Agenda and minutes

Soho Grind, 19 Beak Street, W1

14/06662/LIPN

1.

Sale of Alcohol: On the premises

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

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 initially heard from Mr Thomas, representing the Applicant.  He informed Members that his client was proposing to operate the premises, a small coffee shop and restaurant, within the Council’s Core Hours policy, including the opening hours.  The Council’s model restaurant condition was also being offered except for takeaway of teas, coffees and cold food as the premises would be operated slightly differently in the morning as a coffee shop.  There would be no off-sales or alcohol taken outside.  It was proposed that a maximum of 4 smokers would be permitted outside the premises at any one time after 23:00 hours.  His client had operated 20 days of TENs at the premises for the same hours as applied for with alcohol being ancillary to food.

Mr Thomas also referred to the fact that there had been no representation from the Police and he believed Environmental Health were content with a capacity of 20 people in the basement and 30 on the ground floor.  He disputed the view that the premises would add to cumulative impact in the area and made the case that intensification had actually been reduced as a result of some bars becoming restaurants and other licences being revoked such as Studio Valbonne. 

Ms Joyce for Environmental Health advised the Sub-Committee that she maintained her representation as Soho Grind was an application for a new premises licence in the West End Stress Area.  The plans appeared to be dominated by bar areas and did not indicate the food preparation area.  The latest menu she had seen had given more of a priority to food.  The concern was that there were no kitchen facilities or wash up area to prepare the food or non-disposable crockery.  The Applicant had offered the majority of the Council’s model restaurant condition and she was content for takeaway of teas, coffees and cold food to be permitted.  A capacity of 50 for the premises was acceptable, particularly taking into account the toilet provision.  There had been an intensification of premises  ...  view the full minutes text for item 3.

Delicias De Portugal, 43 Warwick Way, SW1

14/01940/LIPV

1.

Sale of Alcohol (On the Premises)

To permit sale of alcohol on the premises (Off Sales currently permitted)

Monday to Saturday 10:00 to 23:00

Sunday 12:00 to 22:30.

Amendments to application advised at hearing:

None.

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

Granted, subject to conditions as set out below.

The delicatessen was previously permitted to sell alcohol solely for consumption off the premises.  Mr Rocha explained to the Sub-Committee that the Applicant Company was an importer of Portuguese wine and beer which had four delicatessen shops in the United Kingdom.  It sought to sell a glass of wine or beer in order to increase income and would potentially wish to promote various types of wine.

In reaching their decision to grant the application, the Sub-Committee took into account that the Applicant Company had taken a number of measures in order to promote the licensing objectives.  These included that it had amended the commencement hours proposed originally so that they were now in keeping with the Council’s Core Hours policy.  Also, conditions had been agreed with the Police which promoted the licensing objectives including that the supply of alcohol at the premises would be ancillary to a seated person having a table meal and being served by a waiter or waitress and a condition to the effect that a Challenge 25 proof of age scheme would be operated at the premises.

Mr Nevitt for Environmental Health emphasised the need for a public toilet to be provided given that the Applicant sought on-sales.  The existing toilet in the basement was for staff only.  Mr Nevitt advised the Sub-Committee that he had agreed in discussions with Mr Rocha that they would have a meeting the following week to find a suitable location for a public toilet.  This could potentially affect the plans requiring the Applicant to submit a minor variation.  

The Sub-Committee asked Mr Rocha what capacity he envisaged for the premises.  He replied that he hoped to have a maximum of ten inside the premises and two outside the premises.  Members were aware that the premises had no tables and chairs licence and appeared not to have a private forecourt.  Mr Nevitt clarified that the maximum capacity in respect of the British Standard for one public toilet on the premises would be twelve to fifteen customers.  The Sub-Committee attached the condition to the licence that ‘the number of persons accommodated at any one time shall not exceed 12 persons’. That capacity was to apply to both the internal and external areas of the premises and any capacity for the use of that outside area would be  ...  view the full minutes text for item 4.

Kupp, Unit 53, 5 Merchant Square West, W2

14/06394/LIPN

1.

Regulated Entertainment: Indoors

Amendments to application advised at hearing:

Mr Shield, representing the Applicant, informed the Sub-Committee that Indoor Sports and Performance of Dance had been withdrawn from the application.

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

The Sub-Committee initially heard from Mr Shield.  He stated that his client’s concept was Scandinavian and this would be different for the area.  This included an early morning coffee bar and a casual dining offer.  The Applicant was seeking not to have a restaurant condition attached to the premises licence which would require alcohol to be ancillary to a table meal. Food would be an important part of the offer and the ground floor would be laid out for tables and chairs.  The proposed hours were beyond the Council’s Core Hours policy.  However, Kupp would not be located in a designated stress area.  There would not be any residents within close proximity of the premises.   Mr Shield informed the Sub-Committee that Indoor Sports and Performance of Dance had been withdrawn from the application.  There would be regulated entertainment.  Live music was not envisaged as being a major part of the operation.  A noise limiter was being installed.

Mr Shield advised that his client had agreed Environmental Health’s proposed condition that substantial food was available at all times.  It had also been agreed with the Police that the last admittance time was midnight although Environmental Health had requested 23:00 hours.  Deliveries were to a garage in a shared delivery bay for the block which the Applicant did not have direct control over.  He added that there were good links from Merchant Square West to Paddington train station and Edgware Road underground station.

