Agenda and minutes

Licensing Sub-Committee (1) - Wednesday 3rd July, 2024 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

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

1.1           There were no changes to the membership.

 

1.2           Councillor Hamza Taouzzale sent his apologies for Item 3.

 

 

 

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       There were no declarations of interest.

1.

Tila Bruton Deli, 38 Bruton Place, W1J 6NX pdf icon PDF 4 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* None

 

** None

Tila Bruton Deli,  38 Bruton Place, W1J 6NX

Various to the Premises Licence

24/01652/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 3 July 2024

          

Membership:           Councillor Aziz Toki (Chair), Cllr Hamza Taouzzale and Councillor Melvyn Caplan

 

Officer Support:       Legal Adviser:                    Horatio Chance

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Katherine Stagg

                                 Presenting Officer:             Karyn Abbott

 

Other Parties:          Mr Alun Thomas (Thomas and Thomas, Agent for the Applicant), Mr Lahiru Jayasekakra (of the Applicant Company), Mr Anil Drayan (Environmental Health), Mr Ashley Bowes (Counsel representing Ms LP), Ms LP and Mr AN.

 

Application for a Variation of Premises Licence in respect of Tila Bruton Deli 38 Bruton Place London W1J 6NX 24/01652/LIPV

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Tila Bruton Deli 38 Bruton Place London W1J 6NX (“The Premises”). The Premises operates as a delicatessen. The Premises Licence Holder (“PLH”) is Tila Bruton Deli Limited. The Designated Premises Supervisor is Mr Lahiru Jayasekara.

The Premises has been licensed since 2022 under licence reference 21/11580/LIPN. The Premises are located within the West End Ward and do not fall within the West End Cumulative Impact Zone or any Special Consideration Zone.

There is no policy presumption to refuse an application of this type provided the licensing objectives are not undermined.

Representations were received from the Environmental Health Service (EHS) and four local residents citing concerns in respect of public nuisance and crime and disorder.

There is a resident count of 125.

Premises

 

38 Bruton Place

London

W1J 6NX

 

Premises Licence Holder

 

Tila Bruton Deli Limited

Ward

 

West End

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

N/A

 

Licensable Activities

 

As per the Premises Licence

 

Representations Received

 

  • Environmental Health Service (EHS)
  • 4 Interested Parties  (1 withdrawn on 10 June 2024)

 

Summary of Representations received

·       As applied, the premises seem to be morphing into a bar for which the Public Houses and Bars Policy PB1 applies.

·       Representation on ground of public nuisance and public safety to the application.

·       To supply alcohol for consumption on the premises, there is a requirement for customers to have access to sanitary facilities. 27 Bruton Place has a capacity of 100 persons which is predicated, among others, on the number of toilets available to customers. My proffering a condition that allows customer toilet at 27 to be available to customers at 38, applicant may be compromising the risk assessment that informed the capacity of 27 Bruton Place and by extension increasing the risk of public nuisance and public safety in the area.

·       Extending hours for the sale of alcohol to 11pm Mon-Sat and 10.30pm on Sunday (from a 9pm cut-off currently), significantly raises the risk of noise and disruption in Bruton Place, particularly close to numbers 36, 38 and 40 Bruton Place which are residential properties.

·       There is already very material and increased commercial activity in the street, including new licensed premises, which is having a very negative impact on residents including late night noise and disturbance as well as additional deliveries and  ...  view the full minutes text for item 1.

2.

25 Leinster Terrace W2 3ET pdf icon PDF 7 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Lancaster Gate

 

* None

 

** None

25 Leinster Terrace, W2 3ET

Variation to the Premises Licence

24/01996/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 3 July 2024

          

Membership:           Councillor Aziz Toki (Chair), Cllr Hamza Taouzzale and Councillor Melvyn Caplan

 

Officer Support:       Legal Adviser:                    Horatio Chance

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Katherine Stagg

                                 Presenting Officer:             Karyn Abbott

 

Other Parties:          Mr David Inzani (Poppleston Allen, Solicitor for the PLH),

Mr Gabriel Chipperfield (for the PLH), Ms Sally Fabbricatore (Environmental Health Service), Mr John Zamit (SEBRA).

 

Application for a Variation of Premises Licence in respect of 25 Leinster

Terrace London W2 3ET 24/01996/LIPV

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 25 Leinster Terrace London W2 3ET (“The Premises”). The Premises operates as an off licence and convenience store but is to be refitted to trade as a wine bar and delicatessen. The Premises Licence Holder (“PLH”) is 25 Leinster Terrace Limited. The Designated Premises Supervisor is Iqbal Ahmad.

 

The PLH seeks to vary the Premises Licence as follows:-

 

·       To alter the layout of the Premises so there will be a kitchen in the basement preparing food for service on the ground floor. On Sales of alcohol and food sales will be sold to seated customers. The capacity for the Premises is 40 seated people.

·       Deli produce and wines will also be available for Off Premises consumption, the alcohol sold will be in sealed containers.

