Agenda and minutes
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Contact: Sarah Craddock, Committee and Councillor Co-ordinator Email: scraddock@westminster.gov.uk Tel: 07790980186
Media
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Membership To report any changes to the membership. Minutes: 1.1 There were no membership changes. |
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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. |
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Wok and Fire, 33 Haymarket, London Additional documents:
Minutes: WCC LICENSING SUB-COMMITTEE NO. 4 (“The Committee”)
Thursday 13 July 2023
Membership: Councillor Angela Piddock (Chair) Councillor Concia Albert and Councillor Louise Hyams
Officer Support: Horatio Chance: Legal Advisor Policy Officer: Aaron Hardy Committee Officer: Jack Robinson-Young
Other Parties: Mr David Dadds of Dadds LLP, representing the Applicant WF Piccadilly Limited. The Licensing Authority (Karyn Abbott calling Estefania Rumble City Inspector as witness). Environmental Health Service (Sally Fabbricatore). Metropolitan Police Service (PC Tom Stewart).
Application for a New Premises Licence in respect of Wok and Fire 33 Haymarket London SW1Y 4HA 23/01516/LIPN
Full Decision
Case Summary
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of the above premises (“The Premises”). The Premises currently operates as a noodle restaurant and takeaway. This is a new premises application and therefore no Premises Licence history exists, save for the various Temporary Event Notices listed at Appendix 3 of the agenda report.
The application provides that from 23:00 there will be no late-night refreshment on the Premises and no delivery of food. Therefore, the late-night refreshment will be for takeaway service to customers only. Further, on Fridays and Saturdays from 21:00 there will be one licensed door supervisor on duty at the Premises.
The Applicant has provided a report prepared by Mr Adrian Studd, Independent Licensing Consultant. This can be seen at Appendix 2.
The Premises was inspected by the Council’s City Inspector on two occasions where Late Night Refreshment was prepared on the Premises after 23:00 hours giving rise to breaches of the Act for undertaking the selling of hot food without the appropriate authorisations in place. The City Inspector’s Witness Statements are contained on pages 24-26 of the report from Ms Estefania Rumble.
The Premises are located within the St James’s Ward and West End Cumulative Impact Zone. The matter was assessed on its individual merits having regard to the evidence before the LSC and the promotion of the licensing objectives.
There is a resident count of 31.
Representations were received from the Environmental Health Service, Metropolitan Police Service all citing concerns regarding public nuisance and crime and disorder.
Premises
Wok and Fire 33Haymarket London SW1H 4YA
Applicant
WF Piccadilly Limited
Cumulative Impact Area
West End Cumulative Impact Zone (“West End CIZ”)
Activities and Hours
Late Night Refreshment (Indoors)
Monday to Sunday 23:00 to 01:00 Sunday 23:00 to 00:00
Seasonal variations: None
Opening Hours of the Premises
Monday to Saturday 11:00 to 01:30
Sunday 12:00 to 01:30
Seasonal variations: None
Representations Received
Summary of Representations
• Public Nuisance • Prevention of Crime & Disorder • Public Safety • Protection of children from harm
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King Henry VIII Hotel, 23 Leinster Gardens, W2 3AN Additional documents:
Minutes: WCC LICENSING SUB-COMMITTEE NO. 4 (“The Committee”)
Thursday 13 July 2023
Membership: Councillor Angela Piddock (Chair) Councillor Concia Albert and Councillor Louise Hyams
Officer Support: Horatio Chance: Legal Advisor Policy Officer: Aaron Hardy Committee Officer: Jack Robinson-Young
Other Parties: Mr Jack Spiegler of Thomas & Thomas Partners, representing the Applicant Ordersupply Limited. Environmental Health Service (Maxwell Koduah) Richard Brown Westminster Licensing Project representing SEBRA (John Zamit, Chair of SEBRA).
Application for a New Premises Licence in respect of 23 Leinster Gardens London W2 3AN 23/02649/LIPN
Full Decision
Case Summary
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of the above Premises (“The Premises”). The Premises intends to operate as a hotel lobby bar at ground and lower ground floor level, ancillary to the use of the Premises as a hotel. The provision of licensable activities shall be to residents of the hotel and their bona fide guests only. The Applicant has proposed conditions to form part of the operating schedule that appears at Appendix 4 of the agenda report.
The Premises are located within the Lancaster Gate Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies. There is no policy presumption to refuse applications outside of the West End CIZ.
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, SEBRA, 5 local residents and two Councillors, one of which withdrew their representation all citing concerns regarding public nuisance and public safety.
There is a resident count of 144.
