Skip to main content

Agenda and draft minutes

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

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any 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.

1.

30 - 32 Foubert's Place, London, W1F 7PS pdf icon PDF 4 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

West End Ward/West End Cumulative Impact Area

30 - 32 Foubert's Place

London

W1F 7PS

New

Premises

Licence

19/09717/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10th October 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Licensing Authority and the Soho Society

 

Present: Jack Spiegler (Solicitor, representing the Applicant), Mesut Baki Efe (Project Manager on behalf of the Applicant) and Karyn Abbott (Licensing Authority).

 

30-32 Foubert’s Place, London, W1F 7PS

(“The Premises”)

19/09717/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

Seasonal Variations / Non-Standard Timings:

 

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

 

On Sundays immediately prior to bank holidays to 00:00 (closing 00:30)

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Zahter Limited (“The Applicant”) for a new premises licence in respect of 30-32 Foubert’s Place, London, W1F 7PS.

 

The Presenting Officer introduced the application.  He advised that the Licensing Authority had maintained their representation on policy grounds.  The Soho Society had also made a representation and had proposed conditions to be added to the licence.  The Premises are located in the West End Ward and in the West End Cumulative Impact Area.

 

Mr Jack Spiegler, representing the Applicant, advised that this was a new premises licence for a restaurant to operate over basement, ground, first, second and third floors with an external seating area at street level. The Sub-Committee heard that the Applicant was seeking to permit late night refreshments indoors between the hours of 23:00 to 23:30 Monday to Thursday and 23:00 to 00:00 on Friday and Saturday.  It was proposed for the sale of alcohol (on and off sales) to be permitted between 10:00 to 23:30 Monday to Thursday and 10:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sundays.

The Sub-Committee noted that the restaurant would have a capacity for 80 persons, that the chef currently running Spitalfields kitchen would be managing the Premises and that the model restaurant condition 66 would be attached to the licence as per condition 9 recorded below.

 

Mr Spiegler advised that the majority of the proposed conditions had been agreed with the Responsible Authorities except for two conditions regarding waste collection and the external seating area which had been proposed by the Soho Society.  He advised that it was important for the business to be allowed to use the outside area until 23:00hrs and not have it rendered unusable at 22:00hrs and that the collection of waste could not take place between 07:00hrs and 21:00hrs as bags of rubbish would have to be brought through the restaurant whilst customers were dinning.  The Sub-Committee noted that there were no residents living above or on either side of the Premises.

 

The Licensing Authority had maintained their representation on  ...  view the full minutes text for item 1.

2.

Co-Op, 207 Shirland Road, London, W9 2EX pdf icon PDF 15 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Harrow Road

Ward/ Not in

Cumulative Impact Area

Co-op

207 Shirland Road

London

W9 2EX

New

Premises

Licence

19/09518/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10th October 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Metropolitan Police Service

 

Present:  Richard Arnot-Ward (Solicitor, representing the Applicant), Muhammad Rahman (Area Manager on behalf of the Applicant Company) and PC Bryan Lewis (Metropolitan Police)

 

Co-op, 207 Shirland Road, London, W9 2EX

(“The Premises”)

19/09518/LIPN

 

1.

Sale by Retail of Alcohol – Off Sales only

 

Monday to Saturday: 08:00 to 23:00

Sunday: 10:00 to 22:30

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Co-operative Group Food Limited (“The Applicant”) for a new premises licence in respect of Co-op, 207 Shirland Road, London, W9 2EX.

 

The Presenting  Officer introduced the application.  He confirmed that the Environmental Health Service had withdrawn their representation as conditions had been agreed with the Applicant.  The Metropolitan Police Force had maintained their representation as agreement had not been reached regarding two specific conditions.  The Premises were located in the Harrow Road Ward but not in a Cumulative Impact Area.

 

Richard Arnot (Solicitor, representing the Applicant), advised the Sub-Committee that it had before it an application for a new premises licence.  The Sub-Committee heard that the Premises intended to trade as a convenience store and open seven days a week selling groceries, sundry items and alcohol for consumption off the Premises.  It was proposed for the sale of alcohol (off sales) to be permitted between 08:00 to 23:00 Monday to Saturday and 10:00 to 22:30 on Sunday.  The Sub-Committee further heard that the wording of two model conditions (conditions 28 and 29) were the only points of contention between the Applicant and the Police.  Mr Arnot advised that the Applicant wished to sell premium beers and ciders in cans as well as glass bottles and that the word ‘selection’ should replace the word ‘service’ in the condition so that the revised condition reads ‘There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV’.  Mr Arnot confirmed that bottled spirits would remain located behind a counter so that customers still needed to be served the bottles by a shop assistance but that it would enable them to use the self service checkout tills and this would have the effect of promoting the licensing objectives in particular the crime and disorder licensing objective.

 

PC Bryan Lewis, representing the Metropolitan Police Service, advised that

the Police were trying to prevent street drinking by prohibiting premium beers and ciders in cans but noted that many premium beers and ciders were now sold in cans.  The Police further noted that the bottled spirits would remain located behind a counter so customers could not help themselves. The Sub-Committee was reassured that the Applicant had proper procedures in place to ensure that the sale of alcohol could not  ...  view the full minutes text for item 2.

3.

