Agenda and draft minutes

Licensing Sub-Committee (1) - Thursday 27th October, 2016 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

It was noted that there were no changes to the membership.

2.

Declarations of Interest

To receive declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

Minutes:

Councillors Mitchell and Acton declared that in respect of the Winter Wonderland application they had received an invitation to attend the VIP event.

 

Councillor Acton also declared that in respect of the Winter Wonderland application she had previously received hospitality from The Royal Parks.

3.

Sushi Shop, 67-69 Weymouth Street, W1 pdf icon PDF 3 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Marylebone High Street Ward / not in cumulative impact area

Sushi Shop, 67-69 Weymouth Street, W1

New

16/09053/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 27th October 2016

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Sumeet Anand-Patel

 

Relevant Representations:    Environmental Health, Metropolitan Police and two local residents.

 

Present: Mr Jack Spiegler (Solicitor, Representing the Applicant), Mr Mathieu Humbert (on behalf of the applicant company) and Mr Dave Nevitt (Environmental Health).

 

Sushi Shop, 67-69 Weymouth Street, London, W1G 8NY

16/09053/LIPN

1.

On and Off Sales by retail of Alcohol

 

Monday to Saturday: 11:00 – 22:30

Sunday: 12:00 – 22:30

 

2.

Hours Premises are Open to the Public

 

Monday to Sunday: 11:00 – 22:30

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee considered an application by Sushi Shop London Ltd for a new premises licence in respect of 67-69 Weymouth Street, London, W1G 8NY.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Mr Jack Spiegler, representing the applicant, explained that the premises was of a high quality and premium nature. It was located on a busy junction between Weymouth Street and Marylebone High Street which was outside of the cumulative impact area. The hours proposed were modest and additional conditions had been agreed with other parties which ensured all alcohol sold would be ancillary to food. It was also confirmed that a limit on the capacity of the premises had also been agreed with Environmental Health. The Sub-Committee also noted that all off-sales of alcohol had to be ancillary to a take away meal so there was no potential for alcohol to be sold for immediate consumption outside the premises.

 

Mr Spiegler informed the Sub-Committee that the applicant had written to the two residents which had made representations but had received no response. Their primary concern related to food deliveries and the Sub-Committee noted the applicant’s attempts to address these concerns. This involved all staff being briefed on delivery pickups to ensure disruption to residents was minimised. Electric bikes had been purchased to lower delivery noise levels and the delivery pick up area had also been changed to avoid the residential area. It was felt this would ensure there would no adverse impact on residents and the deliveries would only just provide an additional service to customers. It was highlighted that the applicant was very experienced and had managed over thirty premises.

 

Mr Dave Nevitt, representing Environmental Health, explained that several helpful site visits had been undertaken to the premises. It was a very modern premises which had been operating satisfactorily and no complaints or concerns had been recorded. Conditions had been agreed with the applicant and no substantive concerns remained although the representation was maintained due to the residents’ concerns reported. It was  ...  view the full minutes text for item 3.

4.

Winter Wonderland, Hyde Park, Serpentine Road, W2 pdf icon PDF 119 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Knightsbridge and Belgravia Ward / not in cumulative impact area

Winter Wonderland, Hyde Park, Serpentine Road, W2

New

16/08484/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 27th October 2016

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Nick Nelson

 

Relevant Representations:    Environmental Health and one local resident.

 

Present: Mr Doug Simmonds (Agent, Representing the Applicant), Ms Suzy Griffiths (Event Director for applicant company), Josh Finesilver (Designated Premises Supervisor) and Miss Sally Thomas (Environmental Health).

 

Winter Wonderland, Hyde Park, Serpentine Road, London, W2 2UH

16/08484/LIPN

1.

Performance of Plays – Indoors and outdoors

 

Day: Thursday, 17 November 2016

 

Duration: 17:00 – 21:00

 

Seasonal Variations/Non-Standard Timings:

 

This event is limited to the 17 November 2016 for one day only.

