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Agenda and minutes

Venue: This will be a virtual meeting

Contact: Sarah Craddock, Senior Committee and Governance Officer  Email:  scraddock@westminster.gov.uk Tel: 07790 980 186

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership of the Sub Committee.

For the purposes of this meeting, the Chairman proposed that Councillor Heather Acton be appointed Substitute Chairman. Councillor Rita Begum seconded the nomination and Councillor Heather Acton was duly elected Substitute Chairman.

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:

There were no Declarations of Interest.

1.

10.00 AM: Dinner Jackets, Jubilee Hall, Jubilee Market, The Piazza, Covent Garden WC2E 8BE pdf icon PDF 656 KB

Ward
SCZ*

Site Name & Address

Application
Type

Licensing Reference No.

St James

N/A

Dinner Jackets
Units 18 & 19
Jubilee Hall Jubilee Market
The Piazza
Covent Garden
WC2E 8BE

Premises Licence Variation

20/11204/LIPV

*Special Consideration Zone

 

Additional documents:

Minutes:

Present:                            Stuart Gibson, Solicitor (SG Licensing); Nicholas Henry                                           (Premises Licence Holder); and Charlie Henry (applicant).

Representations:             Representations had been received from the Licensing                                           Authority and the Environmental Health Service

Applicant:                        Mr Charlie Henry

Ward:                                St James’s

CIA[1]:                                 West End

SCZ[2]:                                N/A

Summary of Application

The application was for a new Premises Licence.

INTRODUCTION

The Chairman welcomed everyone to the meeting and introduced the Members of the Sub-Committee and the Council Officers who would be supporting the Sub-Committee. The Chairman explained the procedure that would be followed at the meeting before inviting the Presenting Officer, Ms Donovan to present the report.

 

PRESENTATIONS AND SUBMISSIONS

Presenting Officer

Ms Jessica Donovan, Senior Licensing Officer

Ms Donovan summarised the application set out in the report before the Sub-Committee.  She explained that the application was for a variation in the premises licence which seeked to permit the sale of alcohol for consumption off the premises between the hours of 11.00 to 21:00 Monday to Sunday.  She advised that both Environmental Health and the Police had withdrawn their representations however the Licensing Authority had maintained their representation against the application.  She further advised that additional submissions had been received from the applicant which had been circulated to all the relevant parties before the Sub-Committee hearing.

Applicant

Mr Stuart Gibson, Solicitor (SG Licensing) On Behalf of The Applicant.

During the course of his presentation, Mr Gibson advised that the premises had benefited from a premises licence since 2010 and was currently licensed to sell mulled wine only between 15 November to 15 February between the hours of 11:00 to 19:00. The Sub-Committee noted that the premise was a market stall serving hot food, snacks and refreshments.

Mr Gibson explained that this application requested the removal of the restrictive condition of retailing mulled wine only as well as seeking the extension of sale of alcohol by retail consumption (off the premise) between the hours of 11.00am and 21:00 hours Monday to Sunday.  This would allow the applicant to sell a small range of beers, wines and spirits for consumption off the premises with the purchase of takeaway food which would enable the applicant to increase the transactional spend of its regular customers in order to remain in business during these difficult times.

Mr Gibson advised that discussions had taken place with Environmental Health and that conditions 17-19 on page 30 of the report were not the conditions agreed with Environmental Health.  He further advised that conditions had been agreed with the Police who had subsequently withdrawn their representation against the application.  

Mr Gibson commented that the Licensing Authority had maintained their representation due to their concern regarding street and underage drinking.  Mr Gibson highlighted that street drinkers would not be drawn to the market stall as alcohol could only be purchased with takeaway food and no alcohol of 5.5% ABV would be sold at the premises.  He also emphasised that alcohol could only be obtained on request and therefore the premises holders would have  ...  view the full minutes text for item 1.

Media

5.

Summary Decision

Minutes:

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

Thursday 25 February 2021

Membership:     Councillor Karen Scarborough (Chairman), Councillor Heather Acton and Councillor Rita Begum

 

APPLICATION FOR A VARIATION OF PREMISES LICENCE, DINNER JACKETS, UNIT 18 AND UNIT 19 JUBILEE HALL, JUBILEE MARKET, THE PIAZZA, COVENT GARDEN, WC2E 8BE 20/11204/LIPV

SUMMARY

The Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”).  The premises operate as a market stall in the Jubilee Market Hall, serving hot food, snacks and refreshments.  The premises are in St. James’s Ward and are within the West End Cumulative Impact Area.  The premises have had the benefit of a licence (10/049774/LIPN) since August 2010.

