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.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1 

(“The Committee”) 

Wednesday 17 January 2024 

Membership:             Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Jim Glen 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Daisy Gadd 

Committee Officer:   Steve Clarke 

Presenting Officer:   Roxsana Haq 

Other Parties:             Jack Spiegler (Thomas & Thomas), Zoe Paskin (Zlny Limited), Layo Paskin (Zlny Limited), Maxwell Koduah (Environmental Health), Richard Brown (representing South East Bayswater Residents' Association) and John Zamit (South East Bayswater Residents' Association) 

Application for a New Premises Licence in respect of The Barbary, Basement and Ground Floor, 112 Westbourne Grove, W2 5RU (23/05789/LIPN) 

FULL DECISION 

Premises 

The Barbary   

Basement and Ground Floor   

112 Westbourne Grove   

London 

W2 5RU 

Applicant 

Zlny Limited 

Cumulative Impact Area 

None 

Special Consideration Zone 

Queensway and Bayswater 

Ward 

Bayswater 

Summary of Application 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The Applicant intends to operate the Premises as a restaurant.  

The premises previously benefitted from a premises licence (14/07833/LIPN), but the licence lapsed due to the Licence Holder going into liquidation in January 2017. 

Representations Received 

·        Environmental Health Service 

·        Eight Interested Parties 

Summary of Issues Raised by Objectors 

Environmental Health Service 

·        The supply of alcohol and the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. 

Five Interested Parties (Objecting) 

·        There is already one restaurant in the building (Sunday in Brooklyn), which creates a number of problems for the owners and residents, such as food and oil spillage on common floors. The communal bin area on the restaurant side of the building is always filthy and there are vermin issues which also affect the sewage pump in the underground car park. 

·        The queues to the entrance of the proposed restaurant could be an issue for residents and for pedestrians, as it is situated on the corner of Chepstow Rd, right by traffic lights on a narrow pedestrian path. 

·        The selling of more alcohol in our building complex (on top of the existing restaurant) could cause more noise and rowdy behaviour in and just outside the building entrance on Chepstow Road. 

·        Concerns were raised about the level of noise that would emanate from the premises. 

·        Significant concerns were raised regarding the communal refuse area which was regularly in a poor state due to the existing restaurant in the building. 

Two Interested Parties (Supporting) 

·        There was support for the restaurant opening in the space occupied by the Maddox Gallery, which was noted as being overly quiet and disused. 

·        The original Barbary restaurant in Covent Garden was well run with the utmost hospitality. A Barbary restaurant would be a bonus for the community. 

South East Bayswater Residents' Association (SEBRA) 

·        Representations were made on the basis of the likely impact on the licensing objective of ‘prevention of public nuisance’ and the potential for nuisance within a residential area. 

·        The premises is located within the Council Licensing Policy Queensway/ Bayswater Special Consideration Zone, where there  ...  view the full minutes text for item 1.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1 

(“The Committee”) 

Wednesday 17 January 2024 

Membership:             Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Jim Glen 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Daisy Gadd 

Committee Officer:   Steve Clarke 

Presenting Officer:   Roxsana Haq 

Other Parties:             Jack Spiegler (Thomas & Thomas), Nathan Lowry (1WSBH Ltd), Anil Drayan (Environmental Health) 

Application for a New Premises Licences in respect of The Cherry Tree Yard Café, Basement and Ground Floor, 50 Shepherd Market, W1J 7QT 23/06673/LIPN

FULL DECISION 

Premises 

The Cherry Tree Yard Café   

Basement and Ground Floor   

50 Shepherd Market   

London 

W1J 7QT 

Applicant 

1WSHB Ltd 

Cumulative Impact Area 

None 

Special Consideration Zone 

None 

Ward 

West End 

Summary of Application 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. According to the applicant the Premises will operate as a continental style café/restaurant with bar. There will be a back of house area at the basement level, front of house area at ground floor area and external seating. 

This is a new application, and no licence history exists. 

Representations Received 

·        Environmental Health Service 

·        Metropolitan Police Service (withdrawn 13 December 2023) 

·        Four Interested Parties 

Summary of Issues Raised by Objectors 

Environmental Health Service 

·        The application may have an adverse impact on the Public Nuisance and Public Safety licensing objectives. 

·        Further information is also required on how nuisance from cooking shall be prevented and also status of the external seating i.e., is it on private forecourt or public highway. 

