Agenda and minutes

Licensing Sub-Committee (1) - Thursday 5th July, 2018 10.00 am

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR. View directions

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any 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.

1.

2 Old Compton Street, London, W1D 4TA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / Cumulative Impact Area

Compton Cross, 2 Old Compton Street, London, W1D 4TA

New Premises Licence

18/03718/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 5th July 2018

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Samantha Eaton

 

Relevant Representations:         Metropolitan Police Service, Environmental Health), Licensing Authority, Soho Society, Covent Garden Community Association (CGCA) and nine local residents.

 

Present: Philip Kolvin (QC for the Applicant), Richard Taylor (Gosschalks instructing Solicitor for the Applicant), PC Bryan Lewis (Metropolitan Police Service), Anil Drayan  (Environmental Health), David Sycamore (Licensing Authority), Jane Doyle and Mr David Gleeson (Soho Society), Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project), David Kaner (Covent Garden Community Association) and Joseph Farrell (local resident)

 

Compton Cross, 2 Old Compton Street, W1D 4TA 18/03718/LIPN (“The Premises”)

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:

 

None.

 

 

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

 

The Sub-Committee considered an application by Marmalade Pubs Limited (“the Applicant”) for a New Premises licence in respect of 2 Old Compton Street, London W1 D 4TA.

 

The Presenting Officer introduced the application to the Sub-Committee and advised that this was an application for a new Premises licence to permit licensable activities (sale of alcohol, performance of live music, playing of recorded music, anything of a similar description to live and recorded music and late night refreshment) until 1.00pm on a Friday and Saturday night when LGBT cabaret was to be provided.  The hours would be in accordance with core hours on Sundays to Thursday inclusive and Friday and Saturdays when there was no cabaret. 

The Presenting Officer then advised of a late submission from Environmental Health.  The Sub-Committee and all parties confirmed that they had received the late submission. 

 

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

 

Mr Kolvin asked if the Sub-Committee had received the late submissions by the Applicant.  The Sub-Committee confirmed that they had not received the Noise Report from the Sound Consultant (compiled by Shaun Murkett Acoustic Consultants Ltd) and decided to use its discretion by adjourning the hearing temporarily to read the contents of the report before continuing with the hearing.  The Chairman advised that they were content to accept the report as part of the Applicant’s evidence if the Responsible Authorities and Interested Parties also agreed and if Mr Kolvin gave a concise summary of the report in his submission highlighting the salient points to the Sub-Committee. The Applicant and all parties agreed to adopt this approach and proceed.  Mr Kolvin referred the Sub-Committee to page 8, paragraph 4 of the Noise Report, which outlined Mr Murkett’s extensive monitoring of any noise nuisance heard from the resident’s flats and confirmed that the sound limiter had been set so that no electronically amplified sound could be heard in the resident’s flats.  ...  view the full minutes text for item 1.

2.

Co-operative, Baker Street, London, NW1 5RT pdf icon PDF 22 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Regent’s Park Ward / not in cumulative impact area

Co-operative, Baker Street,  London, NW1 5RT

New Premises Licence

18/03285/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 5th July 2018

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpson

Committee Officer:     Sarah Craddock

Presenting Officer:     Samantha Eaton

 

Relevant Representations:         Environmental Health, the Metropolitan Police, Chiltern Court Resident’s Ltd, St Marylebone Society, Baker Street News and five residents.

 

Present: Ms Richard Arnot (Solicitor, representing the Applicant), Mr Craig Smith (Representing the Applicant Company), Mrs Sally Fabbricatore (Environmental Health), PC Brian Lewis (Metropolitan Police), Mr Richard Baker (Licensing and Planning Consultant, representing the residents), Mr Robert Wall (representing the Chiltern Court Residents Ltd and St Marylebone Society Member), Mr Roy Light, Jasvinder Randhawa, Mr McDonald (Local residents).

 

Co-operative, 190-192 Baker Street, NW1 5RT 18/03285/LIPN (“The Premises”)

1.

Sale by Retail of Alcohol – off sales

 

Monday to Sunday: 06:00 to 00:00

 

 

Amendments to application advised at hearing:

 

The Applicant amended the application for the sale of alcohol for consumption off the premises to between 08:00 and 23:00 hours Monday to Saturday and 10:00 to 22:30 on Sundays.

 

 

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

 

The Sub-Committee considered an application by Co-operative Group Food Ltd for a new premises licence in respect of Co-Operative, 190-192 Baker Street, London, NW1 5RT.

 

The Presenting Officer introduced the application to the Sub-Committee.

 

Mr Arnot (Applicant’s Representative) advised that the Applicant had withdrawn his application for Late Night Refreshment, had amended the application for the sale of alcohol for consumption off the Premises to between 08:00 and 23:00 hours Monday to Saturday and 10:00 to 22:30 hours on Sundays and amended the opening hours to Monday to Sunday: 06:00 hours to 23:00 hours accordingly.