Premises
King Henry VIII Hotel 23 Leinster Gardens London W2 3AN
Applicant
Ordersupply Limited
Cumulative Impact Area
None
Activities and Hours
Late Night Refreshment (Indoors)
Monday to Thursday 23:00 to 23:30 Friday and Sunday 23:00 to 00:00 Sunday N/A
Seasonal variations: 00:00 on Sundays immediately before Bank Holiday Mondays. From the end of permitted hours on New Years’ Eve to the start of permitted hours on New Years’ Day.00:00 – 00:00 for hotel residents and their bona fide guests by way of room service
Sale by Retail of Alcohol (Indoors and Outdoors)
Monday to Thursday 09:00 to 23:30 Friday and Saturday 09:00 to 00:00 Sunday 09:00 to 22:30
Seasonal variations:00:00 on Sundays immediately before Bank Holiday Mondays. From the end of permitted hours on New Years’ Eve to the start of permitted hours on New Years’ Day.00:00 – 00:00 for hotel residents and their bona fide guests by way of room service
Opening Hours of the Premises
Monday to Sunday 00:00 to 00:00
Seasonal variations: None
Representations Received
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The St John's Wood General Store, 17 St John's Wood High Street, NW8 7NG Additional documents:
Minutes: WCC LICENSING SUB-COMMITTEE NO. 4 (“The Committee”)
Thursday 13 July 2023
Membership: Councillor Angela Piddock (Chair) Councillor Concia Albert and Councillor Louise Hyams
Officer Support: Horatio Chance: Legal Advisor Policy Officer: Aaron Hardy Committee Officer: Jack Robinson-Young
Other Parties: Mr Alun Thomas and Will Robinson of Thomas & Thomas Partners, representing the Applicant T42 Limited, Raj Bathia Owner, Ethan Berenzweig (Landlord) Environmental Health Service (Maxwell Koduah).
Application for a New Premises Licence in respect of The St Johns Wood General Store 17 St John's Wood High Street London NW8 7NG 23/03022/LIPN
Full Decision
Case Summary
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of the above Premises (“The Premises”). The Premises intends to operate as a premium general store.
The Applicant has proposed 13 conditions in their operating schedule. The MPS withdrew their representation after the Applicant agreed to amend the CCTV condition. These can be found in Appendix 4 of the agenda report. The Applicant has provided a summary of proposals, a letter to the interested parties and details about the Premises, these can be found at Appendix 2. The Applicant submitted a written submission and this was considered by the Sub-Committee.
The Premises are located within the Regents Park Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies. There is no policy presumption to refuse an application of this type under Policy SHP1.
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 MPS (withdrawn) EHS and 3 local residents all citing concerns regarding public nuisance and public safety.
There is a resident count of 216.
Premises
The St Johns Wood General Store 17 St John’s Wood High Street London NW8 7NG
Applicant
T42 Limited
Cumulative Impact Area
None
Activities and Hours
Sale by Retail of Alcohol (Outdoors)
Monday to Saturday 08:00 to 23:00 Sunday 09:00 to 22:30
Opening Hours of the Premises
Monday to Sunday 07:00 to 23:00
Seasonal variations: None
Representations Received
· Metropolitan Police Service (MPS) (PC Reaz Guerra) (Withdrawn 23 June 2023) · Environmental Health Service (EHS) (Kudzaishe Mondhlani) · Miss Marjike Drewes, 78A St Johns Wood High Street London NW8 7SH · Ms Sarah Amador 78A St Johns Wood High Street London NW8 7SH · Mr Xavier D’arifat 78A St Johns Wood High Street London NW8 7SH
Summary of Representations
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Clemence, 46 Shepherd Market, W1J 7QS Additional documents:
Minutes: WCC LICENSING SUB-COMMITTEE NO. 4 (“The Committee”)
Thursday 13 July 2023
Membership: Councillor Angela Piddock (Chair) Councillor Concia Albert and Councillor Louise Hyams
Officer Support: Legal Advisor: Horatio Chance Policy Officer: Aaron Hardy Committee Officer: Jack Robinson-Young Presenting Officer: Roxsana Haq
Also Present: Jack Spiegler of Thomas and Thomas Partners representing the Premises Licence Holder, Nathan Lowry of the Applicant Company.
Application for a Variation in respect of Clemence 46 Shepherd Market London W1J 7QS 23/02937/LIPV
FULL DECISION
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Clemence 46 Shepherd Market, London W1J 7QS (“The Premises”). The Premises currently operates as a café and shop with a small bar serving coffees, carafes of wine, small glasses of “pression” craft beers and a short wine list. The Premises Licence Holder is 1WSBH Limited and the current Designated Premises Supervisor is Mr Nathan Lowry.
The Premises has had the benefit of a premises licence since 2022. The current premises licence (22/00815/LIPN) can be viewed at Appendix 2 of the agenda report along with the premises history at Appendix 3. The PLH has provided a mediation letter for the interested party. A copy can be found at Appendix 1.
The variation seeks the following:-
· To vary the terminal hour for the retail sale of alcohol on Thursday to Saturday from 22:30 to 23:30. · To add Late Night Refreshment Thursday to Saturday 23:00 to 23:30 · To vary the opening hours on Friday to Saturday from 23:30 to 00:00.
The Premises are located within the West End Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies. There is no policy presumption to refuse applications outside of the West End CIZ.
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 one local resident citing concerns regarding public nuisance.
There is a resident count of 132.
Premises
Clemence 46 Shepherd Market London W1J 7QS
Premises Licence Holder
1WSBH Limited (“PLH”)
Ward
West End
Cumulative Impact
None
Special Consideration Zone
None
Activities and Hours applied for
As per the Premises Licence
Representations Received
· One local resident
Summary of Representations
· The application fails to take into account the impact of these extended licences on residents. Shepherd Market is typically residential above the ground floor, and the noise and disruption from late night drinking significantly impairs the experience of living in the Market. This problem is exacerbated when drinkers are outside, and despite many assurances from business owners over the years (and indeed the terms of their licences), they prove incapable of limiting the outside crowds. The existing licensing hours are much more consistent with the mixed use nature of the neighbourhood and the extended hours should be rejected.
Policy Considerations
Policies HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy HRS1 ... view the full minutes text for item 4. |