Agenda and draft minutes

Licensing Sub-Committee (4) - Thursday 4th June, 2020 10.00 am

Venue: This will be a virtual meeting

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 07817054613

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

1.1      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      There were no declarations of interest.

1.

It Restaurant, Heritable House, 28-29 Dover Street, W1S 4NA pdf icon PDF 7 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

West End Ward / Not in Cumulative Impact Area

It Restaurant

Hereditable House

28-29 Dover Street

London

W1S 4NA

Premises Licence

Variation

20/03360/LIPV

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 4th June 2020

 

Membership:           Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Aicha Less

 

Legal Adviser:         Horatio Chance

Policy Adviser:         Aaron Hardy

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Jessica Donovan

                               

 

Relevant Representations:    Environmental Health and two local residents (objecting)

 

Present: Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Michele Constantini (Designated Premises Supervisor), Mr Anil Drayan (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Mike Dunn and 17 Berkeley Street Residents Association) and Mr Ulrich Brandt-Pollman, (representing Ms Jaleh Zand)

 

It Restaurant, Hereditable House, 28-29 Dover Street, London, W1S 4NA

(“The Premises”)

20/03360/LIPV

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Current:

 

Monday to Thursday: 10:00 to 00:00

Friday to Saturday: 10:00 to 01:00

Sunday: 10:00 to 00:00

 

Proposed:

 

Monday to Thursday: 10:00 to 01:00

Friday to Saturday: 10:00 to 02:00

Sunday: 10:00 to 01:00

 

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.

 

None.

No Change.

 

 

 

 

On the morning that Greenwich

Mean Time changes to British

Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

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 It Restaurant Limited

for a variation of a premises licence in respect of It Restaurant, Hereditable House, 28-29 Dover Street, London, W1S 4NA.

 

The ing Officer introduced the application.

 

Mr Spiegler, representing the Applicant, provided an overview of the operation to the Sub-Committee and described how it operated as a restaurant and not as a bar or nightclub with a two-star Michelin chef providing the food. The Premises had conditions on its current licence requiring it to operate as a restaurant except for some very small bar areas which had a maximum capacity of sixteen persons each. Non-diners were permitted to use these bar areas, but the Sub-Committee was advised that they were primarily utilised by diners. If the Sub-Committee was minded to grant the application the Applicant was content for conditions 9 and 10 on the current licence to be replaced with the Council’s model restaurant condition (MC66) which was far stricter regarding the supply of alcohol. To address concerns the Applicant was also offering to impose an additional condition on the licence stipulating that after 00:00 Monday to Thursday and 01:00 Friday to Saturday the supply of alcohol would have to be ancillary to persons dining at the restaurant.

 

Mr Spiegler advised that there were three main factors which distinguished this application from other recent applications by premises in the vicinity which had been refused by Licensing Sub-Committees. Firstly, the Premises was not a nightclub with any music played being of a low-level nature creating an ambience  ...  view the full minutes text for item 1.

2.

Caesar Hotel, Ground Floor To Fifth Floor, 26-33 Queen's Gardens, Bayswater, W2 3BD pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Lancaster Gate Ward/ Not in Cumulative Impact Area

Caesar Hotel

Ground Floor To Fifth Floor

26-33 Queen's Gardens

Bayswater

W2 3BD

Premises

Licence

Variation

20/01558/LIPV

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 4th June 2020

 

Membership:           Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Aicha Less

 

Legal Adviser:         Horatio Chance

Policy Adviser:         Aaron Hardy

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Jessica Donovan

                               

 

Relevant Representations:    The South East Bayswater Residents Association and one local resident (objecting)

 

Present: Ms Sally Fields (Agent, representing the Applicant), Mr Lee Melville (Designated Premises Supervisor), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing the South East Bayswater Residents Association) and Dr Bernard McGinnie (local resident - objecting)

 

Caesar Hotel, Ground Floor To Fifth Floor, 26-33 Queen's Gardens, Bayswater,

W2 3BD (“The Premises”)

20/01558/LIPV

 

1.

Sale by Retail of Alcohol – On Sales

 

Current:

 

Monday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 23:30

 

Proposed:

 

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 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 Caesar Management Limited

for a variation of a premises licence in respect of Caesar Hotel, Ground Floor To Fifth Floor, 26-33 Queen's Gardens, Bayswater, W2 3BD.

 

The Licensing Officer introduced the application and confirmed that the Police and Environmental Health had both withdrawn their representations following the agreement of conditions with the Applicant.

 

Ms Hills, representing the Applicant, explained that the application was seeking to vary its existing licence (by the removal of certain conditions as specified below) to permit members of the public to use the bar area located within the Premises which they currently were not permitted to do. This variation was being sought following frequent requests from local residents. The application also sought to reduce the hours permitting the sale by retail of alcohol to core hours. The Police had suggested additional conditions be attached to the licence and the applicant had agreed these including one restricting sales of alcohol after core hours to hotel residents and their bona fide guests on production of a room key card and/or Hotel account card. Conditions had also been agreed with Environmental Health (EH) and the South East Bayswater Residents Association (SEBRA). Ms Hills advised that the Applicant had a good relationship with SEBRA who were broadly supportive of the application. The additional conditions agreed had been forwarded onto the sole residential objector, but it was advised that no response to these had been received. It was confirmed that the application was not seeking to change the current use of the Premises in any way. Any other alterations to the licence were simply to tidy it up as it was an old licence and several conditions required updating. In addition to this a new plan had been submitted detailing the proposed bar area hatched in red.

 

In response to questions from the Sub-Committee Mr Melville, the Designated Premises Supervisor, confirmed that any signage for the bar would be located on Leinster Gardens with the bar operation also planned to be advertised through social media.  ...  view the full minutes text for item 2.