Metropolitan Police Service (withdrawn 13 December 2023) 

·        There is insufficient detail contained within the operating schedule to promote the licensing objectives. 

·        Following the agreement of conditions and amendment of hours for the sale of alcohol to commence at 10:00 the Metropolitan Police Service withdrew their objection on 13 December 2023. 

Four Interested Parties 

·        Object to the proposed opening hours and ask that these are reviewed and limited to 11pm. Shepherd Market residents are experiencing an enormous amount of noise from existing customers in establishments supposedly closing at 11pm, this will make it much worse and should be no exception to the others who also close at 11pm. 

·        There is already significant noise disruption from staff and customers that take in excess of 45mins-1hour or longer to clear customers after last orders, especially those sat outside, and then begin cleaning and clearing the premises. It is impossible to sleep until midnight because of this noise (with current restrictions at 11pm for almost all establishments), and with this planning to be 11:30pm/12:00am - it is going to get a lot worse. 

Submissions

1.     The Presenting Officer introduced the Application, highlighting that the premises did not fall within any Cumulative Impact Area or Special Consideration Zone. A representation had been received from the Environmental Health Service who were represented at the hearing by Anil Drayan. It was noted that another representation had originally been received by the Metropolitan Police Service, however this representation was later withdrawn following the agreement of conditions and amendment of  ...  view the full minutes text for item 2.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1 

(“The Committee”) 

Wednesday 17 January 2024 

Membership:             Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Jim Glen 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Daisy Gadd 

Committee Officer:   Steve Clarke 

Presenting Officer:   Roxsana Haq 

Other Parties:             Lana Tricker (LT Law), Terry Barnes (St James Projects Ltd), Anil Drayan (Environmental Health), PC Reaz Guerra (Metropolitan Police Service), Peter Heath (Interested Party) and Virginia Chichester (Interested Party)

Application for a Premises Licence Variation in respect of Aura, 48-49 St James’s Street, London SW1A 1JT 23/05693/LIPV 

FULL DECISION 

Premises 

Aura 

48-49 St James’s Street 

London  

SW1A 1JT 

Applicant 

St James Projects Ltd 

Cumulative Impact Area 

None 

Special Consideration Zone 

None 

Ward 

St James’s

Summary of Application 

The Sub-Committee has determined an application for Variation of a Premises Licence under the Licensing Act 2003. According to the application form, the premises will trade as a late night vibe dining premises and bar. 

The proposed variation is as follows: 

·        To vary the layout of the premises to include a reconfiguration of the kitchen, toilets and seating and bar area. 

·        To vary existing conditions 12, 22, 27, 32, 35 40, 42, 45, 51 and 53. 

·        To remove existing conditions 11, 13, 14, 29, 30, 31 and 48 

·        To add 11 new conditions. 

No change of hours is proposed. Full details of the proposed variation appear at sections 1-C to 1-F of the Committee report. 

Representations Received 

·        Metropolitan Police Service 

·        Environmental Health Service 

·        The St. James’s Conservation Trust 

·        Two Interested Parties 

Summary of Issues Raised by Objectors 

Metropolitan Police Service 

·        There is insufficient detail contained within the operating schedule to promote the licensing objectives. 

Environmental Health Service 

·        The proposals may undermine the Licensing Objectives of Public Safety and Prevention of Public Nuisance. 

The St. James’s Conservation Trust 

·        Object to the Licensing Application for proposals based on the site and capacity, the layout, hours of operation and conditions proposed for the “ex-Aura/Mistress of Mayfair” premises. 

·        The proposals breach the aims of the Licensing Objectives for this location and with negative impacts on: the historic Special Policy Area (SPA), Conservation Area, adjacent Listed Building settings and local residential and business amenity on and around St. James’s Street. 

·        The site premises at this junction of St. James’s Street and Piccadilly has apparently space in the proposed layout for a maximum of 210 internally, excluding staff. 

·        The St. James’s Conservation Trust, residents and businesses have a publicly known history of the site and management, with disorderly conduct and other issues related to long and late hours of operation. 

·        The St. James’s Conservation Trust has reviewed the Licence Application Conditions on the proposals and the diagrammatic plan submitted (which do not show any tables on the key to the plans, for the seating, although these are mentioned in parts of the Licence conditions, which does not give confidence in the proposed management of the site internally). 

·        The width of the access from frontage to railings is not sufficient for any queuing and smokers  ...  view the full minutes text for item 3.