Agenda and draft minutes

Licensing Sub-Committee (1) - Thursday 9th January, 2020 10.00 am

Venue: Rooms 18.01 - 18.03 - 18th Floor, 64 Victoria Street, London, SW1E 6QP. View directions

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 07817054613

Items
No. Item

1.

Membership

To report any changes to the membership.

2.

Declarations of Interest

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

1.

8 Baker Street London W1U 3AA pdf icon PDF 12 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

Marylebone Ward /Not in Cumulative Impact Area

8 Baker Street London W1U 3AA

New

Premises

Licence

 

 

19/14847/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 9th January 2020

 

Membership:              Councillor Heather Acton (Chairman), Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Aaron Hardy

Presenting Officer:      Michelle Steward

 

Relevant Representations:         Environmental Health and Local Resident

 

Present: Jack Spiegler (Solicitor representing the Applicant) and Ian Watson (Environmental Health).

 

8 Baker Street, London, W1U 3AA

(“The Premises”)

19/14847/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

Seasonal Variations / Non-Standard Timings:

 

On Sundays immediately prior to bank holidays 12:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of 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 10 Portman Square Trustees No.1 and No.2 Limited (“The Applicant”) for a new premises licence in respect of 8 Baker Street, London W1U 3AA.

 

The Presenting Officer introduced the application.  She advised that the Police had withdrawn their representation as conditions had been agreed with the Applicant. She further advised that Environmental Health had maintained their representation on policy grounds and that a local resident had requested that the loading bay at the rear of the Premises was not used outside the hours stipulated in the planning consent – 19.00 and 07:30.  The Sub-Committee noted that the Premises are located in the West End Ward but not in a Cumulative Impact Area.

Mr Jack Spiegler, Solicitor, representing the Applicant, advised that this was an application for a new premises licence.  The Sub-Committee heard that the Applicant was seeking to permit late night refreshment indoors between the hours of 23:00 to 23:30 Monday to Thursday and 23:00 to 00:00 on Friday and Saturday.  It was also proposed for the sale of alcohol (on and off the premises) to be permitted between 10:00 to 23:30 Monday to Thursday, 10:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sundays. 

 

Mr Spiegler advised that the application was effectively to reinstate a lapsed premises licence on the same terms as previously permitted and that the only outstanding dispute was that the Applicant had requested that the condition ‘‘Norubbish, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours’ remained on the licence and was not changed to the hours – 19:00 and 07:30 that had been stipulated in the planning consent.  Mr Spiegler stated that the Applicant was not able to attend the hearing and that no further information had been received from the Applicant regarding their business model for the Premises.  Mr Spiegler confirmed that the condition regarding the ‘supply of alcohol at the premises was ancillary to a table meal’ remained on the licence.

 

Mr Ian Watson, representing the Environmental Health Service, advised that Environmental Health and one local resident had  ...  view the full minutes text for item 1.

2.

49-51 Carnaby Street London W1F 9PY pdf icon PDF 573 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

West End Ward/ West End Cumulative Impact Area

49-51 Carnaby Street London W1F 9PY

New

Premises

Licence

19/13884/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 9 January 2020

 

Membership:              Councillor Heather Acton (Chairman), Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Aaron Hardy

Presenting Officer:      Michelle Steward

 

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

 

Present: Alun Thomas (Solicitor, representing the Applicant), Andrew Fishwick and Handley Amos (on behalf of the Applicant Company), Shelley Webb and Lydia Clarkson (on behalf of the Landlord), PC Bryan Lewis, (Metropolitan Police), Anil Drayon (Environmental Health) and Karyn Abbott (Licensing Authority).

 

49-51 Carnaby Street, London, W1F 9PY

(“The Premises”)

19/13884/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Wednesday: 10:00 to 02:00

Thursday to Saturday: 10:00 to 03:00

Sunday: 12:00 to 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.

 

An additional hour on the morning that British Summer Time commences.

 

 

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 Fifty Carnaby Limited (“The Applicant”) for a new Premises licence in respect of Basement Unit G.15, 49-51 Carnaby Street, London W1F 9PY.

 

 

 

 

The Presenting officer introduced the application.  She advised that Environmental Health, the Police and the Licensing Authority had maintained their representation on policy grounds.  She further advised that the Soho Society had also made a representation on the grounds of prevention of crime and disorder, prevention of public nuisance and cumulative impact in the West End Cumulative Impact Area.  The Premises are located in the West End Ward and the West End Cumulative Impact Area.