Applicant

Mr Nicolas Henry

Summary Decision

The Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not add to negative cumulative impact in the Cumulative Impact Area and promote the licensing objectives.

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives:

1.     To grant permission for the sale of alcohol for consumption off the premises between the hours of 11:00 to 21:00 Monday to Sunday 365 days per year, and 366 days in a leap year.

2.     To grant permission for the Hours Premises are open to the Public

Monday to Sunday:  10:00 to 21:00.

3.     To grant permission for the removal of condition 5 from the operating schedule, to the effect to remove “the supply of alcohol shall only be permitted from 15th November until 15th February each year”.

4.     To grant permission for the removal of condition 6 of the operating schedule, to the effect to remove “the supply of alcohol shall be restricted to mulled wine only”.

5.     To grant permission for the removal of condition 7 of the operating schedule, to the effect to remove “all sales of alcohol shall be for immediate consumption and supplied in plastic containers only”.

6.     To add conditions in the terms specified below.

7.     That the varied licence is subject to any relevant mandatory conditions.

8.     That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.

9.     That the varied licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

CONDITIONS IMPOSED BY THE COMMITTEE AFTER A HEARING

10. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises. All recordings  ...  view the full minutes text for item 5.

6.

Full Decision

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4

(“The Committee”)

Thursday 25 February 2021

Membership:             Councillor Karen Scarborough (Chairman), Councillor Heather Acton and Councillor Rita Begum

 

Officer Support:         Legal Advisor:           Vivien Walker

                                  Policy Officer:            Aaron Hardy

                                  Committee Officers:  Sarah Craddock

                                  Presenting Officer:    Jessica Donovan 

APPLICATION FOR A VARIATION OF A PREMISES LICENCE – DINNER JACKETS, UNIT 18 AND UNIT 19 JUBILEE HALL, JUBILEE MARKET, THE PIAZZA, COVENT GARDEN, WC2E 8BE – 20/11204/LIPV

FULL DECISION

Premises

Dinner Jackets, Unit 18 and Unit 19 Jubilee Hall, Jubilee Market, The Piazza, Covent Garden, WC2E 8BE

Applicant

Mr Nicholas Henry

Cumulative Impact Area?

West End

Ward

St James’s

Proposed Licensable Activities and Hours

The application was for a variation of a premises licence as follows –

This variation seeks to permit the sale of alcohol for consumption off the premises between the hours of 11:00 to 21:00 Monday to Sunday 365 days a year, and 366 in a leap year.

The sale of alcohol is not to be restricted to mulled wine, the applicant is seeking to sell a small range of beers wines and spirits for consumption off the premises.

Representations Received

·       Metropolitan Police Service (PC Brian Hunter) (withdrawn)

·       Environmental Health Service (Maxwell Koduah) (withdrawn)

·       Licensing Authority (Kevin Jackaman)

Summary of Objections

·       The Licensing Authority expressed concern that the Premises would not promote the four licensing objectives, noting the Premises is within the West End CIA

Summary of Application

This was an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”). The premises operate as a market stall in the Jubilee Market Hall, serving hot food, snacks and refreshments. The premises are in St. James’s Ward and are within the West End Cumulative Impact Area. The premises have had the benefit of a licence (10/049774/LIPN) since August 2010.

Policy Position

Under Policy CIP1, “It is the Licensing Authority’s policy to refuse applications in the Cumulative Impact Areas for: pubs and bars, fast food premises, and premises offering facilities for music and dancing; other than applications to vary hours within the Core Hours under Policy HRS1. Applications for other licensable activities in the Cumulative Impact Areas will be subject to other policies and must demonstrate that they will not add to cumulative impact in the cumulative impact areas”.

Under Policy OS1 Applications inside the West End Cumulative Impact Zone will generally be granted subject to: 1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1; 2. The hours for licensable activities are within the council’s Core Hours Policy HRS1; 3. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone; 4. The application and operation of the venue meeting the definition  for a premises that provides off sales of alcohol as per Clause C.

SUBMISSIONS AND REASONS

Ms Donovan, Senior Licensing Officer, summarised the application set out in the report before the Sub-Committee. She explained that the application was for a variation in the Premises licence seeking to permit the sale  ...  view the full minutes text for item 6.

2.

1.00 PM: Kin Café, Basement & Ground Floor, 22 Foley Street, London W1W 6DT pdf icon PDF 1 MB

Ward
SCZ *

Site Name & Address

Application
Type

Licensing Reference No.

