Agenda and minutes

Licensing Sub-Committee (1) - Thursday 7th September, 2023 10.00 am

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

Contact: Sarah Craddock, Committee and Councillor Co-ordinator  Email:  scraddock@westminster.gov.uk Tel: 0779098018

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

1.1       It was noted that there were no 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.

Minutes:

2.1       It was noted that there were no declarations of interest.

1.

Jeru, 11 Berkeley Street, W1J 8DS pdf icon PDF 13 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* None

 

** Mayfair

Jeru

11 Berkeley Street

W1J 8DS

 

New Premises Licence

23/03922/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 7 September 2023

 

Membership:           Councillor Aziz Toki (Chair) Councillor Iman Less and Councillor Louise Hyams

 

Officer Support:       Legal Adviser:                    Michael Feeney

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties:  Craig Baylis (Solicitor, Keystone Law, on behalf of the Applicant), Karyn Abbott (Licensing Authority), James Hayes (City Inspector) as a witness for the Licensing Authority, Anil Drayan (Environmental Health Service), Richard Brown (Solicitor, Licensing Advice Project, representing Mike Dunn and 17 Berkeley Street Resident’s Association) and Dr Irena Timofeeva.

 

Application for a New Premises Licence in respect of Jeru 11 Berkeley Street London W1J 8DS 23/03922/LIPN

 

Full Decision

Premises: 

 

Jeru

11 Berkeley Street

London

W1J 8DS

 

Applicant

 

11 Berkeley Street Ltd

 

Ward

 

West End

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

Mayfair

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence in respect of the above premises under the Licensing Act 2003 (“The Act”). The Premises currently operates under licence number 23/02945/LIPDPS on the basement and ground floor levels only. A copy of the current premises licence can be viewed at Appendix 4 of the agenda report along with the Premises history at Appendix 5.

 

The Applicant has provided a supporting statement and training certificates for staff and management. These can be found at Appendix 3 of the agenda report.

 

The Premises is situated within the West End Ward and the Mayfair Special Consideration Zone but not located in the West End Cumulative Impact Zone. There is no policy presumption to refuse the application.

 

The intended use of the Premises is a restaurant with an ancillary bar in the basement, ground and first floors plus a bakery/patisserie on the ground floor. The application seeks to add Live Music on Fridays and Saturdays until 01:00 and would extend the licensable activities to the first floor of the building as an extension to the restaurant area.

 

There is a resident count of 36.

 

The application seeks the following:

 

Hours Premises Are Open to the Public

Monday-Thursday: 07:00 to 23:30

Friday-Saturday: 07:00 to 01:00

Sunday: 07:00 to 22:30

Sundays before bank holidays 07:00 to midnight.

 

Live Music Indoors

Monday-Thursday: N/A

Friday-Saturday: 23:00 to 01:00

Sunday: N/A

 

Recorded Music Indoors

Monday-Thursday: 23:00 to 23:30

Friday-Saturday: 23:00 to 01:00

Sunday: N/A

Sundays before bank holidays 22:30 to midnight.

 

Late Night Refreshment Indoors

Monday-Thursday: 23:00 to 23:30

Friday-Saturday: 23:00 to 01:00

Sunday: N/A

Sundays before bank holidays 23:00 to midnight.

 

Sale by Retail of Alcohol On and Off Sales

Monday-Thursday: 10:00 to 23:30

Friday-Saturday: 10:00 to 01:00

Sunday: Noon to 22:30

Sundays before bank holidays noon to midnight.

 

Representations Received

 

  • The Licensing Authority (Karyn Abbott)
  • The Environmental Health Service (Anil Drayan) (EHS)
  • The Metropolitan Police Service (Adam Deweltz) (MPS)- Withdrawn
  • 17 Berkeley Street Residents Association
  • Mike Dunn Flat 32 129 Park Street London W1K 7JB
  • Ahmad Reza Salar-Boroumand 10 Berkeley Street London W1J 8DP
  • Irena Timofeeva 10 Berkeley Street London W1J 8DP

 

Issues raised  ...  view the full minutes text for item 1.

2.

38 Curzon Street, W1J 7TY pdf icon PDF 2 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* None

 

** None

38 Curzon Street

W1J 7TY

 

New Premises Licence

23/03999/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

The application was withdrawn by the Applicant before the hearing.

3.

74 Broadwick Street, W1F 9QZ pdf icon PDF 8 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

74 Broadwick Street

W1F 9QZ

 

New Premises Licence

23/02674/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 7 September 2023

 

Membership:           Councillor Aziz Toki (Chair) and Councillor Iman Less

 

Officer Support:       Legal Adviser:                    Michael Feeney

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties: Alun Thomas (Solicitor, Thomas and Thomas Partners), George Hudson (Soho Live Venues Limited), Richard Vivian (Big Sky Acoustic) and Fred Nash (Ronnie Scott’s Jazz Club) on behalf of the Applicant, Jennifer Slade (Shaftesbury Capital PLC), Rupert Power (Soho Business Society), Karyn Abbott and James Hayes (Licensing Authority), Anil Drayan (Environmental Health Service), James Rankin (Counsel, Francis Taylor Building) and PC Steve Muldoon on behalf of the Metropolitan Police Service, Richard Brown (Solicitor, Licensing Advice Project), Tim Lord, Marina Tempia and Andrew Bancroft on behalf of the Soho Society, Simon Osborne-Smith and Tim Barrett (Interested Parties).

