Agenda and draft minutes

Licensing Sub-Committee (1) - Thursday 26th January, 2017 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:

There were no declarations of interest.

3.

The Wellington Club, 116A Knightsbridge, SW1 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Knightsbridge and Belgravia Ward / not in cumulative impact area

The Wellington Club, 116A Knightsbridge, SW1

New

16/11875/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 26th January 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Jan Prendergast

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Nick Nelson

 

Relevant Representations:    Wellington Court RTM Company Ltd, Knightsbridge Residents Management Company, 10LP and eight local residents.

 

Present: Ms Lana Tricker (Solicitor, Representing the Applicant), Mr Brijesh Patel (for the applicant company), Mr Anil Drayan (Environmental Health (“EH”),  Mr Richard Roberts (Wellington Court RTM Company Ltd), Mr Robert Botkai (representing Kensington Gardens Management Company) and Mr Chris Barras (representing Mr Hays)

 

The Wellington Club, 116A Knightsbridge, London, SW1X 7PL

16/11875/LIPN

1.

Live Music - Indoors

 

Monday to Sunday: 09:00 – 01:00

 

Seasonal Variations/Non-Standard Timings:

 

From the end of trade on New Year’s Eve to the start of trade on New Year’s Day.

 

 

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 Quaver Limited for a new premises licence in respect of The Wellington Club, 116A Knightsbridge, London, SW1X 7PL.

 

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.

 

Ms Tricker, representing the applicant, confirmed that the application was for a shadow licence on behalf of the owner of the premises. The application was simply to re-establish the licence in the owner’s name and provide safeguards for the landlord. Paragraph 3.2.11 of the City Council’s Statement of Licensing Policy (“SLP”) highlighted that this was a recognised method and the application before the Sub-Committee was a prime example of a shadow licence. The application duplicated the current premises licence with no material changes. The Sub-Committee was reminded that this was not a review of the existing licence and following the withdrawal of the Police’s representation no objections had been received from the Responsible Authorities.

 

The residents objections received related to issues with the previous operator of which the landlord had been unaware. No complaints had been made to the landlord and the Council had also not received any large number of complaints. To help address any previous problems experienced and help reassure residents the landlord would circulate his contact details to them. Paragraph 3.2.14 of the SLP ensures that the issuing of a shadow licence to the landlord would also provide further protection to residents. Paragraph 3.2.14  states “The Council recognises that  landlords have powers over their tenants outside of the licensing regime and would expect responsible landlords to exert that control to promote the licensing objectives. Where the landlord is also a licence holder of an premises licence in effect at the premises the Council considers that the landlord has further responsibilities in respect of the operation of the premises to promote the licensing objectives”

Ms Tricker explained that despite issues with the previous operator no  ...  view the full minutes text for item 3.

4.

Premier Inn, 90-104 Berwick Street, W1 pdf icon PDF 8 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area

Premier Inn, 90-104 Berwick Street, W1

New

16/11235/LIPN

 

 

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 26th January 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Jan Prendergast

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Nick Nelson

 

Relevant Representations:    Environmental Health, the Metropolitan Police, Ingestre Court Residents’ Association and The Soho Society.

 

Present: Mr John Gaunt (Solicitor, Representing the Applicant), Mr James Rider and Mr Jonathan Langham (for the applicant company), Mr Anil Drayan (Environmental Health (“EH”), Mr Andrew Murray (The Soho Society) Mr Simon Osbourne-Smith (Ingestre Court Residents Voise) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing The Soho Society and Mr Osbourne-Smith)

 

Premier Inn, 90-104 Berwick Street, London, W1F 0QB

16/11235/LIPN

1.

Late Night Refreshment – Indoors

 

Monday to Thursday: 23:00 – 23:30

Friday to Saturday: 23:00 – 00:00

Sunday: N/A

 

Seasonal Variations/Non-Standard Timings:

 

To extend the proposed hours as identified on New Year’s Eve: 23:00 until New Year’s Day: 05:00.

 

The premises shall remain open to permit Late Night Refreshment to hotel residents 24 hours a day.

 

Please note that under Schedule 2 Para 3 of the Licensing Act 2003, the premises is exempt from requiring Late Night Refreshment for any person staying at the hotel for the night in question.

 

 

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 Whitbread Group PLC for a new premises licence in respect of Premier Inn, 90-104 Berwick Street, London, W1F 0QB.

 

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

 

Mr Gaunt representing the applicant advised that the application had been amended so the sale of alcohol would now only be permitted to 23:00 hours Monday to Thursday, 23:30 on Friday and Saturday. The application was for a 110 bed hotel which was part of a wider development and would be the fourth ‘Hub’ to be located in the City of Westminster. It was confirmed that the food and beverage offer would be located in the basement area of the Premises. This aspect was highlighted as it would make this area invisible to any members of the public passing by which was important as the premises was located in a cumulative impact area (“CIA”). There would be no external signage to the bar with access only allowed through the reception area which was manned 24 hours a day. A food offer would be available throughout the opening hours. The sale of alcohol would be through waiter/waitress service only with no off sales allowed except to hotel residents taking drinks to their room.

 

The Sub-Committee noted that the applicant had invested £30 million into the development which would create forty new jobs and it would be attempted to source these locally. Under the Licensing Act 2003 there was a provision for non-residents of a hotel to use the bar facility. It was envisaged  that there would not be a significant number of non-residents using the facilities, so  the application  ...  view the full minutes text for item 4.