West End

N/A

Kin Café
Basement & Ground Floor
22 Foley Street
London
W1W6 6DT

New Premises Licence

20/11005/LIPN

* Special Consideration Zone

 

Additional documents:

Minutes:

Present:                            Noel Samaroo, Solicitor (NTAD Consultants Ltd).

Representations:             Representations had been received from the                                           Environmental Health Service (EHS); and the Metropolitan                                           Police Service (MPS) (subsequently withdrawn); and two                                           local residents (not in attendance).

Applicant:                        Araz Farm Feed Ltd

Ward:                                St James’s West End

CIA[1]:                                 N/A

SCZ[2]:                                N/A

Summary of Application

The application was for a new premises licence.

INTRODUCTION

The Chairman welcomed everyone to the meeting and introduced the Members of the Sub-Committee and the Council Officers who would be supporting the Sub-Committee. The Chairman explained the procedure that would be followed at the meeting before inviting the Presenting Officer, Ms Donovan to present the report.

PRESENTATIONS AND SUBMISSIONS

Presenting Officer

Ms Jessica Donovan, Senior Licensing Officer

Ms Jessica Donovan summarised the application set out in the report before the Sub-Committee. She advised that the Sub-Committee had before it an application for a new premises licence which intended to operate as a restaurant.  The Sub-Committee heard that the applicant had requested Sale by Retail of Alcohol (On Sales) Monday to Thursday: 10:00 to 22:30, Friday to Saturday: 10:00 to 23:30 and Sunday: 12:00 to 22:30 but that during consultation the applicant had agreed to reduce the hours for the sale of alcohol on Sundays to 12:00 to 22:30.  The Sub-Committee further noted that the applicant had also reduced the opening hours on Sundays to 10:00 to 23:00.

Applicant

Mr Noel Samaroo, Solicitor (NTAD Consultants Ltd) on behalf of the applicant

During the course of his presentation, Mr Samaroo advised that the premises had been operating for four years and that patrons had been allowed to ‘bring their own’ alcohol to the premises to consume with their meal.  The Sub-Committee noted that it was a very small premises and that the applicant now wished the premises to be regulated so that he could control what alcoholic drinks his customers were consuming with their meals.

Mr Samaroo advised that the applicant had been surprised to receive representations against the application from local residents as he had never received any noise complaints.  Mr Samaroo emphasised that he was disappointed that the residents were not in attendance at the hearing as he would have liked to explore and hopefully alleviate their concerns regarding the new proposed licence. 

In response to Members’ questions, Mr Samaroo provided the following information.

(a)  There had been no noise complaints regarding patrons eating and drinking in the outside area of the premises in the past four years.  Mr Samaroo confirmed that the outside area was used until 11pm when the weather permitted.

(b)  The premises had been trading as Kim Café for the past four years.

(c)  The benches and tables were within the private boundary of the premises and not situated on the public highway.  Mr Samaroo confirmed that once the tables and benches were taken down only four people would be allowed to smoke outside of the premises.  Mr Samaroo further confirmed the plan of the premises was accurate.

Responsible Authorities  ...  view the full minutes text for item 2.

Media

7.

Summary Decision

Minutes:

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

Thursday 25 February 2021

Membership:     Councillor Karen Scarborough (Chairman), Councillor Heather Acton and Councillor Rita Begum

 

APPLICATION FOR A NEW PREMISES LICENCE, KIN CAFÉ, BASEMENT AND GROUND FLOOR, 22 FOLEY STREET, LONDON W1W 6DT [20/11005/LIPN]

SUMMARY

The Committee has considered an application for a new Premises Licence under the Licensing Act 2003 (“the Act”).  The Premises intends to operate as a restaurant.

The Premises are in the West End Ward, but not within the Cumulative Impact Area or the Special Consideration Zone.

Applicant

Araza Farm Feed Limited

Summary Decision

The Committee has considered the committee papers and the submissions made by all of the parties, both orally and in writing.

In reaching its decision the Committee has had regard to the relevant legislation, the Secretary of State’s Guidance (“Guidance”) and the Authority’s Statement of Licensing Policy (“SLP”).

In summary, the Committee has decided, after taking into account all of the individual circumstances of this application and the promotion of the four licensing objectives:

1.     To grant permission for Sale by Retail of Alcohol (On Sales) for the following hours:

Monday to Thursday:   10:00 to 22:30 hours;

Friday to Saturday:      10:00 to 23:30 hours;

Sunday:                        12:00 to 22:30 hours.