 

Application for a New Premises Licence in respect of 74 Broadwick Street London W1F 9QZ 23/02674/LIPN

 

Full Decision

Premises: 

 

74 Broadwick Street

London

W1F 9QZ

 

Applicant

 

Soho Live Venues Limited

 

Ward

 

West End

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

N/A

 

 

 

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence in respect of the above premises under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a live music jazz venue and as a recording and production studio during the day, alongside occasional educational use. A copy of the Premises Plans can be viewed at Appendix 1 of the agenda report, and a list of the conditions proposed as part of the Application can be viewed at Appendix 4. This is a new premises application and therefore no premises licence history exists.

 

The Applicant has provided supporting documents, including a crime analysis report, a letter of support, an acoustic report, a planning acoustic report, a copy of the Premises’ planning permission, a dispersal policy and plans. These can be found at Appendix 2 of the agenda report. A summary of proposals, a Noise Impact Assessment & Mitigation Strategy and appendices from the crime analysis report are included in the Additional Information Pack.

 

The Premises are situated within the West End Ward and within the West End Cumulative Impact Area. During the hearing, the Applicant amended the application so that the licensable activity of ‘Performance of Dance’ no longer formed part of the Application. On that basis, the Premises falls within the definition of ‘cultural venue’ as given in policy CCS0S1. Policy CIP1 states that applications for cultural venues within the West End Cumulative Impact Area ‘will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.’ 

 

During the hearing, the Applicant also confirmed that the application was being amended to reduce the hours sought for sale by retail of alcohol by half an hour each day. During the hearing, the Applicant also proposed additional conditions, as set out in the Submissions section below.

 

The matter has been assessed on its individual merits having regard to  ...  view the full minutes text for item 3.

4.

Maison Estelle, 6 Grafton Street, W1S 4EQ pdf icon PDF 27 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* None

 

** None

Maison Estelle

6 Grafton Street

W1S 4EQ

 

Premises Licence Variation

23/01877/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 7 September 2023

 

Membership:           Councillor Aziz Toki (Chair) and Councillor Iman Less

 

Officer Support:       Legal Adviser:                    Michael Feeney

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties:  Jack Spiegler (Solicitor, Thomas and Thomas Partners), Michael Thomas-Ryan (Managing Director and DPS of the Applicant) and Richard Vivian (Big Sky Acoustics) on behalf of the Applicant and Sue Irons (Solicitor, Laytons) and Simon Pook (Solutions Tailormade Ltd) on behalf of the Interested Party

 

Application for a Premises Licence Variation in respect of Maison Estelle 6 Grafton Street London W1S 4EQ 23/01877/LIPV

 

Full Decision

Premises: 

 

Maison Estelle

6 Grafton Street

London W1S 4EQ

 

 

Applicant

 

Maison Estelle Limited

 

Ward

 

West End

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

Summary of Application

 

The Sub-Committee has determined an application for variation of a Premises Licence in respect of the above premises under the Licensing Act 2003 (“The Act”). The Premises operates as a Private Members’ Club from a Grade 1 listed Georgian Building. The Application proposes to vary the existing premises licence by regularising the existing terminal hours for the Basement and Lower Ground Floor on Wednesday to Saturday and to extend hours across all floors Monday to Saturday. No changes are being sought to existing conditions, any licensable activities on Sundays or non-standard timings. A list of the conditions proposed with the Application can be found at Appendix 5 of the agenda report.

 

The Premises has had the benefit of a premises licence since 2017. The current premises licence (22/11947/LIPVM) can be viewed at Appendix 1 of the agenda report along with the premises licence history at Appendix 4.

 

The Applicant has provided supporting documents, including a summary of proposals, an acoustic report, two reports from an independent licensing consultant a dispersal policy, a letter to the objector dated 5 June 2023 and a premises brochure. These can be found at Appendix 2 of the agenda report. A copy of documents submitted by the Interested Party ahead of the hearing on 27 July 2023 including submissions made to the Council and an ‘Event Log’ of noise disturbance can be found at Appendix 3 of the agenda report.

 

The Premises are situated within the West End Ward but not within a Cumulative Impact Area or a Special Consideration Zone. There is no policy presumption to refuse the application.

 

There is a resident count of 5.

 

The application seeks the following:

 

Hours Premises Are Open to the Public on All Floors

Monday to Saturday:07:00 to 03:00

Sunday:07:00 to 01:30

An additional hour when British Summertime commences.

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

Permitted hours on Sundays immediately before Bank Holiday Mondays the same as permitted hours on Fridays and Saturdays.

 

Regulated Entertainment Including Performance of Dance, Exhibition of a Film, Performance of Live Music, Playing of Recorded Music, Performance of a Play and Anything of a Similar  ...  view the full minutes text for item 4.