 

 

Mr Arnot advised that the Premises would open in November 2018 and trade as a busy convenience store where it was hoped to also provide an alcohol offer. Alcohol sales would only account for approximately 15% of turnover, the Premises was not a dedicated off-licence and alcohol sales were ancillary to its function as a convenience store. The Applicant was very experienced and was aware of how to build up good relations with local residents and the Responsible Authorities. A Risk Manager was in place to help resolve any potential issues that might arise and details were provided of the extensive training staff received in alcohol sales. Other safeguards included the installation of CCTV at the Premises both internally and externally, requiring all tills to have age prompts and ensuring all beer and wine displays were located at the rear of the premises to try and prevent shoplifting. It was stated that the store would also have three personal licence holders, which meant it was unlikely that there would be a shift where one was not present in respect of alcohol sales. Mr Arnot said that the Applicant was very community minded and aimed to build up good relationships with local residents.

 

Mr Arnot explained it was the intention for the store to be open between 06:00 hours and 23:00  ...  view the full minutes text for item 2.

3.

26 Southampton Street, London, WC2E 7JA pdf icon PDF 750 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward / Cumulative Impact Area

26 Southampton Street

London

WC2E 7JA

New Premises Licence

18/04918/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 5th July 2018

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Samantha Eaton

 

Relevant Representations:         Licensing Authority

 

 

Present:  Mrs Lynette De La Vega (Applicant) and Roxsana Haq and Steve Rowe (Licensing Authority)

 

Abuelo, 26 Southampton Street, London WC2E 7JA (“The Premises”) 18/04918/LIPN (“The Premises”)

1.

Sale by retail of alcohol ‘On’

 

Monday to Thursday 10:00 to 22:00

Friday and Saturday 10:00 to 23:00

Sunday 10:00 to 22:00 hours

 

 

 

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 Abuelo Covent Garden Limited (“the Applicant”) for a New Premises licence in respect of 26 Southampton Street, London WC2E 7JA.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  The Applicant stated that she had considerable experience in the restaurant field and had owned a number of successful high-end restaurants in Australia and wanted to create that vision for these Premises. The Sub-Committee were advised that the cuisine was to be a fusion of Australian and Argentinian cultures.  The Sub-Committee noted that the Police, Environmental Health and the Convent Garden Community Association had all withdrawn their representations as conditions had been agreed with the Applicant. 

 

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

 

The Applicant advised this was an application for a new premises licence to allow the Sale of Alcohol ‘on’ the premises Monday to Thursday 10:00 to 22:00, Friday and Saturday 10:00 to 23:00 hours and Sunday 10:00 to 22:00 hours.  The Applicant advised that this was a small family run business all about enjoying good food, coffee and wine in a relaxing atmosphere.  The Sub-Committee heard that the business would not be viable without the ability to serve a glass of wine or a few beers with a table meal especially in the evenings.  The Sub-Committee noted the reason for wanting the sale of alcohol to start at 10am on Sunday was to enable customers to have a glass of champagne with their Sunday brunch should they wish to take up this offer.  The Applicant said that she wanted to be able to give her customers that particular choice as the basis for her decision. The Applicant confirmed that she had agreed to the model restaurant condition where all sale of alcohol would be ancillary to a substantial table meal.  

 

The Sub-Committee noted that the Police, Environmental Health and the Covent Garden Community Association had all withdrawn their representations as conditions had been agreed with the Applicant. The Applicant had agreed that spirits would only be served at the Premises in a cocktail drink.

 

The Licensing Authority had maintained their representation as the Premises was located within the West End Cumulative Impact Area and  ...  view the full minutes text for item 3.

4.

Café Fiori, 42 Cranbourn Street, London, WC2H 7JH pdf icon PDF 521 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

St James’s Ward / Cumulative Impact Area

Café Fiori

42 Cranbourn Street

London

WC2H 7JH

Premises Licence

Variation

18/03438/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 5th July 2018

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Samantha Eaton

 

Relevant Representations:         Metropolitan Police, Licensing Authority, Ward Councillor and Heart of London Business.

 

Present: Jonathan Smith (Poppleston Allen), Ariel Levy (Licence Holder), PC Adam Deweltz (Metropolitan Police), Licensing Authority (Steve Rowe), Councillor Louise Hyams (St James’s Ward) and Robin Hibbert (Heart of London Business).

 

Café Fiori, 42 Cranbourn Street, London WC2H 7JH (“The Premises”) 18/03438/LIPV

1.

To remove condition 20 from the licence which prevents any takeaway service being provided to customers between 03:00 and 05:00 daily.  All hours, activities and other conditions to remain as existing.

 

 

Amendments to application advised at hearing:

 

The Applicant made the following amendments to the application at the Licensing Sub-Committee Hearing:

 

To remove condition 20 from the licence which prevents any takeaway service being provided to customers between 03:00 and 05:00 on a Saturday and Sunday and Bank Holiday Mondays.  All hours, activities and other conditions to remain as existing.

 

The Applicant agreed to employ two door supervisors between 03:00 hours and 05:00 hours on a Saturday and Sunday and Bank Holiday Mondays but only when hot food and drink was being sold off the Premises during these times.

