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       It was noted that there were no declarations of interest.

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

Thursday 18 July 2024

Application for a New Premises in respect of 14-22 Ganton Street, London, W1F 7BS.(Application Reference: 21/02690/LIPDPS)

Membership: Councillor Angela Piddock (Chair), Councillor Judith Southern and Councillor Tim Mitchell

Officer Support:       Legal Adviser:                    Michael Feeney

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Jessica Barnett

                                 Presenting Officer:             Jessica Donovan

Other Parties:          Alun Thomas (Applicant)

                                Richard Brown on behalf of the Soho Society

                                Marina Tempia (Soho Society)

Full Decision

Summary of the Application

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 14-22 Ganton Street, London, W1F 7BS. The application is for a shadow licence on the same terms as currently permitted by premises licence 21/02690/LIPDPS. 

Premises

14-22 Ganton Street

London

W1F 7BS

Applicant

Shaftesbury Av Limited

Ward

West End

Cumulative Impact Area

West End

Special Consideration Zone

None

Representations Received

• Licensing Authority (withdrawn 19 April)
• Soho Society

Policy Considerations

Policies CIP1, HRS1 and PB1 apply under the City Council’s Statement of Licensing Policy (“SLP”).

Submissions

The Chair introduced the Members of the Sub-Committee and outlined the procedure to the Parties in attendance. The Sub-Committee Members confirmed that they had no declarations of interest to make.

The Presenting Officer, Jessica Donovan, Senior Licensing Officer, introduced the application for a new shadow licence. She advised representations had been received from the Soho Society. A representation was also received from the Licensing Authority, however following agreement of conditions this was withdrawn on 19 April 2024. The premises was situated within the West End ward and fell within the West End Cumulative Impact Zone.

Mr Alun Thomas (Solicitor), representing the Applicant, addressed the Sub-Committee explaining that the application was for the exact same terms as the existing licence. Both licences were currently held by Shaftesbury Av Limited. He explained that as it is a shadow licence there is no additional impact in the Cumulative Impact Zone.

Mr Thomas brought to the Sub-Committee’s attention the condition he had proposed and agreed with the Licensing Authority within the supplemental papers, namely “This licence may only be used to authorise licensable activities if the primary premises licence 21/02690/LIPDPS (or successor reference) lapses, is surrendered, revoked suspended, cannot be transferred or is otherwise unusable”. Mr Thomas stated that this was beneficial from an enforcement point of view as it provided certainty as to which licence was in operation at any given time. Mr Thomas added that it was a condition that had been agreed on many occasions with the Licensing Authority.

Mr Thomas went on the explain that the Soho Society had requested that MC97 be added. He stated that while the first part of the condition was correct, the second part was not, as the shadow licence should take effect when/if the current licence lapses, is surrendered or revoked. He stated that this condition would therefore require them to submit a variation to remove the condition before they could use the shadow licence and on the variation application  ...  view the full minutes text for item 1.

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

Thursday 18 July 2024

Application for a New Premises in respect of Co London, 5-6 Park Close, London, SW16 7PQ (Application Ref: 24/02627/LIPN)

Membership: Councillor Angela Piddock (Chair), Councillor Judith Southern and Councillor Tim Mitchell

Officer Support:       Legal Adviser:                    Michael Feeney

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Jessica Barnett

                                 Presenting Officer:             Jessica Donovan

Other Parties:          Ms Tricker- LT Law (Agent for the Applicant)

                                Ms Brebanova (Applicant)

Full Decision

Summary of the Application

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Co London, 5-6 Park Close, London, SW16 7PQ.

The Premises operates as a coffee shop.

The Premises are located within the Knightsbridge & Belgravia Ward. 

There is a resident count of 65.

Premises

Co London

5-6 Park Close

London

SW16 7PQ

Applicant

Pontstreet9 Limited

Ward

Knightsbridge & Belgravia Ward

Cumulative Impact Area

None

Special Consideration Zone

None

Representations Received

• Environmental Health Service (withdrawn on 2^nd June)
• Knightsbridge Neighbourhood Forum (withdrawn on 2^nd June)
• One Interested Party

Policy Considerations

Policies HRS1 and RNT1 applies under the City Council’s Statement of Licensing Policy (“SLP”).

Submissions

The Chair introduced the Members of the Sub-Committee and outlined the procedure to the Parties in attendance. The Sub-Committee Members confirmed that they had no declarations of interest to make.

The Presenting Officer, Jessica Donovan, Senior Licensing Officer, introduced the application for a new premises licence. She advised that there was a typo in the report and the correct opening hours for the premises on Sunday were 08.30 – 22.30. She advised that representations had been received from two interested parties however following agreement of conditions one of those interested parties had withdrawn their representation on 2 June 2024. The remaining interested party was not in attendance. A representation had also been received from the Environmental Health Service however following agreement of conditions this was withdrawn on 2 June 2024. The premises was situated within the Knightsbridge & Belgravia ward and did not fall within the West End Cumulative Impact Zone or any Special Consideration Zone.

Ms Lana Tricker (Solicitor), representing the Applicant, addressed the Sub-Committee explaining that the business had been trading as a coffee shop/café for two and a half years and was frequented by local residents. The Applicant was applying for the sale of alcohol to complement the existing operation. She explained that they were not focused on late night activity which was reflected in the hours applied for. She also explained that conditions had been agreed with EHS. She addressed the remaining representation from an interested party explaining that they did not have outside seating, that the representation complained about a different premises and their application was to complement their existing activity.

In response to a question from the Sub-Committee, Ms Brebanova responded that guests would not be having excessive alcohol and the consumption of alcohol would be in addition to a sit down meal.