 

Further Details:

 

Although none are planned it is conceivable that short plays of a seasonal nature may be performed in a dedicated area which could be enclosed but may be in the open.

 

2.

Exhibition of Films – Indoors and outdoors

 

Day: Thursday, 17 November 2016

 

Duration: 17:00 – 21:00

 

Seasonal Variations/Non-Standard Timings:

 

This event is limited to the 17 November 2016 for one day only.

 

Further Details:

 

Although none are planned it is conceivable that Films of a seasonal nature may be displayed in a dedicated area which could be enclosed but may be in the open. Films would be played on some occasions using modem digital equipment for projection. It is not intended to display any films other than those which have full viewing permission for all ages.

 

3.

Performance of Live Music – Indoors and outdoors

 

Day: Thursday, 17 November 2016

 

Duration: 17:00 – 21:00

 

Seasonal Variations/Non-Standard Timings:

 

This event is limited to the 17 November 2016 for one day only.

 

Further Details:

 

Live Music will consist of groups or individual acts and may be supported at times or include music played by a band or from an individual performer as part of their act. All will be performing for limited intervals during operating times and generally from the venues with an indoor performing area such as the Bavarian Hall.

 

4.

Playing of Recorded Music – Indoors and outdoors

 

Day: Thursday, 17 November 2016

 

Duration: 17:00 – 21:00

 

Seasonal Variations/Non-Standard Timings:

 

This event is limited to the 17 November 2016 for one day only.

 

Further Details:

 

Music other than live as at 'E' is likely to be played incidental to the events and as such will not be licensable as an activity, any other that will be played will generally be background themed to the season but will include other musical entertainment in some of the venues such as the Bavarian Hall.

 

5.

Performance of Dance – Indoors and outdoors

 

Day: Thursday, 17 November 2016

 

Duration: 17:00 – 21:00

 

Seasonal Variations/Non-Standard Timings:

 

This event is limited to the 17 November 2016 for one day only.

 

Further Details:

The most likely place for performance of dance will be in the Bavarian Hall as part of the overall entertainment given there but it may occur at other venues throughout the premises.

 

6.

Anything of  ...  view the full minutes text for item 4.

5.

21 Kingly Street, W1 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

21 Kingly Street, W1

New

16/07447/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 27th October 2016

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Nick Nelson

 

Relevant Representations:    Environmental Health and the Soho Society.

 

Present: Mr Jack Spiegler (Solicitor, Representing the Applicant), Mr Rob Kirk (on behalf of the applicant company) and Mr Maxwell Koduah (Environmental Health).

 

21 Kingly Street, London, W1B 5QA

16/07447/LIPN

1.

Late Night Refreshment

 

Monday to Thursday: 23:00 – 23:30

Friday to Saturday: 23:00 – 00:00

Sunday: 23:00 – 23:30

 

Seasonal Variations/Non-Standard Timings:

 

  • From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

 

  • Midnight on Sundays immediately before Bank Holiday Mondays.

 

 

This aspect of the application was granted apart from Late Night Refreshment on a Sunday which was refused.

 

2.

On and Off Sales by retail of Alcohol

 

Monday to Thursday: 10:00 – 23:30

Friday to Saturday: 10:00 – 00:00

Sunday: 10:00 – 23:30

 

Seasonal Variations/Non-Standard Timings:

 

  • From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

 

  • Midnight on Sundays immediately before Bank Holiday Mondays.

 

This aspect of the application was granted but the terminal hour for the sale of alcohol on Sundays was reduced to 22.30.

3.

Hours Premises are Open to the Public

 

Monday to Thursday: 10:00 – 00:00

Friday to Saturday: 10:00 – 00:30

Sunday: 10:00 – 00:00

 

Seasonal Variations/Non-Standard Timings:

 

  • From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

 

  • 00:30 for the day following Sundays immediately before Bank Holiday Mondays.

 

This aspect of the application was granted but the terminal hour for the closing of the premises on Sundays was reduced to 23.00.