Bombay Bustle, Ground Floor, 29 Maddox Street, London, W1S 2PA pdf icon PDF 638 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

West End Ward/ West End

Cumulative Impact Area

Bombay Bustle

Ground Floor

29 Maddox Street

London

W1S 2PA

Premises

Licence

Variation

19/09327/LIPV

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10 October 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Licensing Authority

 

Present: Philip Somarakis (Solicitor, representing the Applicant) and Karyn Abbott (Licensing Authority)

 

Bombay Bustle, Ground Floor, 29 Maddox Street, London W1S 2PA

(“The Premises”)

19/09327/LIPV

 

1.

Sale by Retail of Alcohol – On Sales

 

Current:

 

Monday to Saturday: 10:00 to 00:00

Sunday 12:00 to 23:00

 

Proposed:

 

Sunday: 11:00 to 23:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by SMD Concepts Limited (“The Applicant”) for a new premises licence in respect of Bombay Bustle, Ground Floor, 29 Maddox Street, London W1S 2PA.

 

The Presenting Officer introduced the application.  He advised that the Premises wished to change the layout of the Premises, vary conditions 16 and 17 on the premises licence and vary the opening time and sales of alcohol on Sundays from 11.00 hrs. He further advised that the Licensing Authority had maintained their representation on policy grounds.  The Sub-Committee noted that the Premises were located in the West End Ward and the West End Cumulative Impact Area.

 

Philip Somarakis, representing the Applicant, advised that the Sub-Committee had before it an application for a variation of a premises licence.  The Sub-Committee heard that the Applicant sought to change: the layout of the Premises to allow customers to enter/exit on both ground and basement levels, to vary conditions 16 and 17 to permit customers to consume alcohol in a designated bar area in the basement with a capacity of 10 people, to vary the opening hours and commence sales of alcohol from 11am on Sundays as the Premises had started offering brunch to customers.  The Sub-Committee noted that the Premises were a fine dining restaurant who wished to open earlier on a Sunday to offer brunch to its customers with an offer of a glass of champagne or wine. 

 

Mr Somarakis outlined how the Premises would be operated and the Sub-Committee noted that all customers were greeted and directed to the appropriate table/seated holding bar area on arrival at the Premises.  Once at the bar customers would be required to confirm that they had a table reservation/or make a table reservation.  Mr Somarakis emphasised that he did not consider that the extra morning opening hour would add to the West End Cumulative Impact Area as the majority of overcrowding and public nuisance occurred during the late evening.

 

Karyn Abbott, representing the Licensing Authority, had maintained their representation on policy grounds as the application was outside of Westminster’s Core Hours Policy and because the Applicant needed to demonstrate that they would not add to cumulative impact in the area.  The Sub-Committee heard that the Licensing Authority had visited the Premises, had been greeted on arrival and had been escorted to the holding bar to confirm  ...  view the full minutes text for item 3.

4.

Café Monico, 39 - 45 Shaftesbury Avenue, London, W1D 6LA pdf icon PDF 887 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

4.

West End

Ward/ West End

Cumulative Impact Area

Café Monico

39 - 45 Shaftesbury Avenue

London

W1D 6LA

New

Premises

Licence

19/10048/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10 October 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Licensing Authority

 

Present: Jack Spiegler (Solicitor, representing the Applicant), William Differ (on behalf of Applicant Company) and Karyn Abbott (Licensing Authority)

 

Café Monico, 39-45 Shaftesbury Avenue, London W10 6LA

 (“The Premises”)

19/10048/LIPN

 

1.

Sale by Retail of Alcohol – On Sales

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

Seasonal Variations / Non-Standard Timings:

 

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

 

On Sundays immediately prior to bank holidays to 00:00.

 

 

Amendments to application advised at hearing:

 

None.

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Delfont Mackintosh Theatres Limited (“The Applicant”) for a new premises licence in respect of 39-45 Shaftesbury Avenue, London, W1D 6LA.

 

The Presenting  Officer introduced the application.  He advised that this was an application for a new premises licence for a restaurant, although the Premises already had a premises licence with licensable activities until 01:00 Monday to Saturday and 00:00 Sundays.  He advised that the Licensing Authority had maintained their representation for the new licence on policy grounds.  The premises were located in the West End Ward and within the West End Cumulative Impact Area. 

Jack Spiegler, representing the Applicant, advised that the application was for a new premises licence for a restaurant with ancillary bar area over ground and mezzanine floor levels.  The Sub-Committee heard that the Applicant was seeking to reduce the sale of alcohol to “Core Hours” and that condition 13 of the existing licence would be changed from “holding bar” to “ancillary bar” with the condition being amended.  The Sub-Committee noted that the existing premise licence would be surrendered prior to the new licence taking effect.  The Sub-Committee heard that it was proving difficult for the Applicant to interest people in the Premises and that incorporating a bar area for a capacity of 25 people seated, who would mainly be theatre goers, would encourage a new high-class hospitality business to operate the Premises.  The Sub-Committee noted that that there was already a bar area currently operating at the Premises for persons taking a table meal there and for consumption by such a person as ancillary to their meal.

 

Mr Spiegler referred to Policy HRS1 of the City Council’s Statement of Licensing Policy (“SLP”) and advised that the application be granted under exceptional circumstances due to the application for hours being within core hours and that it would reduce Crime and Disorder or Public Nuisance in the West End Cumulative Impact Area. He further added that the Premises would still operate as a restaurant with a capacity of 200 persons and the model restaurant condition 20 attached to the licence except for this very  ...  view the full minutes text for item 4.