Agenda and minutes

To report any changes to the membership.

1.1       It was noted that 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.

This application was withdrawn by the Applicant after the publication of the report and before the hearing.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

9 NOVEMBER 2023

Membership:Councillor Aziz Toki (Chair) Councillor MD Shamsed Chowdhury and Councillor Jim Glen

Officer Support   Legal Adviser:              Michael Feeney

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:       Roxsana Haq

Application for a Shadow Premises Licence in respect of 84 – 86 Wardour Street London W1F 0TQ 23/04677/LIPSL

Other parties present: Stephen Elliot and Alun Thomas of Thomas & Thomas LLP on behalf of the Applicant, two local residents and Mr Brown (Westminster Citizens Advice) on behalf of one of the local residents

                                                     Full Decision

Premises

84 – 86 Wardour Street London W1F 0TQ

Applicant

Legal and General Assurance (Pensions Management) Ltd

Cumulative Impact Area

West End

Ward

West End

Special Consideration Zone

N/A

Summary of Application

The Sub-Committee has determined a shadow licence application under the same terms, plans and conditions as the granted licence 21/14512/LIPN.

There is a resident count of 173.

Representations received

•        Licensing Authority (WITHDRAWN)

•        1 Local resident

Summary of issues raised by objectors

The local resident believed that the grant of the shadow licence would have an adverse effect on the protection of children from harm, the prevention of crime and disorder and the prevention of public nuisance. The local resident believed that the grant of the shadow licence would increase late-night, loud and inebriated activity. The local resident asked for activities to cease at 11pm.

Policy Position

Policies CIP1, HRS1 and RNT1(B) apply under the City Council’s Statement of Licensing Policy apply (SLP).

SUBMISSIONS

With the agreement of all parties, the Sub-Committee considered the application alongside the application for a shadow licence in respect of Basement, 84-86 Wardour Street, London, W1F 0TQ. Ms Roxsana Haq outlined both applications at the beginning of the hearing. Each application has been determined on its own merits.

Mr Alun Thomas addressed the Sub-Committee explaining there was a licence for a venue called Vapiano and there was a low-profile licence, which is the basement only. Mr Thomas said these were both present at the same venue, but that one could not be used so long as the other was in effect. Mr Thomas said there was litigation ongoing, hence why the licences could not be transferred. Mr Thomas said that eventually there would only be one licence in effect. Mr Thomas said although these would technically be two new licences, they are not for new uses. As they are not new uses, Mr Thomas said this meant they did not add to cumulative impact on the area. Mr Thomas said it was recognised in the licensing policy of Westminster City Council that shadow licences would be granted.

Mr Thomas added that a line of communication between the Applicant and the local residents had now been opened, which could be used in future.

The Sub-Committee asked if Mr Thomas would be agreeable to MC97 regarding resurrection and Mr Thomas did not agree to this because it would not assist the Applicant if the tenant allowed a licence to  ...  view the full minutes text for item 2.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

9 NOVEMBER 2023

Membership:Councillor Aziz Toki (Chair) Councillor MD Shamsed Chowdhury and Councillor Jim Glen

Officer Support   Legal Adviser:              Michael Feeney

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:       Roxsana Haq

Application for a Shadow Premises Licence in respect of Basement 84-86 Wardour Street London W1F 0TQ 23/04676/LIPSL

Other parties present: Stephen Elliot and Alun Thomas of Thomas & Thomas LLP on behalf of the Applicant, two local residents and Mr Brown (Westminster Citizens Advice) on behalf of one of the local residents

                                                     Full Decision

Premises

Basement, 84-86 Wardour Street

Applicant

Legal and General Assurance (Pensions Management) Ltd

Cumulative Impact Area

West End

Ward

West End

Special Consideration Zone

N/A

Summary of Application

The Sub-Committee has determined a shadow licence application under the same terms, plans and conditions as the granted licence 21/02214/LIPT.

There is a resident count of 171.

Representations received

•        Licensing Authority (WITHDRAWN)

•        Environmental Health (WITHDRAWN)

•        1 Local resident

Summary of issues raised by objectors

Issues were raised concerning the late hour (04:00) of the shadow licence and the noise that may have been generated by the premises itself and the ingress and egress of people at such a late hour.

Policy Position

Policies CIP1, HRS1 and MD1 apply under the City Council’s Statement of Licensing Policy apply (SLP).

SUBMISSIONS

With the agreement of all parties, the Sub-Committee considered the application alongside the application for a shadow licence in respect of 84-86 Wardour Street, London, W1F 0TQ. Ms Roxsana Haq outlined both applications at the beginning of the hearing. Each application has been determined on its own merits.

Mr Alun Thomas addressed the Sub-Committee explaining there was a licence for a venue called Vapiano and there was a low-profile licence, which is the basement only. Mr Thomas said these were both present at the same venue, but that one could not be used so long as the other was in effect. Mr Thomas said there was litigation ongoing, hence why the licences could not be transferred. Mr Thomas said that eventually there would only be one licence in effect. Mr Thomas said although these would technically be two new licences, they are not for new uses. As they are not new uses, Mr Thomas said this meant they did not add to cumulative impact on the area. Mr Thomas said it was recognised in the licensing policy of Westminster City Council that shadow licences would be granted.

Mr Thomas added that a line of communication between the Applicant and the local residents had now been opened, which could be used in future.

The Sub-Committee asked if Mr Thomas would be agreeable to MC97 regarding resurrection and Mr Thomas did not agree to this because it would not assist the Applicant if the tenant allowed a licence to lapse.

Mr Richard Brown on behalf of a local resident addressed the Sub-Committee and said that when the Vapiano licence was applied for it was confirmed that the low-profile  ...  view the full minutes text for item 3.