Items
No. |
Item |
1. |
Membership
To report any changes to the membership.
Minutes:
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:
Councillor Louise Hyams
declared in respect of PF Changs that
10-11 Great Newport Street is located within the ward she
represents, St James’s. It was
stated that sitting in on the application would not affect her
ability to consider the application with an open mind and free from
any bias.
|
3. |
Basement and Ground Floor, 88 Great Portland Street, W1 PDF 995 KB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
West End Ward / not in
cumulative impact area
|
Basement and Ground
Floor, 88 Great Portland Street, W1
|
New Premises
Licence
|
17/11140/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday
14th December 2017
Membership:
Councillor Angela Harvey (Chairman), Councillor Louise Hyams and
Councillor Karen Scarborough
Legal
Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee Officer:
Jonathan Deacon
Presenting Officer: Daisy Gadd
Relevant Representations: Environmental
Health, 1 Residents’ Association and 10 residents.
Present: Mr Charles Holland
(Counsel, representing Applicant), Mr Jonathan Millet (Director,
Applicant Company), Mr Maxwell Koduah (Environmental Health), Mr
Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice
Project – on behalf of 5 residents), Mr Daniel Laydon and Ms Agata Duda (local residents).
Basement
and Ground Floor, 88 Great Portland Street, W1
17/11140/LIPN
(“The Premises”)
|
The application was adjourned
by the Licensing Sub-Committee in accordance with Regulation 11 of
the Licensing Act 2003 (Hearings) Regulations 2005 (“The
Regulations”) on the grounds that it was in the public
interest to give the parties the opportunity to discuss the
application, including proposed conditions. There were matters that had been discussed between
the Applicant and Environmental Health, which the Applicant had
tabled as an additional document by way of conditions at the
hearing, and which had not previously been seen by the
Sub-Committee or local residents. It
was the considered view of the Licensing Sub-Committee that on
balance the parties should be given sufficient time to consider the
evidence and raise any issues with the Applicant. This was to
ensure that neither party was prejudiced. It was hoped that during
this time period any outstanding issues or points of clarification
between the parties would be dealt with.
It was agreed that arrangements
would proceed for the application to be considered by the
Sub-Committee, reflecting the discussions of the parties, at the
next meeting scheduled to take place on 21 December
2017.
One matter which was discussed
at the meeting prior to the application being adjourned was that
the parties to the hearing were content for the revised plans
submitted on 12 December by the Applicant to be the ones considered
rather than the plans originally submitted by the
Applicant. These included the changes
to the toilets in the basement area of the Premises.
|
|
4. |
PF Changs, 10-11 Great Newport Street, WC2 PDF 2 MB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
St James’s Ward
/ West End Cumulative Impact Area
|
PF Changs, 10-11 Great Newport Street, WC2
|
Premises Licence
Variation
|
17/10875/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday
14th December 2017
Membership:
Councillor Angela Harvey (Chairman), Councillor Louise Hyams and
Councillor Karen Scarborough
Legal
Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee Officer:
Jonathan Deacon
Presenting Officer: Daisy Gadd
Relevant Representations: In support
– 1 representation from an individual who is employed in the
area.
Objecting
to the application - Environmental Health, Licensing Authority, 2
local residents.
Present: Mr Jack Spiegler
(Solicitor, representing the Applicant), Mr Barry Cook (Applicant
Company), Mr Maxwell Koduah (Environmental Health) and Ms Shannon
Pring (Licensing Authority).
Declaration: Councillor Louise Hyams declared that 10-11 Great
Newport Street is located within the ward she represents, St
James’s. It was stated that
sitting in on the application would not affect her ability to
consider the application with an open mind and free from any
bias.
PF
Changs, 10-11 Great Newport Street,
WC2
17/10875/LIPV
(“The Premises”)
|
1.
|
Sale
by retail of alcohol (Off)
|
|
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):
|
|
Ms Gadd in presenting
the item advised that the Applicant and Environmental Health had
agreed an amendment to Condition 36 in the report that
‘patrons permitted to temporarily leave and then
re-enter the premises, e.g. to smoke, including those seated in an
area appropriately authorised for the use of tables and chairs on
the highway, shall be limited to 12 persons up to 23:00 and 8
persons thereafter’. She also
informed the Sub-Committee that the Police’s concerns had
been addressed and they had now withdrawn their representation.
