Agenda and minutes

Licensing Sub-Committee (4) - Thursday 9th February, 2023 10.00 am

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

Contact: Sarah Craddock, Committee and Councillor Co-ordinator  Email:  scraddock@westminster.gov.uk Tel: 07790980186

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

1.1       It was noted that Councillor Jim Glen had replaced Councillor Jacqui Wilkinson on the Licensing Sub Committee.

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.

Wok and Fire, 326 Vauxhall Bridge Road, SW1V 1AA pdf icon PDF 3 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Vincent Square

 

* None

 

** Victoria

Wok and Fire

326 Vauxhall Bridge Road

SW1V 1AA

 

New Premises Licence

22/11099/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 9 February 2023

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Jim Glen

 

Officer Support:       Legal Advisor:          Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:   Georgina Wills

                                Presenting Officer:   Kevin Jackaman

 

Also Present:           Anthony Lyons. Counsel, Treats Leisure Limited

                                James Rankin, Counsel, Treats Leisure Limited

                                Giovanni Costa, Applicant: Treats Leisure Limited

                                Jana Bralite - DPS Treats Leisure Limited

                                Councillor Barbara Arzymanow

         Sally Fabbricatore, Environmental Health Service

 

Application for a New Premises Licence in respect of Doner Shack

Basement And Ground Floor 102 Baker Street London W1U 6TL 22/11290/LIPN

 

Declarations of Interest: Councillor Jim Glen declared an interest and advised that he knew some of the objectors and that these individuals were members of the same Group. Councillor Glen advised that no discussions had been held about the Application with any individual and therefore was able to determine the application with an open mind. Councillor Angela Piddock also made the same declaration.

 

FULL DECISION

 

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence in respect of Doner Shack Basement and Ground Floor 102 Baker Street London W1U 6TL(“The Premises”)under the Licensing Act 2003 (“The Act”).

 

The Premises intends to operate as a restaurant and previously benefitted from a premises licence (19/05744/LIPDPS) but the licence lapsed due to the Licence Holder going into liquidation in October 2021.

 

The Applicant has proposed a number of conditions to form part of their operating schedule and can be found at Appendix 4 of the report.

 

The Premises are located within the Marylebone Ward but is not located in either the West End Cumulative Impact Zone or Special Consideration Zone

 

Representations were received from the Environmental Health Service, Local Ward Councillor Karen Scarborough and 6 Local residents all citing concerns regarding public nuisance.

 

There is a resident count of 248.

 

Premises

 

Doner Shack

Basement And Ground Floor

102 Baker Street

London

W1U 6TL

 

Applicant

 

Treats Leisure Limited

 

Ward

 

Marylebone

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Opening Hours for the Premises

 

Monday to Sunday 11:00 to 23:00

 

Sale by Retail of Alcohol (On Sales)

 

Monday to Sunday 11:00 to 23:00

 

Representations Received

 

·       Environmental Health Service (Anil Drayan) (EHS)

·       Councillor Karen Scarborough

·       Six residents

 

Summary of Representations

 

·       The Environmental Health Service had maintained representation on the grounds of Protection of Children from Harm, Public Safety and the Prevention of Public Nuisance.

  • On behalf of the Marylebone Ward Councillors I object to this application on the grounds it does not promote the Licensing Authorities objectives, subject to the following:
  • There is no condition in relation to times of refuse collections and deliveries which should be in line with Westminster's policy. The proposed conditions, 1, 8 and 11 by the applicant are contradictory as they have only applied for "On Sales." We will not object if our standard condition that, sales of alcohol shall be ancillary to persons seated and taking a substantial table meal with  ...  view the full minutes text for item 1.

2.

Doner Shack, Basement and Ground Floor, 102 Baker Street, W1U 6TL pdf icon PDF 531 KB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone

 

* None

 

** None

Doner Shack

Basement and Ground Floor

102 Baker Street

W1U 6TL

 

New Premises Licence

22/11290/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 9 February 2023

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Jim Glen

 

Officer Support:       Legal Advisor:          Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:   Georgina Wills

                                Presenting Officer:   Kevin Jackaman

 

Also Present:           Anthony Lyons. Counsel, Treats Leisure Limited

                                James Rankin, Counsel, Treats Leisure Limited

                                Giovanni Costa, Applicant: Treats Leisure Limited

                                Jana Bralite - DPS Treats Leisure Limited

                                Councillor Barbara Arzymanow

         Sally Fabbricatore, Environmental Health Service

 

Application for a New Premises Licence in respect of Doner Shack

Basement And Ground Floor 102 Baker Street London W1U 6TL 22/11290/LIPN

 

Declarations of Interest: Councillor Jim Glen declared an interest and advised that he knew some of the objectors and that these individuals were members of the same Group. Councillor Glen advised that no discussions had been held about the Application with any individual and therefore was able to determine the application with an open mind. Councillor Angela Piddock also made the same declaration.

 

FULL DECISION

 

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence in respect of Doner Shack Basement and Ground Floor 102 Baker Street London W1U 6TL(“The Premises”)under the Licensing Act 2003 (“The Act”).

