day presented the application on behalf of the applicants. The Sub-Committee was referred to the further information that the applicants intended to rely on that had been circulated the day before the hearing. This included the rewording of some of the conditions set out in appendix D to the report.

Mr Day informed Members that The Environmental Health Service had accidentally omitted to make representations on the application, however, he had spoken to the Service which had advised that it would have supported the application subject to conditions being attached to any licence granted.

He explained that the applicants were requesting an additional 15 minutes beyond core hours for opening hours on Friday and Saturday to provide a gradual exodus of customers at the end of the night.

Adverse representations had been received from The South East Bayswater Residents’ Association and 4 local residents particularly in respect of the longer terminal hours which they considered would cause additional public nuisance of noise. Mr Day believed that there had been a leaflet drop in the area asking people to make representations but clearly very few had. The Licensing officer  confirmed that the Council had also sent 206 consultation letters to local residents.

Mr Day referred to the fact that the current licence is relatively free of conditions and that by granting the variation, subject to conditions, it would provide residents with greater protection.

Members were referred to the fact that since Mr Dessillas had taken over the role of Designated Premises Supervisor the venue had operated under Temporary Event Notices to sell alcohol beyond core hours on 14 different days in 2013 and that no complaints had been received on any of those occasions even though the venue was busier than unusual. With reference to the summary of noise complaints received by the council for the premises in the last two years, Mr Day acknowledged that there had been one instance of noise on 15 June when the pub had televised a World Cup football match. However, staff quickly took action to address the problem. He stated that the noise complaint recorded on 18 June had not taken place and that the applicants had checked the premise’s CCTV which could verify this.

Mr Day informed the committee that between 60 to 70% of the pubs patrons are local residents. He stated that there was  ...  view the full minutes text for item 4.

Jigsaw, 55 Duke Street, London, W1K 5NR

14/05626/LIPN

1.

Sale of Alcohol On and Off The Premises

Monday to Saturday 11:00 to 21:00

Sunday 12:00 to 21:00.

Amendments to application advised at hearing:

None

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

Mr O’Maoileoin presented the application on behalf of the applicant. He explained that the premises operate as a clothes shop operating over the ground floor and basement levels. A cafe and delicatessen also operates on the ground floor. The sale of alcohol on and off the premises in the cafe would be ancillary to the main use of the building and limited to a small capacity of 35 people. The alcohol would be a minimal aspect of the café’s overall sales. He advised members that the operators for the cafe would be the Fernando & Wells Group which has a reputation for high standards.

It was noted that some last minute planning information relating to the premises was circulated to Members the day before the hearing.

The Sub-Committee noted that adverse representations had been received from the Environmental Health Service and one local resident on the grounds that the licensable activity and hours requested would have an impact on public safety and have the likely effect of causing an increase in public nuisance within the area. Mr O’Maoileoin believed that the residential objection could be linked to an application on Binney Street where a venue had caused noise nuisance. He pointed out that the hours sought by the applicants were modest and that no regulated music or entertainment was being applied for. As such noise was not likely to result from granting the application. Litter or urination would also not occur.

Mr Nevitt confirmed that he had undertaken a site visit to the premises to establish what facilities would be provided for patrons. He advised that he maintained his adverse representation due to the objection from a local resident. He requested confirmation of the designated area where the sale and consumption of alcohol would be permitted in the event that the application was granted.

The Sub-Committee granted the application subject to the conditions set out below on the grounds that the sale and consumption of alcohol would be restricted to the designated cafe and delicatessen area, would form a minimal aspect of the cafe's overall sales and would be limited to a small capacity of 35 persons

2.

Opening Hours

Monday to Friday: 09:30 to 21:00

Saturday: 10:00 to 21:00

Sunday: 12:00 to 21:00

Amendments to application advised at hearing:

None.

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

Granted for the reasons set out in  ...  view the full minutes text for item 5.

Delicias De Portugal, 43 Warwick Way, SW1

14/01940/LIPV

Application adjourned to a later hearing at the request of the Applicant.