Mr Nevitt for Environmental Health expressed concerns that without a proposed restaurant condition Kupp could operate as a bar with regulated entertainment until 01:00 hours.  This had been the reason why Environmental Health had maintained their representation.  An acoustic report had been produced by the Applicant and a noise limiter would be installed.  However there were offices above the premises.  He appreciated that Kupp was not located in a designated stress area but there were residents in the area.  A works condition was sought.  Mr Shield had confirmed that 7 WCs were being offered.  Mr Nevitt also made  ...  view the full minutes text for item 5.

PiccolaCucina Restaurant, 89 George Street, W1

14/06468/LIPN

1.

Late Night Refreshment: Indoors

Monday to Saturday 10:00 to 23:00

Sunday 10:00 to 22:00.

Amendments to application advised at hearing:

None.

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

Members of the Sub-Committee were not required to consider this aspect of the application as Late Night Refreshment is only licensable after 23:00 hours.

2.

Sale of Alcohol: On the premises

Monday to Saturday 10:00 to 23:00

Sunday 10:00 to 22:00.

Amendments to application advised at hearing:

None.

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

Granted, subject to conditions as set out below.  The Sub-Committee considered that the Applicant had agreed all of the conditions proposed by the Metropolitan Police and Environmental Health.  The Metropolitan Police had subsequently withdrawn their representation.  The agreed conditions included the Council’s model restaurant condition.  The Council’s policy for restaurants outside the designated stress areas is that applications will generally be granted subject to the relevant criteria in policies CD1, PS1, PN1 and CH1 being met.  The Sub-Committee were of the view that the proposed hours which had been reduced from those set out in the original application by the Applicant and the conditions that were attached to the licence would promote the licensing objectives.  As stated by Mr Chukwudinma at the hearing, no regulated entertainment or late night refreshment was being applied for.   

In reaching their decision, Members of the Sub-Committee also noted that the Applicant had been responsive to two residents’ concerns in reducing the terminal hour for licensable activities to 23:00 Monday to Saturday and also 03:00 specifically for New Year’s Day. 

Ms Joyce for Environmental Health confirmed at the hearing that her key concerns had been addressed following agreement of all her proposed conditions earlier that morning and the Applicant putting forward new plans which included toilet capacities.  She was seeking that the ground floor bar area, where a maximum of ten people at any time would be able to consume alcohol prior to a table meal, was included in a hatched area on the revised plan and that these people were seated to prevent vertical drinking.  Ms Joyce also was requesting the Council’s model capacity condition that the licence would have no effect until the capacity of the premises had been assessed by the Environmental Health Consultation Team and a condition detailing the agreed capacity had replaced this condition on the Licence.  These conditions were attached to the premises licence by the Sub-Committee.  Ms Joyce advised the Sub-Committee that she had no issues with the proposed hours but wished to point out that the restaurant’s commencement hour on Sundays was prior to the Council’s Core  ...  view the full minutes text for item 6.

AM 2 PM, 122-124 Chippenham Road, W9

14/06486/LIREVP

An application submitted by the Police Licensing Authority for a review of the premises licence for AM 2 PM was received on 1^st August 2014 on the grounds of undermining the Prevention of Crime and Disorder and Protection of Children from Harm licensing objectives.

Guidance issued under section 182 of the Licensing Act 2003 (para 11.2) states that at any stage following the grant of a premises licence, a responsible authority, such as the Police or the Environmental Health Service, or any other person who can seek a review, may ask the Licensing Authority to review the premises licence because of a matter arising at the premises in connection with any of the four licensing objectives.

As such, in accordance with section 52(2) of the above-mentioned Act, the Licensing Authority must hold a hearing to consider the application and any relevant representations. 

The premises currently benefits from a premises licence that permits:

Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit Unrestricted

          Sale by Retail of Alcohol (Off Sales)

          Monday to Thursday                                 08:00 to 23:00         

          Friday to Saturday                                    08:00 to 00:00

         Sunday                                                      10:00 to 22:30

          The opening hours of the premises:

          Monday to Thursday                                 08:00 to 23:00         

          Friday to Saturday                                    08:00 to 00:00

         Sunday                                                      10:00 to 22:30

On 24^th May 2014, police officers conducted a test purchasing operation in specified Licensed Premises in the City of Westminster.  Alcohol was sold to a person under the age of 18 years. In addition, the alcohol sold at the premises was above 5.5% Alcohol by Volume which breached condition 11 of the premises licence which stated: ‘No Beer or Cider to be sold above 5.5% Alcohol by Volume.’

Following the test purchase on 24^th May 2014, a meeting was held with the licensees, who were requested to submit a minor variation application to add 11 conditions which primarily safeguarded children. An application was submitted on 12^th June 2014 to add these conditions. The minor variation application was granted on 1^st July 2014.

On 24^th July 2014, another test purchase was conducted at the premises and alcohol was once again sold to a person under the age of 18 years.

At no point during the sales of alcohol to the individuals under the age of 18 on 24 May or 24 July were either child asked for any proof of  ...  view the full minutes text for item 7.