 

The Premises intends to operate as a restaurant and previously benefitted from a premises licence (19/05744/LIPDPS) but the licence lapsed due to the Licence Holder going into liquidation in October 2021.

 

The Applicant has proposed a number of conditions to form part of their operating schedule and can be found at Appendix 4 of the report.

 

The Premises are located within the Marylebone Ward but is not located in either the West End Cumulative Impact Zone or Special Consideration Zone

 

Representations were received from the Environmental Health Service, Local Ward Councillor Karen Scarborough and 6 Local residents all citing concerns regarding public nuisance.

 

There is a resident count of 248.

 

Premises

 

Doner Shack

Basement And Ground Floor

102 Baker Street

London

W1U 6TL

 

Applicant

 

Treats Leisure Limited

 

Ward

 

Marylebone

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Opening Hours for the Premises

 

Monday to Sunday 11:00 to 23:00

 

Sale by Retail of Alcohol (On Sales)

 

Monday to Sunday 11:00 to 23:00

 

Representations Received

 

·       Environmental Health Service (Anil Drayan) (EHS)

·       Councillor Karen Scarborough

·       Six residents

 

Summary of Representations

 

·       The Environmental Health Service had maintained representation on the grounds of Protection of Children from Harm, Public Safety and the Prevention of Public Nuisance.

  • On behalf of the Marylebone Ward Councillors I object to this application on the grounds it does not promote the Licensing Authorities objectives, subject to the following:
  • There is no condition in relation to times of refuse collections and deliveries which should be in line with Westminster's policy. The proposed conditions, 1, 8 and 11 by the applicant are contradictory as they have only applied for "On Sales." We will not object if our standard condition that, sales of alcohol shall be ancillary to persons seated and taking a substantial table meal with  ...  view the full minutes text for item 2.

3.

Five Guys, 59-63 Queensway, W2 4QH pdf icon PDF 750 KB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Lancaster Gate

 

* None

 

** Queensway/

Bayswater

Five Guys

59-63 Queensway

W2 4QH

 

New Premises Licence

22/11368/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

The Sub Committee noted that the Applicant had withdrawn their application.

4.

CA Japanese Pancakes, 324 Vauxhall Bridge Road, SW1V 1AA pdf icon PDF 2 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Vincent Square

 

* None

 

** Victoria

CA Japanese Pancakes

324 Vauxhall Bridge Road

SW1V 1AA

New Premises Licence

22/11065/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 9 February 2023

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Jim Glen

 

Officer Support:       Legal Advisor:          Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:   Georgina Wills

                                Presenting Officer:   Kevin Jackaman

 

Also Present           Ayesha Bolton, Environmental Health

                                Peter Mayhew, Agent, Beyond the Blue, Global Partners Bd

                                Limited Mohammed Siraj – Director, Global Partners Bd Limited

                                Mr Hillman, Resident

 

Application for a New Premises Licence in respect of Wok and Fire 326 Vauxhall Bridge Road London SW1V 1AA  22/11099/LIPN

 

 

FULL DECISION

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Wok & Fire at 326 Vauxhall Bridge Road London SW1V 1AA. Wok & Fire is a chain of three restaurants and take-aways which serve traditions Pan Asian Fusion Cuisine for consumption on the premises and for take-away and delivery. The food is cooked to order for customers attending the Premises, which is located on the ground floor with a small preparation area and small office space on the first floor.

 

The Premises have the benefit of two existing premises licences (Licence numbers 16/03312/LIPDPS and 16/06647/LIPN). Both Licences are currently suspended for non-payment of the annual fee by the previous licence holder.

 

The Premises are located within the Vincent Square Ward and have been operating for almost three years. They are now seeking to licence the Premises for Late Night Refreshment until 01.00 with no alcohol sales.

 

The Applicant is aware that the hours applied for fall outside Westminster’s core hours policy under its SLP. However, the Applicant asserts that the nature of the food served at the Premises and the ability for people to remain inside when ordering or eating, along with the proposed measures/conditions to be put in place to prevent nuisance, means that Public Nuisance will be less of a concern than with similar styles of premises. 

 

There is no policy presumption to refuse applications outside of the West End CIZ. Therefore, the Applicant must demonstrate that they have had regard to the considerations contained in the Victoria SCZ under the terms of the SLP. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.

 

Representations were received from the Environmental Health Service, Metropolitan Police Service and one local resident all citing concerns regarding public nuisance and crime and disorder.

 

There is a resident count of 99.

 

Premises

 

Wok and Fire

326 Vauxhall Bridge Road

London

SW1V 1AA 

 

Applicant

 

Global Partners Bd Limited

 

Ward

 

Vincent Square

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

Victoria

 

Activities and Hours applied for

 

Opening Hours for the Premises

 

Monday to Saturday 11:00 to 01:30

 

Sunday 11:00 to 00:30

 

Late Night Refreshments

 

Monday to Friday 23:00 to 01:00

 

Sunday 23:00 to 00:00

 

Representations Received

 

·       Metropolitan Police Service (PC Dave Morgan) withdrawn

·       Environmental Health Service (Ayesha Bolton) (EHS)

·       One resident

 

 

 

Summary of Representations