 

 

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

 

The Sub-Committee considered an application by Mr Levy Meir (“the Applicant”) for a variation to the Premises licence in respect of 42 Cranbourn Street, London WC2H 7JH.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that representations against this application had been made by the Police and the Licensing Authority and that representations in support for the application had been made by Councillor Hyams (St James’s Ward) and Heart of London Business. The Premises was located in the Council’s West End designated cumulative impact area. 

 

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

 

Mr Smith (Applicant’s Representative) advised that this was an application for a variation of a premises licence to remove Condition 20 from the licence which prevents any takeaway service being provided to customers between 03:00 and 05:00 on a Saturday and Sunday and Bank Holiday Mondays.  All hours, activities and other conditions on the licence were to remain the same.

 

Mr Smith advised that this was a family business which had been operating for the past 45 years in Leicester Square.  The Applicant was a member of the Heart of London Business Alliance which promoted a responsible night-time economy and the business actively promoted the Council’s Licensing objectives.

The Sub-Committee heard that there were no residential properties above the Premises and the Premises was located near Leicester Square Tube Station and the night buses.

 

Mr Smith advised that the Applicant had agreed to  ...  view the full minutes text for item 4.

5.

Woods Quay, Savoy Pier, Victoria Embankment, London, SW1A 2HR pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

St James’s Ward / not in cumulative impact area

Woods Quay

Savoy Pier

Victoria Embankment

London

SW1A 2HR

New

Premises Licence

18/05005/LIPN

 

Minutes:

This application was granted under Delegated Authority prior to the hearing.

6.

Rules Restaurant, 34-35 Maiden Lane, London, WC2E 7LB pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

St James’s Ward / Cumulative Impact Area

Rules Restaurant

34-35 Maiden Lane

London

WC2E 7LB

Premises Licence

Variation

18/04360/LIPV

 

Minutes:

This application was granted under Delegated Authority prior to the hearing.

7.

Rose Bakery, 18 - 21 Haymarket, London, SW1Y 4DQ pdf icon PDF 570 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

7.

St James’s Ward / Cumulative Impact Area

Rose Bakery

18 - 21 Haymarket

London

SW1Y 4DQ

New Premises Licence

18/05160/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 5th July 2018

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Samantha Eaton

 

Relevant Representations:         Licensing Authority

 

 

Present: Neil McCann (Chell-Joelson Law), Dover Street Market International (Dsmi) Limited (Applicant), Roxsana Haq and Steve Rowe (Licensing Authority)

 

Rose Bakery, 18-21 Haymarket, SW1Y 4DQ (“The Premises”) 18/05160/LIPN

1.

Sale by Retail of Alcohol – On Sales

 

Monday to Saturday: 11:00 to 19:40

Sunday: 12:00 to 19:40

 

 

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 Dover Street Market International (Dsmi) Limited, (“the Applicant”) for a New Premises licence in respect of Rose Bakery,18-21 Haymarket, SW1Y 4DQ.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Metropolitan Police Force and Environmental Health had withdrawn their representation as conditions had been agreed with the Applicant.  The Licensing Authority had maintained their representation as the Premises are located in the West End Cumulative Impact Area.

 

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

 

Mr McCann (Applicant’s Representative) stated that this was an application for a new premises licence for the Sale by Retail of Alcohol on the Premises from Monday to Saturday 11:00 to 19:40 and Sunday 12:00 to 19:40. 

 

The Sub-Committee heard that the Premises was an existing upmarket café within a retail unit and that it only traded when the retail unit was open.  The Bakery has no direct street access.  Rose Bakery was also located in overseas branches of Dover Street Markets.  Mr McCann circulated a sample menu and photographs of the cafe to the Sub-Committee and confirmed that conditions had been agreed with both the Police and Environmental Health.  The Sub-Committee further heard that the Premises was mainly a retail shop and therefore would not add to the cumulative impact within the cumulative impact area and that alcohol would be sold ancillary to a table meal.  In addition, Mr McCann advised that the Applicant was happy to add Model Condition 39 to the licence, which states that ‘the supply of alcohol shall be by waiter or waitress service only’.

 

Roxsana Haq and Steve Rowe (Licensing Authority) confirmed that the Premises was located in a cumulative impact area and as such Policy PB2 needed to be considered.  It was acknowledged that this was mainly a retail shop and that the addition of Model Condition 39 would be a benefit on the licence, however, it was for the Sub-Committee to decide if the application had demonstrated that it could be considered an exception to policy.

 

The Sub-Committee considered that this was mainly a retail shop and that there was no evidence to demonstrate that the Applicant would  ...  view the full minutes text for item 7.

8.

58 Old Compton Street, London W1D 4UF pdf icon PDF 4 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

8.

West End Ward / Cumulative Impact Area

58 Old Compton Street, London W1D 4UF

New Temporary Event Notice

18/07229/LITENP

 

Minutes:

This application was granted under Delegated Authority prior to the hearing.