Agenda and minutes

To report any changes to the membership.

1.1       There were no changes to the membership.

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.

2.1       There were no declarations of interest.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   West End*   None**	77 Brewer Street W1F 9ZN	Premises Licence – Shadow Licence	24/00187/LIPSL
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 7 March 2024

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Louise Hyams

 

Officer Support        Legal Advisor:           Horatio Chance

                                Policy Officer:             Aaron Hardy

                                Committee Officer:           Jonathan Deacon

                                Presenting Officer:            Roxsana Haq

 

Others present:       Mr Craig Baylis Solicitor (Keystone Law, representing the Applicant).

 

 

Application for a Shadow Premises Licence in respect of 77 Brewer Street London W1F 9ZN 24/00187/LIPSL

 

FULL DECISION

 

Case Summary

 

The Sub-Committee has determined an application for a Shadow Licence under the Licensing Act 2003 (“The Act”) in respect of 77 Brewer Street London W1F 9ZN (“The Premises”). The Applicant seeks the same terms and conditions as premises licence (23/04136/LIPDPS).

 

The Premises has held a premises licence since July 2012. A copy of the current premises licence (licence number 23/04136/LIPDPS) appears at Appendix 2 of the agenda report.

 

The Premises are located within the West End Ward and falls within the West End Cumulative Impact Zone. There is no policy presumption to refuse a restaurant premises operating in the West End CIZ provided it does not conflict with other  existing policies such as CD1, PS1, PN1 and CH1 and does not add to negative cumulative impact.

 

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.

 

There is a resident count of 52.

 

Representations were received from one local resident and the Soho Society who have since withdrawn their objection. The local resident cites concerns regarding public nuisance and crime and disorder.

 

 

 

Premises

 

77 Brewer Street

London

W1F 9ZN

 

Applicant

 

The Crown Estate Commissioners

 

Cumulative Impact Area

 

West End Cumulative Impact Zone (“West End CIZ”)

 

Activities and Hours

 

Exhibition of Films (Indoors)

 

Monday to Sunday 11:30 to 01:00

 

Seasonal variations: None

 

Live Music, Recorded Music (Indoors)

 

Monday to Sunday 11:30 to 01:00

 

Seasonal variations: None

 

Late Night Refreshment (Indoors)

 

Monday to Sunday 23:00 to 01:00

 

Seasonal variations: None

 

Sale by Retail of Alcohol (On the Premises)

 

Monday to Sunday 11:30 to 01:00

 

Seasonal variations: From the start of permitted hours on New Year’s Eve to the end of permitted hours on New Year’s Day.

          

Opening Hours of the Premises

 

Monday to Sunday 11:30 to 01:30

 

Seasonal variations: None

 

Representations Received

 

• The Soho Society (withdrawn 12 February 2024).
• One Local Resident.

 

Summary of Representations Received

 

·       I would object to this licence after 12 midnight. This street already suffers from unacceptable levels of crime and out of control anti-social behaviour and noise pollution. How can you warrant a 1am alcohol license when we have these issues going on in the local community. There is a school nearby and lots of social and private housing in the near vicinity. We are already plagued everyday by issues from the late night license at the box nightclub.

 

Policy Considerations

 

Policies CIP1, HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy (“SLP”).

 

Policy CIP1

 

A. It  ...  view the full minutes text for item 1.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   None*   None**	Nikita 22 Davies Street W1K 3DT	Premises Licence Variation	23/06454/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 7 March 2024

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Louise Hyams

 

Officer Support        Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Roxsana Haq

 

Others present:       Mr Gary Grant (Counsel, representing the Applicant), Mr Marcus Lavell (Barrister, Keystone Law, on behalf of the Applicant), Mr Jean-Philippe Kley (Director, Applicant Company), Mr Leo Gle (Designated Premises Supervisor), Mr Tony Nash (Expert Witness, on behalf of Applicant), Mr Maxwell Koduah (Environmental Health), Mr Richard Brown, Licensing Advice Project (on behalf ofResidents' Society of Mayfair and St. James's and 5 local residents including in relation to Davies Street Residents Association) and 1 local resident (Residents' Society of Mayfair and St. James's).