 

The Premises has been licensed since November 2005 and are located within the Lancaster Gate Ward and do not fall within the West End CIZ or any Special Consideration Zone.

 

There is a resident count of 234.

 

Premises

 

25 Leinster Terrace

London

W2 3ET

 

Premises Licence Holder

 

25 Leinster Terrace Limited

 

Ward

 

Lancaster Gate

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

N/A

 

Proposed Licensable Activities

 

As per the Premises Licence

 

Representations Received

 

  • Environmental Health Service (EHS)
  • Metropolitan Police Service (MPS) (Withdrawn 12 June 2024).
  • South East Bayswater Residents Association (SEBRA).
  • 2 Interested Parties.

 

Summary of Representations Received:

 

·       The Metropolitan Police Service objects to this application as it is likely that if the application were to be granted, the premise would undermine the Prevention of Crime and Disorder licensing objective. The applicant has failed to demonstrate in the application that they can uphold and promote the licensing objectives. The applicant has not offered sufficient conditions and as such we object to this application. I would like to arrange a site visit to discuss with the applicant to discuss this application. I have made contact to arrange this. Further submissions will be submitted.

·       The introduction of on sales of alcohol may cause an increase in Public Nuisance in the area and may impact on Public Safety. The change to the layout may cause an increase in Public Nuisance in the area and may impact on Public Safety.

·       The application would likely impact on the licensing objective of 'prevention of public nuisance'. The premises is located in a short shopping street, just off  ...  view the full minutes text for item 2.

3.

Fei Er Cottage, 37 Strutton Ground, SW1P 2HY pdf icon PDF 625 KB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

 

* None

 

** None

Fei Er Cottage,     37 Strutton Ground, SW1P 2HY

New Premises Licence

24/01809/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 3 July 2024

          

Membership:           Councillor Aziz Toki (Chair) and Councillor Melvyn Caplan

 

Officer Support:       Legal Adviser:                    Horatio Chance

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Katherine Stagg

                                 Presenting Officer:             Karyn Abbott

 

Other Parties:          Ms Annie Tsang and Mr Paul Qiu (of the Applicant Company).

 

Application for a New Premises Licence in respect of China Centre Ltd T/a Fei

Er Cottage 37 Strutton Ground London SW1P 2HY 24/01809/LIPN

 

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of China Centre Ltd T/a Fei Er Cottage 37 Strutton Ground London SW1P 2HY (“The Premises”). The Premises operates as a Chinese Restaurant and Takeaway on the ground floor and Basement area and has done so for almost three decades.

 

The Premises had licence 11/01582/LIPN in 2011 (Gourmet) and a transfer in 2018 was to Bamboo Basket Neway, however, the licence lapsed in August 2020.

 

The Premises are located within the St James’s Ward and do not fall within the West End CIZ or any Special Consideration Zone.

 

There is no policy presumption to refuse a restaurant application of this type provided that the licensing objectives are not undermined.

 

Representations were received from the Environmental Health Service, Metropolitan Service and one local resident citing concerns regarding public nuisance and crime and disorder. However, the EHS and MPS withdrew their objections after agreeing conditions with the Applicant.

 

There is a resident count of 546.

 

Premises

 

Fei Er Cottage

37 Strutton Grove

London

SW1P 2HY

 

 

Applicant

 

China Centre Pimlico Ltd

 

Ward

 

St James’s

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

N/A

 

Proposed Licensable Activities

 

Sale by Retail of Alcohol (On and Off the Premises)

 

Monday to Sunday: 11:30 to 23:00

 

Seasonal Variations: New Years Eve from 11:30 to New Years Day 0300

 

Hours Open to the Public

 

Monday to Saturday: 11:30 to 22:00

 

Seasonal Variations: New Years Eve from 11:30 to New Years Day 0300

 

Representations Received

 

  • Environmental Health Service (EHS) (Withdrawn 15 May 2024).
  • Metropolitan Police Service (MPS) (Withdrawn 9 Apil 2024)
  • 1 Interested Party.

 

Summary of objections received:

·       I have attached a list of Police conditions, which I would like you to agree to. Most of these will mirror what’s in your application form, but for completeness and ease of reference for Westminster City Council Licensing Services, I have attached them in a word document. I look forward to hearing from you soon

·       The supply of alcohol may have the likely effect of causing an increase in Public Nuisance in the area and may also impact on Public Safety. The granting of the application as presented may have the likely effect of causing an increase in Public Nuisance in the area and may also impact on Public Safety. Additional EH conditions may be proposed to uphold the licensing objectives. Should you wish to discuss the matter further please do not hesitate to contact me.

·       I live in  ...  view the full minutes text for item 3.

4.

Ivy Asia Mayfair, 8-10 North Audley Street, W1K 6ZD pdf icon PDF 8 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

Ivy Asia Mayfair,  8-10 North Audley Street, W1K 6ZD

Various to the Premises Licence

24/01679/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

This application was Granted under Delegated Authority.