There was no summing up.

Reasons and Conclusion

1.     The Sub-Committee  ...  view the full minutes text for item 2.

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

Thursday 18 July 2024

Application for a New Premises in respect of Basement and Ground Floor, 13 Meard Street, London, W1F 0ES (Application Reference: 24/02387/LIPN)

Membership: Councillor Angela Piddock (Chair), Councillor Judith Southern and Councillor Tim Mitchell

Officer Support:       Legal Adviser:                    Michael Feeney

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Jessica Barnett

                                 Presenting Officer:             Jessica Donovan

Other Parties:          Duncan McLean (Applicant)

                                Fred Quartermain (Solicitor for the Applicant)

                                Anil Drayan (EHS)

                                David Doyle (London Fire Brigade), witness on behalf of EHS

                                Richard Brown (Soho Society and Interested Parties)

                                5 Interested Parties

                                Mr Wallace (Soho Housing)

                                Mr Vincent on behalf of the owners of 17 Meard Street

Full Decision

Summary of the Application

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Basement and Ground Floor, 13 Meard Street, London, W1F 0ES.

The Premises intends to operate as a gin distillery and shop on the ground floor, with a tasting room in the basement. 

There is a resident count of 156.

Premises

Basement and Ground Floor

13 Meard Street

London

W1F 0ES

Applicant

Pontstreet9 Limited

Ward

West End

Cumulative Impact Area

West End

Special Consideration Zone

None

Representations Received

• Environmental Health Service
• Licensing Authority (withdrawn 15 July)
• Twenty four interested parties (two withdrawn ahead of the hearing)

Policy Considerations

Policies CIP1, HRS1 and SHP1 apply under the City Council’s Statement of Licensing Policy (“SLP”).

Submissions

The Chair introduced the Members of the Sub-Committee and outlined the procedure to the Parties in attendance. The Sub-Committee Members confirmed that they had no declarations of interest to make.

The Presenting Officer, Jessica Donovan, Senior Licensing Officer, introduced the application for a new premises licence. She advised that a representation had been received from the Environmental Health Service who would be calling David Doyle from the London Fire Brigade as a witness, twenty-four representations were received from interested parties, two of which had subsequently been withdrawn following mediation and a representation from the Licencing Authority had also been withdrawn following mediation and an amendment to the application, on 15 July 2024. Ms Donovan confirmed that additional representations had been received and circulated to all parties.

Mr Duncan McLean, the Applicant, addressed the Sub-Committee explaining that they were a small business and giving a brief outline of their history to date. He stated that he wanted to be part of the community and had tried to communicate with residents.

Mr Fred Quartermain (Solicitor), representing the Applicant, addressed the Sub-Committee explaining that a previous incident which had occurred at the old premises involving a fire would not be a concern at the new premises as they had proposed new and different equipment to be used at the new site. He also advised that the distilling of alcohol was not a licensable activity and that the focus should not therefore be on distilling. The use of the property had been designed to minimise conflict opportunities with limited hours of business. He advised that  ...  view the full minutes text for item 3.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. (4)

INTERIM STEPS DECISION

Thursday 18 July 2024

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Tim Mitchell

Expedited Review of a Premises Licence in respect of Concept Club, 37 Duke Street, London W1U 1LN (“The Premises”)

The Metropolitan Police Service (“Police”) submitted an application for a Summary Review of the above Premises pursuant to Section 53A of the Licensing Act 2003 (“the Act”) on 16 July 2024 as the Police considered the Premises were associated with serious crime. The Premises Licence Holder (“PLH”) for the Licence is Electshow Ltd and the registered Designated Premises Supervisor is Kukaj Handrit.

The Full Review of the Premises will take place within 28 days of the date the application was made, being 16 July 2024. However, the purpose of today’s hearing is for the Sub-Committee to determine whether it is necessary to take any interim steps in respect of the licence pending the determination of the full review.

Persons attending the hearing

For the Police:

Ms Stephanie Bruce-Smith (Counsel)

PC Steve Muldoon

PC Dan Evans

For the Premises Licence Holder

Mr Gary Grant (Counsel)

Mr Julian Skeens

Officers present:

Presenting Officer – Sandra Robbie
Legal Adviser – Michael Feeney
Committee Officer - Jessica Barnett

Preliminary Matters:

1.          The Chair introduced the Members of the Sub-Committee and outlined the procedure to the Parties in attendance. The Sub-Committee Members confirmed that they had no declarations of interest to make.

2.          The Presenting Officer outlined the application explaining an expedited review of the licence had been brought by the Metropolitan Police. 

Submissions

3.     Ms Bruce-Smith explained that the incident triggering the expedited review occurred at what was advertised as an afterparty after a well-known music festival. During the afterparty a fight broke out at around 2:20am, with police being called. One person suffered a stab wound to the abdomen, another was unconscious with a head injury and a security guard suffered laceration injuries to their head. During the visit by police, the DPS informed police that he had had a bad feeling about the event and had decided to call the consultant. He had been advised to close the doors with no further entries, but at this point the Premises was already 16 people short of maximum capacity. The DPS did not call police when he knew or suspected that things had gone wrong; he only called police once he had lost control and three people had been injured.

4.     Ms Bruce-Smith submitted that it came to light during the Police’s visit to the Premises that the Premises was operating as a night club and that there were a number of breaches of conditions on the licence. Ms Bruce-Smith referred in particular to conditions 42-44 and stated that the Premises was in breach of these conditions as the Premises operated as a nightclub. Ms Bruce-Smith also stated that when police had asked to take away CCTV showing breaches of licensing conditions from the Saturday before the incident the  ...  view the full minutes text for item 4.