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee considered an application by Shaftesbury AV Ltd for a new premises licence in respect of 21 Kingly Street, London, W1B 5QA.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Mr Kirk, on behalf of the applicant, stressed the importance of submitting the application before the premises was let so that a level of control was maintained over the premises. Shaftesbury AV Ltd was a responsible applicant and the Panel was informed that it was currently in the process of replacing all CCTV systems for existing premises in the area which would operate twenty four hours a day. They already ran premises which operated similar hours to those proposed for this application and no issues had arisen.

 

Mr Spiegler confirmed that the application was for a restaurant licence and comprehensive conditions had been agreed with Environmental Health. The hours applied for were the  ...  view the full minutes text for item 5.

6.

Beiteddine Express, 19 Clarges Street, W1 pdf icon PDF 3 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward / not in cumulative impact area

Beiteddine Express, 19 Clarges Street, W1

New

16/07515/LIPN

 

 

 

Minutes:

The item was withdrawn before the meeting.

7.

Basement And Ground Floor, 16-18 Upper Tachbrook Street, SW1 pdf icon PDF 3 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

Warwick Ward / not in cumulative impact area

Basement And Ground Floor, 16-18 Upper Tachbrook Street, SW1

New

16/08179/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 27th October 2016

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    One local resident.

 

Present: Mr Hon See Tsang (Director), Mrs Man Wan Tsang (Premises Supervisor) and Mr Hui Sun (Office Administrator).

 

Basement and Ground Floor, 16-18 Upper Tachbrook Street, London, SW1V 1SH

16/08179/LIPN

 

1.

On and Off Sales by retail of Alcohol

 

Monday to Saturday: 11:00 – 23:00

Sunday: 11:00 – 22:30

 

2.

Hours Premises are Open to the Public

 

Monday to Saturday: 11:00 – 23:00

Sunday: 11:00 - 22:30

 

 

Amendments to application advised at hearing:

 

The applicants advised that they would be willing to reduce the commencement hours on Sundays so as to only sell alcohol and open the premises from 12:00.

 

 

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

 

The Sub-Committee considered an application by Evenhold Ltd for a new premises licence in respect of Basement and Ground Floor, 16-18 Upper Tachbrook Street, London, SW1V 1SH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and advised that following dialogue with the applicant and the agreement to a number of proposed conditions, Environmental Health had now withdrawn their representation. The only remaining representation was from the local resident who did not attend the hearing.

Mrs Tsang advised the Sub-Committee that the application was for a restaurant where it was intended for alcohol to be ancillary to food. The applicants had liaised with Environmental Health and adopted suggested conditions which had satisfied all their concerns. Mrs Tsang explained that the representation received from a local resident was mainly concerned about a potential increase in traffic and pollution resulting from the opening of a new restaurant. This had been subsequently resolved though the Council’s implementation of a one way traffic restriction on Upper Tachbrook Street. Mrs Tsang had also been in correspondence with the resident to address the concerns raised. An email was circulated to the Sub-Committee by Mrs Tsang which stated that the resident was reassured by the applicant’s attempts to limit any impact of the restaurant on local residents.

 

Mrs Tsang detailed how the restaurant would primarily cater for local residents and therefore it would have no impact on traffic or parking in the local area. Following discussions with Environmental Health prominent signs would be displayed at all entrance and exit points requesting customers to respect local residents and ensure noise disruption was minimised. Only background music would be played at the premises and the walls had been insulated to ensure there was no disturbance to neighbours.

 

As restaurant conditions had not been applied for the Sub-Committee requested clarity on whether the premises would be operated as a restaurant? The applicants confirmed that it was intended for the premises to be a restaurant and that they would accept any restaurant conditions imposed to provide reassurance to the Sub-Committee and residents. This would include the  ...  view the full minutes text for item 7.

8.

Application to specify an individual as Designated Premises Supervisor pdf icon PDF 5 MB

App

No

Applicant

Application

Licensing Reference Number

6.

Shepherds Market Fine Wine Ltd

To specify an individual as Designated Premises Supervisor

16/08006/LIPDPS

 

 

 

Minutes:

The item was withdrawn before the meeting.