The Sub-Committee
initially asked Mr Spiegler, representing the Applicant, whether he
had any objections to Councillor Hyams considering the
application. PF Changs is located in the ward she represents, St
James’s. Mr Spiegler advised the
Sub-Committee that he had no objections to Councillor Hyams
considering the application.
The Sub-Committee
heard from Mr Spiegler in respect of the application. He explained that this was an application for a
variation of the premises licence to add off sales of
alcohol. It was stated that the
Applicant had been granted planning permission and a highways
licence to place 4 tables and 8 chairs in the external area and
sought to sell alcohol to customers there. The Applicant was also requesting to sell alcohol
ancillary to a takeaway meal. There
were no proposed changes to the operating hours inside the
Premises.
Mr Spiegler also
sought to provide some clarification regarding the
conditions. He supported Environmental
Health’s requested removal of the works condition on the
existing premises licence in the event the Sub-Committee was minded
to grant the current application as Environmental Health had
inspected the Premises as required in the condition. He confirmed that the Applicant and Environmental
Health had agreed the amended Condition 36 read out by the
Presenting Officer. Mr Spiegler stated
that in keeping with the agreed condition the use of the furniture
outside would stop at ...
view the full minutes text for item 4.
|
|
5. |
Continental Food & Wine, 24 Craven Road, W2 PDF 515 KB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
Hyde Park Ward / not
in cumulative impact area
|
Continental Food &
Wine, 24 Craven Road, W2
|
Premises Licence
Variation
|
17/10969/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday
14th December 2017
Membership:
Councillor Angela Harvey (Chairman), Councillor Louise Hyams and
Councillor Karen Scarborough
Legal
Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee Officer:
Jonathan Deacon
Presenting Officer: Daisy Gadd
Relevant Representations: Environmental
Health, Metropolitan Police, 1 Ward Councillor, freehold owner of
property in the area and 1 local amenity society.
Present: Mr Graham Hopkins
(Licensing Agent, representing the Applicant), Mr Velalakan Thuraisingam
(Applicant and Designated Premises Supervisor), PC Sandy Russell
(Metropolitan Police), Mr Maxwell Koduah (Environmental Health), Mr
Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice
Project – on behalf of South East Bayswater Residents’
Association ‘SEBRA’) and Mr John Zamit (Chairman,
SEBRA)
Continental Food & Wine, 24 Craven Road, W2
17/10969/LIPV
(“The Premises”)
|
1.
|
Sale
by Retail of Alcohol (Off)
|
|
From
Monday to Saturday
08:00 to 23:00
Sunday 10:00 to
22:30
|
To
Monday to Sunday 08:00
to 01:00
|
|
|
Amendments to application
advised at hearing:
|
|
Mr Hopkins, representing the
Applicant, advised the Sub-Committee that the proposed terminal
hour for off sales was being amended to midnight from Sunday to
Thursday. The same terminal hour of
01:00 was sought on Fridays and Saturdays as was originally applied
for.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
heard from Mr Hopkins, representing the Applicant. He stated that Mr Thuraisingam had owned Continental Food and Wine
for ten years and had held a personal licence for five
years. Mr Hopkins informed those
present that the Applicant lived in the local area of the Premises
and he was keen to have a good relationship with his
neighbours.
Mr Hopkins advised
that there were amendments to the application proposed by the
Applicant. The terminal hour for
off-sales and the closing time for the Premises sought Sunday to
Thursday was now midnight. The same
terminal hour of 01:00 was sought on Fridays and Saturdays as was
originally applied for.