 

Mr Thomas, (Solicitor, representing the Applicant), advised that the Sub-Committee had before it an application for a new Premises licence with planning permission granted to operate the Premises as a live music venue.  He advised that the Applicant had applied for Live Music and was seeking topermit late night refreshments indoors between the hours of 23:00 to 02:00 Monday to Wednesday, 23:00 to 03:00 Thursday to Saturday and 23:00 to 00:00 on Sunday.  He further advised that the Applicant was proposing that the sale of alcohol (on the premises) be permitted between 10:00 to 02:00 Monday to Wednesday, 10:00 to 03:00 Thursday and Saturday and 12:00 to 00:00 on Sundays. 

 

Mr Thomas gave a detailed presentation about the history of the Premises, its location and the surrounding neighbourhood.  He confirmed that the Premises was situated in Kingly Court, albeit the postal address was Carnaby Street.  He advised that the Freeholder was Shaftesbury who were a major stakeholder in Soho, had a unique and bespoke policy of fostering and maintaining local culture and economy and who were known to be a responsible landlord.  The Sub-Committee heard that both Shaftesbury and the Applicant wished to turn the Premises into a live music venue with a capacity of 120 persons to add to the diversification of uses  ...  view the full minutes text for item 2.

3.

44 Old Compton Street London W1D 4TY pdf icon PDF 799 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

West End Ward/West End Cumulative Impact Area

44 Old Compton Street London W1D 4TY

New Premises Licence

19/13568/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 9th January 2020

 

Membership:              Councillor Heather Acton (Chairman), Councillor Jen Glen and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Aaron Hardy

Presenting Officer:      Michelle Steward

 

Relevant Representations:         Environmental Health, Licensing Authority and Soho Society

 

Present: Martin Young (solicitor representing the Applicant),Amedeo Aterrano (representing Six Italian T/a L’antica Pizzeria Da Michele Ltd), Maxwell Koduah (Environmental Health) and Karyn Abbott (Licensing Authority).

 

44 Old Compton Street, London, W1D 4TY

(“The Premises”)

19/13568/LIPN

 

1.

Sale by Retail of Alcohol – On Sales Only

 

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

 

Seasonal Variations / Non-Standard Timings:

 

None

 

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 Six Italian Food T/a L’antica Pizzeria Da Michele Ltd (“The Applicant”) for a new premises licence in respect of 44 Old Compton Street, London W1D 4TY.

 

The Presenting officer introduced the application.  She advised that the Police had withdrawn their representation as conditions had been agreed with the Applicant.  She further advised that Environmental Health, the Licensing Authority and the Soho Society had maintained their representation on policy grounds.  The Sub-Committee noted that the Premises is located in the West End Ward and in the West End Cumulative Impact Area.

 

 

 

Mr Young, representing the Applicant, advised that this was an application for a new premises licence to operate as a restaurant and Pizzeria serving a variety of food and beverages (the premises was previously licensed as Patisserie Valerie until it went into administration in 2018).  Mr Young stated that the Applicant was seeking to permit late night refreshment indoors between the hours of 23:00 to 00:30 Monday to Sunday and the sale of alcohol (on the premises) between 10:00 to 00:00 Monday to Saturday and 12:00 to 22:30 Sundays.  The Sub-Committee noted that during consultation the Applicant agreed with the Licensing Authority to remove Live Music and Recorded Music from their operating schedule. 

 

Mr Young introduced Mr Amedeo Aterrano (the Applicant) who currently managed a restaurant and Pizzeria located in Baker Street.  Mr Young advised that Mr Aterrano now wished to expand into Soho and had secured the lease for 44 Compton Street as it had been his understanding that the transfer of the licence from Patisserie Valerie would be relevantly easy.  However, during the

closure of Patisserie Valerie no-one had taken into consideration the transfer of the licence of the premise which had resulted in Mr Aterrano needing to apply for a new premises licence on the same terms as the one still held by Patisserie Valerie.  Mr Young emphasised that the Premises had received no adverse complaints regarding the operation of the licence and that no individual residents living either side of the Premises had made a representation against the application.  He further confirmed that the restaurant model condition would continue to be attached to the licence and as a restaurant the premises would not  ...  view the full minutes text for item 3.