Agenda and minutes

To report any changes to the membership.

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

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

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.

There were no Declarations of Interest.

WCC LICENSING SUB-COMMITTEE NO. 4 (“The Committee”)

Thursday 4 March 2021

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

Officer Support:       Legal Advisor:           Horatio Chance

                                Policy Officer:             Aaron Hardy 

                                Committee Officer:           Cameron Maclean

                                Presenting Officer:           Michelle Steward

Application for variation of a Premises Licence – Sussex Fish Bar, 20 London Street, London W2 1HL – 20/10970/LIPV

FULL DECISION

Premises

Sussex Fish Bar, 20 London Street, London W2 1HL

Applicant

Mr Ajmal Daulatzai

Cumulative Impact Area?

N/A

Special Consideration Zone

N/A

Ward

Hyde Park

Summary of Application

The Sub-Committee considered an application for a Variation of a Premises Licence for the Sussex Fish Bar, 20 London Street, London W2 1HL. The applicant operated a restaurant and takeaway service from the Premises and had applied to vary the existing Premises Licence to extend the hours he could offer Late-Night Refreshment (LNR) from 23:00 hours (the time a licence for LNR is required) to 04:00 hours. The applicant currently had a Premises Licence that permitted the sale of LNR until 01:00 hours.

Activities and Hours applied for

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

The applicant seeks to vary the existing premises licence to extend the hours of late-night refreshment to 04:00 hours Monday to Sunday. The hours from 01:00 hours to 04:00 hours would be for deliveries only.

Late night refreshment

Monday to Sunday: 23:00 hours to 04:00 hours

Hours premises are open to the public

Monday to Sunday: 23:00 hours to 04:00 hours

Representations Received

• Metropolitan Police (PC Adam Deweltz) (withdrawn)
• Environmental Health Service (Maxwell Koduah)
• South East Bayswater Residents’ Association (SEBRA)

Summary of issues raised by objectors

·       EHS expressed concern that the provision of late-night refreshment and the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. EHS noted that conditions have been proposed by EHS and agreed with the applicant;

·       SEBRA objected on the grounds that the likely effect of the application will be to harm the licensing objectives, particularly ‘prevention of public nuisance’ and potentially 'crime & disorder – noting noise nuisance from delivery vehicles, delivery motorbikes and scooters and engine fumes

Policy Position

Under Policy HRS1, applications for hours outside the core hours set out in Clause C

will be considered on their merits, subject to other relevant policies, and with particular regard to the matters set out in Policy HRS1.

Under Policy FFP1, applications outside the West End Cumulative Zones will generally be granted subject to the mattes set out in Policy FFP1(A).

DECISION AND REASONS

Ms Michelle Steward, Senior Licensing Officer, presented the report that was before the Sub-Committee. She noted that representations had been received from the Environmental Health Service (EHS); the Metropolitan Police Service (MPS) (subsequently withdrawn after agreement on proposed conditions with the applicant); and Mr John Zamit of the Southeast Bayswater Residents’ Association (SEBRA).

Ms Steward noted that Mr Richard Brown of Citizens Advice Westminster, Licensing Project, representing SEBRA,  ...  view the full minutes text for item 1.

WCC LICENSING SUB-COMMITTEE NO. 4 (“The Committee”)

Thursday 4 March 2021

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

Officer Support:       Legal Advisor:           Horatio Chance

                                Policy Officer:             Kerry Simpkin

                                Committee Officer:           Cameron Maclean

                                Presenting Officer:           Michelle Steward

Application for a Gambling Premises Licence in respect of 74 Queensway, London W2 3RL – 20/10035/LIGN

FULL DECISION

Premises

74 Queensway, London W2 3RL

Applicant

Future Leisure Ltd

Cumulative Impact Area?

Bayswater

Special Consideration Zone

N/A

Ward

Lancaster Gate

Summary of Application

The application was for a new Gambling Premises Licence under the Gambling Act 2005 (“the Act”).  The Premises had the benefit of a Gambling Act Premises Licence when it was previously a William Hill Betting Shop.

The Premises plans to operate as an Adult Gaming Centre (“AGC”). AGC premises licences allow the holder of the licence to make gaming machines available for use on the Premises. Persons operating an AGC must hold a gaming machines general operating licence from the Gambling Commission and must seek a premises licence from the licensing authority.

An AGC premises licence granted after the 13th July 2011 may make available for use a number of category B gaming machines not exceeding 20% of the total number of gaming machines which are available for use on the premises and any number of category C or D machines. There are no default operating hours for an AGC however the applicant has applied for Monday to Sunday 07:00 to 22:00. The Premises are in Lancaster Gate Ward and in the Bayswater Cumulative Impact Area.

Activities and Hours applied for

The Applicant has sought the following trading hours:

·       Monday to Sunday 07:00 to 22:00 hours

Representations Received

• Metropolitan Police Service (PC Bryan Lewis)
• Licensing Authority (Angela Seaward)
• South East Bayswater Residents’ Association
• Poplar Place and Caroline Place neighbourhood watch
• Bark Place, Orme Court, Orme Lane, St Petersburgh Mews, St Petersburgh Place neighbourhood watch
• Queensway Resident Association
• Councillor Susie Burbridge
• Councillor Emily Payne
• Councillor Maggie Carman

Summary of issues raised by objectors

·       MPS believe the application would undermine the licensing objectives in that there are insufficient licence conditions and it may increase crime and disorder in the local area;

·       Licensing Authority have concerns relating to the application as minimal information has been provided that would show how this premises, if granted would promote the following licensing objectives;

·       SEBRA noted that whilst there were differences between this application and application ref 20/03575/LIGN which was refused, in their view the application should be refused because it was not ‘reasonably consistent’ with the licensing objectives in that it would not prevent gambling from being a source of crime or disorder, would not ensure that gambling is conducted in a fair and open way and would not protect children and other vulnerable persons from being harmed or exploited by gambling;

• Poplar Place and Caroline Place neighbourhood watch stated the application would only add to the problems of the area;

·       QRA stated that they have seen nothing within the application that  ...  view the full minutes text for item 2.