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   * None   ** None	Shawarma N More 123 Baker Street W1V 6RZ	Premises Licence Variation	22/09054/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB- COMMITTEE NO. 1

(“The Committee”)

 

Thursday 1 December 2022 – Item 1

 

Membership:           Councillor Aziz Toki (Chairman)

                                Councillor Iman Less and Councillor Melvyn Caplan.

 

Officer Support:       Legal Advisor:         Viviene Walker

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Roxsana Haq

 

Other Parties:          Shekhar Bharania (Philip Jones Legal on behalf of the Applicant, Shawarma N More Limited) and Mushtaq Ali (Owner of Shawarma N More)

 

Maxwell Koduah (Environmental Health)

Dave Morgan (Metropolitan Police Service)

 

Asitha Ranatunga, (Cornerstone Barristers representing Bickenhall Freehold Limited), Richard Brown, (Citizens Advice Westminster) representing The Marylebone Association, Barbara Malcolm (McGlashans Property Services), Salim Khoury (local resident), John Evans (local resident), Guy Austin (Marylebone Association), Michael Elford (Bikenhall Freehold Limited) and Councillor Barbara Arzymanow (Marylebone Ward).

                             

Application for Variation of a Premises Licence – Shawarma N More 123 Baker Street London W1U 6RZ – 22/09054/LIPV

 

                                           Full Decision

Premises

 

Shawarma N More

123 Baker Street

London W1V 6RZ

 

Applicant

Shawarma N More Limited

 

Ward

Marylebone

 

Cumulative Impact Area

N/A

 

Special Consideration Zone

N/A

 

 

Activities and Hours applied for

 

·       Late Night Refreshment (Indoors and Outdoors)

Monday to Sunday 23:00 to 03:00 hours

 

·       Hours Premises are Open to the Public

Monday to Sunday 10:00 to 03:00 hours

         

Summary of Application

 

This is an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises propose to extend the hours for Late Night Refreshment (Indoors and Outdoors) 23:00 to 03:00 hours and the Opening Hours 10:00 to 03:00 hours Monday to Sunday. The Premises have had the benefit of a licence since July 2022 under reference 22/01952/LIPN.  The Sub Committee noted the supporting documents provided by the Applicant at pages 41 to 49 of the main report.

 

Representations Received

 

·       Metropolitan Police Service (Dave Morgan)

·       Environmental Health Service (Maxwell Koduah)

·       Ward Councillor (Cllr Barbara Arzymanow)

·       Marylebone Association (Guy Austin)

·       Bickenhall Freehold Limited (Asitha Ranatunga)

·       53 Local Residents

 

Summary of Representations

 

·       This application if granted would undermine the licensing objectives, namely, the Prevention of Crime and Disorder.

·       The hours requested to provide late night refreshment may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

·       The proposed late night food service will result in customers consuming food on the pavement outside the establishment as there is no sizeable indoor  seating at the premises.

·       The provision of late-night refreshment will cause noise, litter, crime and traffic in the area.

·       We do not want this business to become a destination venue for those who have been out drinking until 3am.

·       This application impacts the objectives of preventing public nuisance and crime and disorder.

·       This application will not promote the licensing objectives, namely, the Prevention of Public Nuisance, Crime and Disorder and the Protection of Children from Harm.

·       The premises are in a highly residential area. Residents would be subjected to having their quiet enjoyment/sleep disturbed into the early hours.

·       The granting of this application would set a new  ...  view the full minutes text for item 1.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Marylebone   * None   ** None	St Mary’s Church Wyndham Place W1H 1EA	New Premises Licence	22/08966/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1

(“The Committee”)

 

Thursday 1 December 2022 – Item 2

 

Membership:      Councillor Aziz Toki (Chairman)

                           Councillor Iman Less and Councillor Melvyn Caplan.

 

Officer Support:       Legal Advisor:         Viviene Walker

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Roxsana Haq

 

Other Parties:          Chris Grunert (from John Bolton and partners representing the Applicant) and Charlotte Anderson and Sally Watson (representing the Applicant)

 

Sally Fabbricatore (Environmental Health Service)

Councillor Barbara Azymanow (Ward Councillor for Marylebone Ward)

 

Application for a New Premises Licence – St Mary’s Church Wyndham Place London W1H 1EA – 22/08966/LIPN

 

                                           Full Decision

 

Premises

 

St Mary’s Church

Wyndham Place

London W1H 1EA

 

Applicant

 

The PCC of St Mary Bryanston Square with St Mark

 

Ward

 

Marylebone

 

Cumulative Impact Zone

 

N/A

 

Special Consideration Zone

 

N/A

                                                    

Activities and Hours applied for

 

·       Sale by Retail of Alcohol (On Sales)

Monday to Sunday 11:00 to 22:30 hours

 

·       Hours Premises are open to the Public

Monday to Sunday 08:00 to 00:00 hours

 

Seasonal Variations: On occasion the venue may be accessed from

05:00 hours by clients and staff for events and close at midnight but

the public vacate by 23:00 hours (standard event end time is 22:30 hours)

 

Summary of the Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises are a church which is rented as an events venue from Monday to Saturday 08:00 to 22:30 hours with staff on site until 00:00 hours.

 

The Premises are located in the Marylebone Ward but not within the Cumulative Impact Zone or the Special Consideration Zone.  Applications outside the West End Cumulative Impact Zone will generally be granted subject to matters identified in Policy CCSOS1.  There is a resident count of 242.

 

 

Representations Received

 

·       Environmental Health Service (Sally Fabbricatore)

·       Ward Councillor (Cllr Karen Scarborough)

 

Issues raised by Objectors

 

·       The granting of the new Premises Licence as presented would have the likely effect of causing an increase in Public Nuisance in the area and may impact on Public Safety.

·       The application will not promote the licensing objectives, namely, Prevention of Public Nuisance, Crime and Disorder and the Protection of Children from Harm.

·       There is concern in relation to the capacity of the venue to hold events selling alcohol that would lead to a public nuisance on dispersal.

 

 

 

 

Policy Position

 

CCSOS1

 

Applications outside the West End Cumulative Impact 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.

3.     The application and operation of the venue meeting the definition of a cinema, cultural venue, live sporting premises or outdoor space as per Clause C.

 

HRS1

 

Applications within the core hours set out in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

 

SUBMISSIONS AND REASONS

 

Mr Chris Grunert, representing the Applicant addressed the  ...  view the full minutes text for item 2.