Agenda and draft minutes

Review of the premises licence for The Windsor Castle Public House, 98 Park Road, NW1 4SH

15/12075/LIREVP

Application adjourned until a later meeting.

Review of the premises licence for 7 Seas Grocery Store (previously trading as One Nation), 332 Kilburn Lane, W9 3EF

16/02038/LIREVP

Summary of application

An application had been made by the Westminster Licensing Authority to review the premises licence for 7 Seas Grocery Store (previously trading as One Nation), 332 Kilburn Lane, W9 3EF, which operated as an off-licence/convenience store for the sale by retail of alcohol. The sale of alcohol was permitted from Monday to Saturday – 08:00hrs to 23:00hrs and Sunday from 10:00hrs to 22:00hrs.

The application for review related to several alleged breaches of license conditions and selling alcohol past the terminal hour. Late documentation submitted to all parties reported that the premises had continued to sell alcohol after the terminal hours permitted after the review papers had been received.

An application to transfer the premises licence and to change the Designated Premises Supervisor (DPS) was submitted on 11 April 2016, but were both deemed to be invalid.

The review had been supported by the police and a local resident.

Decision

Mr Adedeji addressed the Sub-Committee on behalf of the licensing authority, and referred to the history on non-compliance at the premises.

On 7 December 2007 an application for a review of the licence was submitted by the Metropolitan Police on the grounds of the Prevention of Crime and Disorder and Protection of Children from Harm. The main issues had had related to the sale of alcohol to a person under 18 Years of age as part of a test purchase, sales after hours and alcohol exposed for sale after the permitted hours.  The decision after the hearing was that additional conditions be attached to the premises licence. Despite the Police review, the premises had continued to trade unlawfully, and the Licensee and DPS had been formally cautioned for the offence of providing licensable activities otherwise than in accordance with a Premises Licence on 6 December 2008, 2 May 2009 and 4 July 2009.

Despite the history of non-compliance, efforts had been made with the operator to ensure he was aware of his responsibilities.  Further instances on non-compliance through the sale and display of alcohol after the permitted hours had been witnessed by City Inspectors on 22 May 2015, 25 May 2015 and 10 June 2015. Under caution, Mr Gillani had advised that he was the owner of the premises and the DPS, and had blamed his staff for the non-compliance. Although Mr Gillani had advised that he was aware of the Police Review, and  ...  view the full minutes text for item 4.

Review of the premises licence for Charlie Berkeley, 15-16 Berkeley Street, W1J 8DY

16/02361/LIREVP

Summary of application

An application had been submitted by Sergeant Paul Hoppe of the Metropolitan Police on 3 March, to review the premises licencefor Charlie Berkeley, 15-16 Berkeley Street, W1J 8DY on the grounds of Prevention of Crime and Disorder and Public Safety. The review related to an incident on New Year’s Eve 2015 going into 1 January 2016. The Police allege that a female had entered the premises sober and had left highly intoxicated, which had made her extremely vulnerable. She left in the company of a male who appeared to know at least one of the door supervisors and who took her to some other nearby premises, falsely claiming to be a door supervisor himself. The male left the female at the premises but she was later taken to some other premises by another male and was allegedly subject to a serious sexual assault. The Police had met with the premises, and talks had ensued about a number of conditions that the Police were seeking to add to the Licence by way of a minor variation with a view to preventing a similar incident from happening again in the future. As no agreement had been reached between the police and the previously instructed solicitor who had been engaged by the premises, the Police had submitted a review which had been supported by a number of local residents.

Late documents had been received from the Police, Ms Lana Tricker and Mr Richard Brown, which had been submitted to all relevant parties.  A variation submitted by the Licensee shortly after the application for review had been submitted had been adjourned, and was being dealt with as a separate matter.

Decision

Sergeant Hoppe made an application for a private hearing, on the grounds that a very serious crime investigation that related to the premises was ongoing and that there could be a breach of confidentiality prejudicial to the case if the evidence were to be heard in public. Mr Panto advised the Sub-Committee that the evidence relating to the alleged assault would not need to include details of the persons involved.  Mr Panto also advised that although the default position was for review hearings to be held in public, Members had discretion  ...  view the full minutes text for item 5.