Seasonal Variations:    None

2.     To grant permission for the Hours the Premises are open to the Public as follows:

Monday to Thursday:   07:00 to 23:00 hours;

Friday to Saturday:      07:00 to 00:00 hours;

Sunday:                        10:00 23:00 hours.

Seasonal Variations:    None

3.     That the Licence is subject to relevant mandatory conditions as specified in the Agenda papers.

4.     That the Licence is subject to the conditions consistent with the operating schedule as specified in the Agenda papers.

5.     That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

CONDITIONS IMPOSED BY THE COMMITTEE AT THE HEARING

11. The premises shall only operate as a restaurant:

(i)        in which customers are shown to their table

(ii)      where the supply of alcohol is by waiter or waitress service only;

(iii)     which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery;

(iv)     which do not provide any takeaway service of food or drink for immediate consumption;

(v)      which do not provide any takeaway service of food or drink after 23:00; and

(vi)     where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

12. There shall always be a personal licence holder on duty on the premises when the premises are authorised to sell alcohol.

13. A record shall  ...  view the full minutes text for item 7.

8.

Full Decision

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.  4
(“The Committee”)

Thursday, 25 February 2021

Membership:           Councillor Karen Scarborough (Chairman), Councillor Heather       Acton and Councillor Rita Begum

Officer Support:      Legal Advisor:               Vivien Walker

                                  Policy Officer:                Aaron Hardy

                                  Committee Officers:      Sarah Craddock

                                  Presenting Officer:        Jessica Donovan 

APPLICATION FOR A NEW PREMISES LICENCE – KIN CAFÉ, BASEMENT AND GROUND FLOOR, 22 FOLEY STREET, LONDON W1W 6DT – 20/11005/LIPN

FULL DECISION

Premises

Kin Café, Basement and Ground Floor, 22 Foley Street, London W1W 6DT

Applicant

Araz Farm Feed Ltd

Cumulative Impact Area?

N/A

Ward

St James’s West End

Proposed Licensable Activities and Hours

Sale by Retail of Alcohol (On-sales)

Sunday to Thursday:         10:00 hours to 22:30 hours

Friday to Saturday:            10:00 hours to 23:30 hours

Hours Premises Are Open to the Public

Sunday to Thursday:         07:00 hours to 23:00 hours

Friday to Saturday:            07:00 hours to 00:00 hours

Representations Received

·       Environmental Health (Anil Drayan)

·       Metropolitan Police (PC Adam Deweltz) (withdrawn)

·       Robert Lux (local resident)

·       Hanna Gough (local resident)

Summary of Objections

·       Environmental Health stated that the supply of alcohol and for the hours requested may have the effect of increasing public nuisance in the area;

·       Local residents were concerned that if granted the licence would undermine the peaceful nature of the surrounding area

Summary of Application

The application was for a new premises licence to operate as a restaurant.

Policy Position

Under Policy HRS1, applications within the core hours will generally be granted subject to not being contrary to other policies in the SLP.

Under Policy RTN1(a), applications outside the West End Cumulative Impact Zone will generally be granted subject to matters set out in Policy RTN1(a).

SUBMISSIONS AND REASONS

Ms Donovan, Senior Licensing Officer, summarised the application set out in the report before the Sub-Committee. She advised that the Sub-Committee had before it an application for a new Premises licence which intended to operate as a restaurant. The Sub-Committee heard that the applicant had requested Sale by Retail of Alcohol (On Sales) Monday to Thursday: 10:00 to 22:30, Friday to Saturday: 10:00 to 23:30 and Sunday: 12:00 to 22:30 but that during consultation the applicant had agreed to reduce the hours for the sale of alcohol on Sundays to 12:00 to 22:30. The Sub-Committee further noted that the applicant had also reduced the opening hours on Sundays to 10:00 to 23:00.

Mr Noel Samaroo acting on behalf of the applicant, of NTAD Consultants Ltd, advised that the Premises had been operating for four years and that patrons had been allowed to ‘bring their own’ alcohol to the Premises to consume with their meal. The Sub-Committee noted that it was a very small Premises and that the applicant now wished the Premises to be regulated so that he could control what alcoholic drinks his customers were consuming with their meals.

Mr Samaroo advised that the applicant had been surprised to receive representations against the application from local residents as he had never received any noise complaints. Mr Samaroo emphasised that he was disappointed that  ...  view the full minutes text for item 8.