 

Application for a Variation of Premises Licence in respect of Nikita 22 Davies Street London W1K 3DT 23/06454/LIPV

 

FULL DECISION

 

Case Summary

 

The Sub-Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Nikita 22 Davies Street London W1K 3DT (“The Premises”).  The Premises operates as a workspace and catered lounge. The Premises Licence Holder (“PLH”) is Goodkat Limited. The Designated Premises Supervisor is Mr Leo Gle.

 

The PLH seeks to vary the Licence as follows:-

 

• Extend Opening Hours for licensable activities as detailed in Section 1B of the agenda report.
• Amend Condition 18 so that it reads “There shall be no admittance or re-admittance to the premises after 00:30 save for smokers, performers and staff”.

 

The Premises has held a premises licence since 25 March 2021. A copy of the current premises licence (licence number 23/07952/LIPDPS) appears at Appendix 1 of the agenda report.

 

The Premises are located within the West End Ward and do not fall within the West End Cumulative Impact Zone or any special consideration zone. As such there is no policy presumption to refuse such 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.

 

There is a resident count of 92.

 

Representations were received from one local resident and the Soho Society who have since withdrawn their objection. The local resident cites concerns regarding public nuisance and crime and disorder.

 

Premises

 

Nikita

22 Davies Street

London

W1K 3DT

 

Premises Licence Holder

 

Goodkat Limited

 

Cumulative Impact Area

 

N/A

 

Activities and Hours

 

As per the Premises Licence

 

Representations Received

 

• Environmental Health Service (EHS) (Maxwell Koduah).
• Metropolitan Police Service (MPS) PC Adam Deweltz (Withdrawn).
• 15 Local residents

 

 

Summary of Representations Received

 

• Following consideration of the application and how it may affect the Licensing Objectives and meeting the requirements of the Council’s Statement of Licensing Policy I wish to make the following representations:

1. The hours requested to perform live music may have the likely effect of causing an increase in Public Nuisance within the area

2. The hours requested to  ...  view the full minutes text for item 2.

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Church Street   None*   None**	428 Edgware Road W2 1EG	New Premises Licence	23/0534/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 7 March 2024

 

Membership:           Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Louise Hyams

 

Officer Support        Legal Advisor:           Horatio Chance

                                Policy Officer:             Aaron Hardy

                                Committee Officer:           Jonathan Deacon

                                Presenting Officer:            Roxsana Haq

 

Others present:       Mrs Amineh Mohavi (Applicant), Mr Adel Motlaghi Sayahi (Manager of the premises), Ms Fatemeh Motlaghi Sayahi (on behalf of the Applicant and Manager of the premises) and Mr Maxwell Koduah (Environmental Health).

 

Application for a New Premises Licence in respect of 428 Edgware Road

London W2 1EG 23/05348/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 428 Edgware Road London W2 1EG (“The Premises”). The Premises intends to operate as a restaurant and has had the benefit of a time limited licence between 9 April 2019 and 9 February 2020.

 

The Premises were granted a new premises licence in 2020 however, the licence lapsed in August 2023 (20/08194/LIPT). A copy of the premises licence can be found at Appendix 4 along with the full history which can be seen at Appendix 5 of the agenda report.

 

Following consultation, the applicant reduced the timings for Late Night Refreshment from Monday to Thursday 23:00 to 01:30 and Friday to Saturday 23:00 to 02:00 to the timings stated at section 1-B of the agenda report.

 

The Premises are located within the Church Street Ward and do not fall within the West End CIZ or any Special Consideration Zone. As a result there is no policy presumption to refuse such 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.

 

There is a resident count of 229. 

 

Representations were received from the EHS, MPS, Hyde Park Estate Association and 4 local residents citing concerns regarding public nuisance and crime and disorder.

