Agenda and minutes

To report any changes to the membership.

1.1       There were no changes to the membership.

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.

2.1       There were no declarations of interest.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Marylebone High Street None* None**	Douglas House, 131-151 Great Titchfield St, W1W 5BB	New Premises Licence	22/02079/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

 (“The Committee”)

 

Wednesday 15^th June 2022

 

Membership:           Councillor Aziz Toki (Chairman) and Councillor Judith Southern and Councillor Tim Mitchell.

 

Officer Support        Legal Advisor:           Steve Burnett

                                Policy Officer:             Aaron Hardy

                                Committee Officer:  Jack Robinson

                                Presenting Officer:           Jessica Donovan

 

Others present:       Craig Bayliss (Solicitor, Kingsely Napley LLP), Tali Meyerowitz, Building Manager, Tog Uk Properties Limited, Dave Nevitt (Environmental Health Service), Richard Brown (Solicitor, Westminster’s Citizens Advice) representing Yoram Blumann (Fitzrovia Neighbourhood Association).

 

 

Application for a New Premises Licence – Douglas House, 131-151 Great Titchfield Street, London W1W 5BB – 22/02079/LIPN

 

FULL DECISION

 

 

Premises

 

Douglas House,

131-151 Great Titchfield Street,

London W1W 5BB

 

Applicant

 

Tog Uk Properties Limited

 

Ward

 

Marylebone High Street

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for

 

Sale by retail of alcohol [on sales]

 

Monday to Friday 12.00 to 22:00

 

Opening Hours (Premises is not open to the Public)

 

Monday to Sunday 00:01 to 00:00

 

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises operates as an office space and the proposed sale of alcohol will be to workers employed at the premises or those attending meetings or pre-booked functions or events.

 

The public will have no access generally to the Premises. 

 

The application for the sale of alcohol was originally for Westminster’s Core Hours but this was subsequently reduced.

 

Representations Received

 

·       Dave Nevitt - Environmental Health Service

·       Fitzrovia Neighbourhood Association (opposing)

·       6 Local Residents (2 have withdrawn their representations)

 

Summary of Representations

 

·       The Environmental Health Service have made a representation that the application may have the likely effect of causing an increase in Public Nuisance and may impact Public Safety within the area.

 

·       The Fitzrovia Neighbourhood Association have made representations that the area is highly residential, and the grant of the application is likely to cause public nuisance from noisy and frequent events, inadequate noise insulation, traffic and taxi noise, and as a result of the unlimited capacity of the premises.

 

·       Other residential concerns are that the Premises will cause disturbance from deliveries, interfere with resident’s rest, encourage anti-social behaviour, pest and environmental issues and additional traffic noise.

 

 

 

 

 

Policy Position

 

 

HRS1

·       Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

 

PB1

·       Applications outside the West End Cumulative Zone will generally be granted subject to:

 

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2. The hours for licensable activities being within the council’s Core Hours Policy HRS1.

 

 

SUBMISSIONS AND REASONS

 

1.     The Presenting Officer, Ms Jessica Donovan introduced the application and advised that the application was for a  ...  view the full minutes text for item 1.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Lancaster Gate   * None   ** Queensway And Bayswater	AMK Food and Wine 35B Queensway London W2 4QJ	Review of a Premises Licence	22/02885/LIREVP
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1 (“Committee”)

 

Full Review Decision

 

Wednesday 15^th June 2022

 

Membership:           Councillor Aziz Toki (Chairman) and Councillor Judith Southern and Councillor Tim Mitchell.

 

AMK Food and Wine, 35B Queensway, London W2 4QJ (“Premises”)

22/02885/LIREVP

The Metropolitan Police Service (Police) made an application on the 16^th March 2022 to review the above Premises Licence pursuant to Section 52 of the Licensing Act 2003 (the “Act”) as the Police considered the Premises was associated with the sale of alcohol to a person or persons under the age of 18 and therefore failed to promote the licensing objectives and which includes, the protection of children from harm.

 

The Premises Licence Holder (PLH) is AMK Innovation Limited, whose sole director and the Designated Premises Supervisor (DPS) is Mr Mustafa Alkfiray.

 

Officers present:

 

Steve Burnett - The Legal Advisor

Jessica Donovan - The Presenting Officer
Jack Robinson - The Committee Officer

Persons attending the hearing:

For the Police (the Applicant):     

Michael Rhimes,- Counsel for the Applicant

PC Adam Deweltz

PC Reaz Guerra

 

Other Parties:

 

Karyn Abbott – Licensing Authority

David Nevitt – Environmental Health

Chelsea Coleman – Neighbourhood Coordinator

Richard Brown – Westminster’s Citizens Advice on behalf of South East Bayswater Residents Association (SEBRA)

John Zamit-SEBRA

Councillor Laila Dupuy – Resident and Ward Councillor

Margot Bright – Interested party

 

The PLH

 

Mr Baleegh Jbara – Legal Consultant

Mr Mustafa Alkfiray – DPS and PLH

 

Activities and Hours

 

The Premises operates as an off-licence store and is permitted the sale by retail of alcohol for consumption off the premises for the following hours: -

Monday to Saturday 08:00 to 23:00

Sundays 10.00 to 22.30
                    
Opening Hours

 

Monday to Saturday 08:00 to 23:00

Sundays 10.00 to 22.30

Preliminary Matters:

The PLH made a request for video footage he had collated, to be presented and used as evidence in support of his case. This evidence had not been previously disclosed to the parties, or to the Committee.

 

Mr Burnett, Legal Adviser to the Committee referred all parties to the provisions of regulation 18 of The Licensing Act 2003 (Hearings) Regulations 2005 which states:

 

“Representations and supporting information

 

18.  In considering any representations or notice made by a party the authority may take into account documentary or other information produced by a party in support of their application, representations or notice (as applicable) either before the hearing or, with the consent of all the other parties, at the hearing.”

 

The Applicant and all other parties did not consent to the PLH using the CCTV footage as evidence.

 

The Committee, on advice from Mr Burnett, suggested that the Applicant and parties viewed the CCTV footage, to decide whether it was reasonable to withhold their consent, and that the PLH consider whether details of the CCTV footage could be given orally.

 

After a short adjournment, all parties confirmed their consent and agreed to the CCTV footage being shown and used as evidence by the PLH.

 

Hearing

 

1.          The Chairman introduced the Members  ...  view the full minutes text for item 2.