Agenda and minutes

Licensing Sub-Committee (4) - Thursday 9th March, 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       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.

McDonalds, 178-180 Edgware Road, W2 2DS pdf icon PDF 10 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone

 

* None

 

** Edgware

 

McDonalds

178-180 Edgware Road

W2 2DS

 

Premises Licence Variation

22/11557/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

 

Thursday 9th March 2023

          

Membership:   Councillor Angela Piddock (Chair),

             Councillor Judith Southern and Councillor Tim Mitchell

 

Officer Support:       Legal Advisor:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties:          Ms Sarah Glover (Counsel for the Applicant),

Ms Hannah Burton and Zoe Betts (Pinsent Masons LLP),

Claude Abi Gerges (Capital Arches Group),

Tim Molden (Capital Arches Group),

Mr Bolton (Head of Security) and

Mr Abhilash (Franchisee Owner),

 

Mr Anil Drayan (Environmental Health Service),

Gerald Gouriet KC on behalf of the Metropolitan Police Service

PC Tom Stewart (Metropolitan Police Service),

 

Councillor Arzymanow (representing the three Marylebone Ward Councillors),

Mr Richard Brown (Westminster’s Licensing Project (CAB) representing the Harrowby and District Resident’s Association and the Marylebone Association,

Mr Steven Thomas, representing the Harrowby and District Resident’s Association

 

Mr David Strang (local resident).

 

 

FULL DECISION

 

 

Application for a variation of a Premises Licence for McDonalds, 178-180 Edgware Road, London W2 2DS – 22/11557/LIPV – Item 1

 

Premises: 

 

McDonalds,

178-180 Edgware Road,

London

W2 2DS

 

Applicant

 

Capital Arches Group Limited

 

Ward

 

Marylebone

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

Edgware Special Consideration Zone

 

Activities and Hours applied for

 

To vary the hours for Late Night Refreshment from 23:00 to 00:00 Mon to Sun

to 23:00 to 05:00 Monday to Sunday.

 

Summary of Application

 

This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”).  The premises has had the benefit of a premises licence since 2005.  The Premises is located within the Marylebone Ward and within Edgeware Special Consideration Zone.  There is a resident count of 158.

 

This application seeks the following:

 

·       To vary the terminal hours for Late Night Refreshment from 00:00 to 05:00 Monday to Sunday and

 

·       To vary the opening hours from 05:00 to 00:00 to 00:00 to 00:00 Monday to Sunday.

 

The extension of the hours is sought to allow the premises to operate 24hours/7days a week.

 

Representations Received

 

·       Environmental Health Service (EHS)

·       Metropolitan Police (MPS)

·       9 Residents.

·       Guy Austin – The Marylebone Association

·       Zoe Dundas Harrowby District Association

·       Cllr Karen Scarborough – Marylebone Ward

 

Issues raised by Objectors

 

EHO states: The extension of hours for Late Night Refreshment may cause an increase in Public Nuisance in the special consideration zone.

 

MPS states: if granted, the premises would undermine the licensing objectives, and in particular, the prevention of crime and disorder and the prevention of public nuisance

 

Residents states:

 

Delivery providers are a complete menace, driving and parking on the pavement. Delivery drivers are noisy and congregate outside and in nearby streets causing a noise and amenity nuisance. By permitting all night opening or any longer hours than at present will exacerbate this situation to the very real distress of local residents and the community. Delivery drivers hang around, fight, block the street and loiter in Crawford Place. This was particularly dangerous for the nursery operating there, causing a health and safety issue for  ...  view the full minutes text for item 1.

2.

London Cocktail Club, Basement, Portland House, 4 Great Portland Street, W1W 8QJ pdf icon PDF 16 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

 

London Cocktail Club

Basement

Portland House

4 Great Portland Street

W1W 8QJ

 

Premises Licence Variation

22/11999/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

 

Thursday 9th March 2023

          

Membership:   Councillor Angela Piddock (Chair),

             Councillor Judith Southern and Councillor Tim Mitchell

 

Officer Support:       Legal Adviser:              Steve Burnett

                                Policy Officer:               Kerry Simpkin

                                Committee Officer:      Sarah Craddock

                                 Presenting Officer:            Jessica Donovan

 

 

Other Parties:  Lana Tricker LT Law on behalf of The London Cocktail Club Ltd

                        Dawn Donohoe – Managing Director

 

                       

  Licensing Authority – Jessica Donovan

                       Metropolitan Police – Tom Stewart

                            

 

Application for a variation of a Premises Licence for The London Cocktail Club, 4 Great Portland Street, W1W 8QJ – 22/11999/LIPV

 

 

Premises: 

 

The London Cocktail Club,

4 Great Portland Street,

London

W1W 8QJ

 

Applicant

 

The London Cocktail Club Limited

 

Ward

 

West End

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone

 

None

Summary of Application

 

This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). 

 

On 25 November 2021 the Licensing Sub Committee granted a time limited extension of hours under reference 21/07628/LIPV. The extension of hours was granted until 30 March 2023.

 

This variation is to permit the extended hours to remain on a permanent basis with the same conditions imposed on the time limited licence.

 

The hours granted to the premises pre the time limited extension and which the premises would revert to on 1st April 2023 in the event that the application were to not be granted.

 

The application seeks the following:

 

a) Vary the terminal hour from 23.30 Thursdays to 00.30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23)

 

b) Vary the terminal hour from 00.00 Fridays and Saturdays to 01:30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23 (no changes are sought Sunday to Wednesday)

 

(c) Add conditions as set out in the operating schedule

 

(d) Remove condition 36 and 37 -44 (replaced by condition in operating

schedule)

 

The Premises is located within West End and within the West End Cumulative Impact Zone. 

 

There is a resident count of 158.

 

Proposed Licensable Activities and Hours

 

a) Terminal hour Thursdays to 00.30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23)

 

b) The terminal hour Fridays and Saturdays to 01:30 for film, live music, recorded music, late night refreshment and retail sale of alcohol (from 30/3/23 (no changes are sought Sunday to Wednesday)

 

c) Opening Times Thurs 10.00 to 00.30 and Fri – Sat from 10.00 to 01.30

 

 

Representations Received

 

·       Licensing Authority (Jessica Donovan)

·       Metropolitan Police (Dave Morgan)

 

Issues raised by Objectors

 

Licensing Authority states: The Licensing Authority has concerns in relation to this application and how the premises would promote the four Licensing Objectives:

 

• Public Nuisance

• Prevention of Crime & Disorder

• Public Safety

• Protection of children from harm

 

Metropolitan Police Sates: If granted, the premises would undermine the licensing objectives: the prevention of crime and disorder.

 

Policy Considerations

 

CIP1

 

A. It is the Licensing Authority’s policy to refuse applications  ...  view the full minutes text for item 2.