Agenda and draft minutes

Vanity Bar and Nightclub, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ

An application for the renewal of the sexual entertainment venue premises licence so as to provide striptease, including full nudity, between the hours of 09.00 on each of the days Monday to Saturday to 03.00 on the day following; and between 09.00 and 23.00 on Sunday. The applicant has not requested any change to the entertainment or to remove any standard conditions. The application is to renew on exactly the same terms as the existing licence which had previously been varied by the Licensing Sub-Committee on 18^th December 2014.

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

An application for renewal of the sexual entertainment venue (SEV) licence for a period of 12 months.  The Applicant applied for a renewal of the SEV licence on the basis that the existing licence is due to expire within two months of the venue’s scheduled opening date.  Mr Gareth Hughes, representing the Applicant, explained that the current application is concerned only with the renewal of the SEV licence and stressed that all other aspects of the variation application made in December 2014 remained the same. He had no objection to the Licensing Sub-Committee taking into consideration a further late representation from a resident who was supporting Ms Dugdale’s representation against the renewal application.

Mr Richard Brown, representing the objectors, raised concerns regarding the prevention of crime and disorder and of public nuisance if the renewal was granted.  Mr Brown referenced the Court of Appeal decision in the case of Thompson V Oxford City Council when questioning the appropriateness of an SEV licence in what is a largely residential area.  He submitted that the decision in the Thompson case confirmed the licensing authority is (a) afforded a wide discretion in determining SEV applications, including the capacity to revise the decision of a previous Sub-Committee and (b) entitled to take into account not only the locality in which the premises is situated but also future changes to the locality when considering the ‘character of the relevant locality’.

The Sub-Committee also heard objections from Ms Alice Dugdale who had lived in the same building as the Applicant’s premises for a period of 27 years.  Ms Dugdale explained that the escape of noise had been a particular concern for her and fellow residents and was unconvinced that conditions imposed in the original application would prevent noise from the venue penetrating her apartment.  Mr  ...  view the full minutes text for item 3.

Aubaine, Hilton London Hyde Park Hotel, 129-134 Bayswater Road, London, W2 4RH

1.

Regulated Entertainment: Indoors

Playing of Recorded Music

For the public:

Monday to Saturday 10:00 to 23:00

Sunday 12:00 to 22:30

For the hotel residents and their bona fide guests:

Monday to Sunday 00:00 to 00:00

Amendments to application advised at hearing:

No change

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

Listed under Section 4

2.

Late Night Refreshment: Indoors and Outdoors

For the public:

This part of the application has been withdrawn by the applicant.

For the hotel residents and their bona fide guests:

Monday to Sunday 00:00 to 00:00

Amendments to application advised at hearing:

No change

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

Listed under Section 4

3.

Sale of Alcohol: On and off the premises

For the public:

Monday to Saturday 10:00 to 23:00

Sunday 12:00 to 22:30

For the hotel residents and their bona fide guests:

Monday to Sunday 00:00 to 00:00

Amendments to application advised at hearing:

Mr Grant indicated that the commencement hour on Sunday would be amended to 12.00 so as to comply with core hours.

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

Listed under Section 4

4.

Opening Hours

For the public:

Monday to Thursday 07:00 to 00:00

Friday to Saturday 07:00 to 00:30

Sunday 07:00 to 23:00

For the hotel residents and their bona fide guests:

Monday to Sunday 00:00 to 00:00

Amendments to application advised at hearing:

Monday to Saturday 07:00 to 23:30

Sunday 07:00 to 23:00

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

The Applicant applied for a licence to operate as a French restaurant that is open to the public and will also serve as the Hilton London Hyde Park hotel restaurant servicing its residents and bona fide guests.

Mr Gary Grant, representing the Applicant, explained that under the current application there would be a significant reduction in licensable activity in comparison with the previous licence by bringing the public opening hours in line with core hours and the elimination of 24-hour private entertainment.  Mr Grant contended that the current application would transform a vertical drinking hotel bar into a hotel restaurant where drinking would be largely ancillary to a table meal.  For these reasons, Mr Grant was of the view that this application is ideal for a premises located within the stress area.  ...  view the full minutes text for item 4.

Shaftesbury Food And Wine, 25-27 Shaftesbury Avenue, London, W1D 7EQ

1.

Late Night Refreshment

Monday to Thursday – 23:00 to 23:30

Friday to Saturday – 23:00 to 00:00

Amendments to application advised at hearing:

No change

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

Listed under Section 2

2.

To add the following conditions

1.    The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a convenience store.

2.    Late night refreshment shall be limited to hot food that is reheated in a microwave oven operated by staff behind the counter where customers will not have access.  There shall be no primary cooking on the premises.

3.    A personal licence holder shall be on the premises during the hours licensable activities are permitted.

4.    Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

5.    A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

6.    During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

Amendments to application advised at hearing:

No change

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

This was a variation application to an existing premises licence seeking to allow for the provision of late night refreshment indoors from 23:00 – 23:30 Monday to Thursday and from 23:00 – 00:00 on Friday to Saturday.  It was noted that the report inaccurately suggested that alcohol could be sold for consumption on the premises. The premises operated as a shop and were allowed to sell alcohol for consumption off the premises only. Mr O’Maoileoin explained that the variation had been applied for as a result of the Applicant’s calculations that it could contribute an extra £10-15k in revenue per annum to the business.

Mr O’Maoileoin stated that the small provision for late night refreshment applied for under the current application would be primarily concerned with the reheating of foodstuffs such as sausage rolls and samosas in a microwave situated behind the shop counter. In order to mitigate any potential nuisance as a result of this variation  ...  view the full minutes text for item 5.

Top Look Food & Wine, 528 Harrow Road, London, W9 3QF

An application submitted by the Licensing Authority for a review of the premises licence for

Top Look Food & Wine, 528 Harrow Road, London, W9 3QF, was received on 13^th

November 2014 on the grounds of the Prevention of Crime and Disorder.

  On 8^th May 2014, during an operation between customs and excise and trading standards

alcohol was seized from the premises when it became apparent that Excise Duty had not been paid on the goods. This is an offence under the S 170 of the Customs and Excise management Act 1979 and S144 of the Licensing Act 2003.

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 Saturday                                           08:00 to 23:00

Sunday                                                               10:00 to 22:30

Regulated entertainment (recorded music and private entertainment): Unrestricted

The opening hours of the premises:

Monday to Saturday                                           08:00 to 23:00         

Sunday                                                               10:00 to 22:30

Decision (including reasons):

The licensee, without legal representation present, accepted that alcohol had been purchased from a delivery man by his co-owner and that no paper work was available for those purchases but contended that the vast majority of alcohol bought for the premises is purchased legally at a cash and carry outlet. However, nearly 684 litres of canned beer and 104 litres of wine had been seized from the premises. 

The Sub-Committee asked the licensee how he normally keeps control of his stock and maintains relevant invoices to prove that stock within the premises is sourced legally.  In response, the licensee stated that on his regular trips to the cash and carry outlet he keeps receipts and invoices.  Furthermore, he proposed a condition that in future they would maintain proper records of all receipts and invoices for inspection by the Council or HMRC officers for a time deemed appropriate by the Sub-Committee.

Ms Johnson, representing Licensing Enforcement, explained that the amount of illegal alcohol seized on this occasion represented a minority of the total stock in the store.  This led inspectors to believe that the majority of stock had been purchased legally as the licensee had suggested.  Ms Johnson also confirmed that in the ten years the licensee had held the licence, there were no previous issues  ...  view the full minutes text for item 6.