 

Premises

 

428 Edgware Road

London

W2 1EG

 

Applicant

 

Mrs Amineh Mohav

 

Cumulative Impact Area

 

N/A

 

Activities and Hours

 

Late Night Refreshment (Indoors)

 

Monday to Thursday 23:00 to 00:30

Friday to Saturday 23:00 to 01:30

Sunday 23:00 to 00:30

 

Seasonal Variations: None

 

Hours Open to the Public

 

Monday to Thursday 11:00 to 01:30

Friday to Sunday 11:00 to 02:30

 

Seasonal Variations: None

 

Representations Received

.

• Environmental Health Service (EHS) Ayesha Bolton.
• Metropolitan Police Service (MPS) PC Adam Deweltz.
• Planning Department Avani Raven.
• Lilestone Co Op 1 Wyatt House, Frampton Street London NW8 8ND.
• Hyde Park Estate Association.
• Three Local residents

 

Summary of Representations received

 

• The provision and the hours requested for Late Night Refreshment will have the likely effect of causing an increase in Public Nuisance within the area. The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the area.
• The premises is located at 428 Edgware Road, W2 1EG. The Police have concerns  ...  view the full minutes text for item 3.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Lancaster Gate   None*   Queenswater and Bayswater**	127a Queensway W2 4SJ	New Premises Licence	24/00322/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 7 March 2024

 

Membership:           Councillor Angela Piddock (Chair), Councillor Judith Southern and Councillor Louise Hyams

 

Officer Support        Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Roxsana Haq

 

Others present:       Mr Luke Elford (John Gaunt & Partners, representing the Applicant), Mr Jody Styles (Applicant Company), PC Dave Morgan (Metropolitan Police Service), Mr Richard Brown, Licensing Advice Project (on behalf ofSouth East Bayswater Residents’ Association) and 1 local resident (on behalf of South East Bayswater Residents’ Association).

 

Application for a New Premises Licence in respect of Marks & Spencer 127A Queensway London W2 4SJ 24/00322/LIPN

 

Full Decision

 

Case Summary

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intends to operate as a Marks & Spencer Simply food retail store. This is a new premises licence application and therefore no premises licence history exists.

 

The Premises are located within the Lancaster Gate Ward and fall within the Queensway and Bayswater Special Consideration Zone. As such there is no policy presumption to refuse such applications outside of the West End CIZ. However, the Applicant must demonstrate that they have considered the matters contained in the Queensway and Bayswater Special Consideration Zone at Paragraphs D49 and D50 on page 56 of the City Council’s SLP.

 

Paragraph D49 states:

 

The Queensway/Bayswater area is 0.13km2 in size accounting for 0.5% of the borough’s footprint. The local issues that need to be considered by applicants are:

 

·       Elevated levels of noise nuisance at night.

·       Illegal waste.

·       Incidents relating to ambulance and call outs at night to the locations of licensed premises for intoxication, injury related to intoxication and/or assault.

·       Serious violent crimes.

·       Robberies at night.

 

Paragraph D50 states:

 

The incidents recorded between 2017 and 2019 for this area were nearly three times the borough’s average rate of incidents per square kilometre.

 

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.

 

There is a resident count of 211.

 

Representations were received from the MPS and SEBRA citing concerns regarding public nuisance and crime and disorder.

 

Premises

 

127A Queensway

London

W2 4SJ

 

Applicant

 

London Retail Partners Limited

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

Queensway and Bayswater SCZ

 

Activities and Hours

 

Sale by Retail of Alcohol (Off the Premises)

 

Monday to Saturday 08:00 to 23:00

Sunday 09:30 to 22:30

 

Hours Premises are Open to the Public

 

Monday to Sunday 06:00 to 00:00

 

 

 

 

 

Representations Received

.

• Metropolitan Police Service (MPS) PC Dave Morgan.
• John Zamit Chair of Southeast Bayswater Residents Association (SEBRA).

 

 

 

Summary of Representations received

 

·       I am writing to inform you that the Metropolitan Police Service as a

Responsible Authority are objecting to this application on the basis that if granted, it would undermine the Licensing Objectives, namely The Prevention of Crime and Disorder and the Protection of Children from Harm.

·       I am writing on  ...  view the full minutes text for item 4.