Mr Hopkins said that
the Applicant had offered a number of conditions which were
appropriate for the premises, including CCTV (which was installed
already) and a Challenge 25 policy. These were part of the original
application. The Applicant was
also offering three additional conditions which would come into
effect after the terminal hour on the existing premises
licence. These were that after 23:00
there would no sale of beer, lager or cider above 5.5% ABV (they
would be placed in a separate cabinet which would be locked at
23:00), there would no miniatures of less than 20cl sold after
23:00 and there would be no single cans or bottles of beer, lager
or cider sold after 23:00.
Mr Hopkins explained
that the customers sought by the Premises in respect of the
application would be guests staying in the hotels in the
area. These customers arrived in
Paddington from the West End and other parts of the country and
rather than paying at the hotel bar, they visited the local
supermarkets to purchase alcohol. The
Applicant was seeking to capture that trade, particularly at the
weekend. Mr ...
view the full minutes text for item 5.
|
|
6. |
Melissa's Kitchen Ltd, 27 Elizabeth Street, SW1 PDF 498 KB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
Churchill Ward / not
in cumulative impact area
|
Melissa’s
Kitchen Ltd, 27 Elizabeth Street, SW1
|
New Premises
Licence
|
17/10522/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday
14th December 2017
Membership:
Councillor Angela Harvey (Chairman), Councillor Louise Hyams and
Councillor Karen Scarborough
Legal
Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee Officer:
Jonathan Deacon
Presenting Officer: Daisy Gadd
Relevant Representations: Environmental
Health and 4 local residents.
Present: Mr Thomas O’Maoileoin
(Solicitor, representing the Applicant), Mr Ercan Mutlu (Owner of
the business and Designated Premises Supervisor) and Mr Maxwell
Koduah (Environmental Health).
Melissa’s Kitchen Ltd, 27 Elizabeth Street, SW1
17/10522/LIPN
(“The Premises”)
|
1.
|
Late
Night Refreshment (Indoors)
|
|
Monday to Thursday 23:00 to 23:30
Friday and Saturday 23:00 to 00:00
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
heard from Mr O’Maoileoin, representing the
Applicant. He stated that
Melissa’s Kitchen had been trading, without the sale of
alcohol, for approximately two months.
The Premises was permitted A3 use. It
had historically been more of a café/restaurant and the
original lease had required that no alcohol would be sold
there. The Sub-Committee was advised
that there had recently been an overhaul of the Premises and a
change in the terms of the lease. The
landlord, Grosvenor, had now permitted the Premises to sell alcohol
whereas previously there was a complete prohibition.
Mr O’Maoileoin
informed the Sub-Committee that Mr Mutlu, the owner of the business and the Designated
Premises Supervisor, was living above the premises with his
8 year old daughter, whom the business
was named after. It was therefore in
his best interests to make sure that there was no noise emanating
from the Premises.
Mr O’Maoileoin
proposed amendments to the application.
The opening hours were being amended so that the proposed terminal
hours would be the same as for on sales of alcohol (Monday to
Thursday 23:30, Friday and Saturday midnight and Sunday
22:30). Also, the proposed terminal
hours for off sales were being amended in line with the
Council’s Core Hours (23:00 Monday to Saturday and 22:30 on
Sundays). Mr O’Maoileoin offered
that the Council’s Model Condition 56 be attached to the
licence that ‘there shall be no sales of hot food or
hot drink for consumption off the premises after 23.00’.
It was confirmed by Mr
O’Maoileoin that five conditions suggested by the
Metropolitan Police had been agreed by the Applicant. The Police had subsequently withdrawn their
representation. It was Mr O’Maoileoin’s understanding that
Environmental Health did not have specific concerns about the
application but that they had maintained their representation due
to the written representations from four local
residents. Maintaining the
representation would enable the Environmental Health Officer to
assist the residents and the Sub-Committee in the event that any of
the residents had been in attendance at the hearing.
Mr O’Maoileoin referred to the
written representations submitted by the local
residents. He made the point that one
of the representations had stated that noise was a problem in the
area whilst another had described the area as being quieter after
23:00. It was the Applicant’s
view that ...
view the full minutes text for item 6.
|
|