5.

The Lexington, 34 Lexington Street, W1 pdf icon PDF 11 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

The Lexington, 34 Lexington Street, W1

New

16/12033/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 26th January 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Jan Prendergast

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Nick Nelson

 

Relevant Representations:    The Metropolitan Police, Licensing Authority, Environmental Health and The Soho Society

 

Present: Ms Lana Tricker (Solicitor, Representing the Applicant), Mr Piers Adam and Adam Torrance (for the applicant company), Ms Nicola Curtis (Environmental Health (“EH”), Mr Steven Rowe (Licensing Authority) and PC Bryan Lewis (Metropolitan Police (“The Police”).

 

The Lexington, 34 Lexington Street, London, W1F 0LH

16/12033/LIPN

1.

Sales by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 08:00 – 23:00

Sunday: 10:00 – 22:30

 

Seasonal Variations/Non-Standard Timings:

 

New Year’s Eve from the end of permitted hours to the start of the permitted hours on New Year’s Day.

 

 

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 Lexington Street Ltd for a new premises licence in respect of 34 Lexington Street, London, W1F 0LH.

 

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

 

A short video introducing the concept of the project was played for the benefit of the Sub-Committee.

 

Ms Tricker, representing the applicant, advised the Sub-Committee that Mr Adam had purchased a hotel in Speyside, Scotland, in 2012 which sold the best produce in the local area. It was stated that this vision had inspired the concept to introduce and bring a unique premises to Westminster which only served the best Scottish whisky and produce. It was confirmed that food would be provided throughout the ground floor and basement in the premises. The current building was derelict with a planned investment of £1.8 million of which the landlord was supportive. The terminal hour for selling alcohol was 23:00 hours Monday to Saturday and 22:30 on Sundays; this reflected the food led nature of the operation.

 

Ms Tricker informed the Sub-Committee that the entrance to the premises was set back from Lexington Street and would have a noise lobby to ensure there was no disturbance to residents. On the ground floor all patrons would be seated with a holding bar for up to fifteen people waiting to dine. The supply of alcohol would only be to a person seated at a table and ancillary to a meal. It was recognised that the basement required some flexibility with regards to the City Council’s Statement of Licensing Policy (“SLP”) as it would be used for whisky tasting events. Ms Tricker informed the Sub-Committee  that there would be no external advertising of the basement bar with food available at all times. Vertical drinking would not be encouraged and all bar tenders would be experts in whisky.

 

Mr Adams provided the Sub-Committee with an overview of the concept of the project and explained how the aim was to open a flagship premises in London.

 

Mr Torrance advised that the basement would primarily be used  ...  view the full minutes text for item 5.

6.

38 St John's Wood Terrace, NW8 pdf icon PDF 1 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Abbey Road Ward / not in cumulative impact area

38 St John's Wood Terrace, NW8

New

16/11417/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 26th January 2017

 

Membership:            Councillor Tim Mitchell (Chairman) and Councillor Jan Prendergast

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations:    Environmental Health and two local residents.

 

Present: Ms Lana Tricker (Solicitor, Representing the Applicant), Mr Hussein Aziz (for the applicant company), Mr Anil Drayan (Environmental Health (“EH”), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing a local resident)

 

38 St John’s Wood Terrace, London, NW8 6LS

16/11417/LIPN

1.

Sales by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 10:00 – 23:00

Sunday: 10:00 – 22:30

 

Seasonal Variations/Non-Standard Timings:

 

From the end of trade on New Year’s Eve until the start of trade on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

Ms Tricker stated that the applicant was seeking to remove off sales of alcohol from the licence.

 

 

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

 

The Sub-Committee considered an application by DrunchSW3 Ltd for a new premises licence in respect of 38 St John’s Wood Terrace, London, NW8 6LS.

 

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

 

Ms Tricker, representing the applicant, confirmed that the application was for a new premises licence after the previous licence for the premises had been surrendered by the former owners. The applicant was proposing significantly reduced hours for the sale of alcohol compared to the previous licence. The Sub-committee was advised that discussions had taken place with EH and proposed conditions had been agreed. The building was freestanding and the outside area was fully enclosed by a fixed structure which would enable staff to easily monitor this area. Additional floors above the premises would not be licenced and would act as accommodation for staff purposes. The operation would be food led and constructive discussions with EH had taken place regarding the installation of plant equipment to minimise any noise/odour impacts on the local area. The premises would be aimed at catering for local families and despite two representations received local residents were generally in support of the application. No other resident representations had been received. The Sub-Committee noted that the Police were satisfied with the application.

 

Ms Tricker informed the Sub-Committee how the applicant was an experienced operator who would take  proactive steps to  engage with the local community. No music would be played in the outside area and any alcohol served in this area after 18:00 hours would be ancillary to food. All windows would be double glazed, all music played internally would be background music and an acoustic report was due to be published. The Sub-Committee noted that the twenty year proposed leasing arrangment for  the premises would be determined on the requested hours being granted. The new conditions proposed were very restrictive and it was felt that the representations received were speculative. The application was not in a Cumulative Impact Area, there had been a lack of objections from local residents  ...  view the full minutes text for item 6.