Agenda and minutes

Licensing Sub-Committee (4) - Thursday 23rd May, 2024 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

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.

Tesco, 40 Edgware Road, W2 2EH pdf icon PDF 1 MB

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone

 

* None

 

** Edgware Road Buffer

 

Tesco

40 Edgware Road

W2 2EH

 

New Premises Licence

24/01193/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4

(“The Committee”)

 

Thursday 23 May 2024

 

Membership            Councillor Angela Piddock Councillor Judith Southern and Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Horatio Chance

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Jeremy Bark (Solicitor for the Applicant) and

Hardish Purewal (Applicant company)

 

Richard Brown - Licensing Advice Project on behalf of the Hyde Park Estate Association

 

Application for a New Premises Licence in respect of Tesco 40 Edgware Road London W2 2EH 24/01193/LIPN

 

FULL DECISION

 

Summary of the Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Tesco 40 Edgware Road London W2 2EH (“The Premises”).  The Premises intends to operate as a supermarket in the Marylebone Ward.  The Premises are located within the Edgware Road Buffer Zone Special Consideration Zone. There is no policy presumption to refuse applications of this type outside of the West End CIZ.  However, the onus is on the Applicant to address the key considerations of the Edgware Road Buffer Zone at paragraphs D51 and D52 as set out on page 57 of the City Councils SLP.

 

Paragraph D51 reads “Edgware Road is 0.10km2 in size, accounting for 0.4% of the borough’s footprint. The local issues  that need to be considered by applicants are: Serious Violent Crime at Night, Incidents relating to ambulance call outs at night to the locations of licensed premises for intoxication, injury related to intoxication and/or assault, Drug dealing at night, Robberies at Night, Theft incidents at night, Noise Nuisance at night; Paragraph D52 states; The incidents recorded between 2017 and 2019 were nearly four times the boroughs average rate of incidents per square kilometre).

 

The Applicant has addressed the concerns of the SCZ as part of their submission on pages 13-14 of the additional papers.  The Applicant applied for Late Night Refreshment but has since withdrawn this from the application. Therefore, the sale of alcohol Off the Premises applies - the start time has been amended from 06:00 to 08:00. 

 

There is a resident count of 180.

 

Premises

 

Tesco

40 Edgware Road

London

W2 2EH

 

Applicant

 

Tesco Stores Limited

 

Ward

 

Marylebone

 

Cumulative Impact Area

 

None

 

Special Consideration Zone

 

Edgware Road SCZ

 

Activities and Hours

 

Sale by Retail of Alcohol (Off the Premises) Monday to Sunday 08:00 to 23:00.

 

Seasonal variations: None

          

Opening Hours of the Premises: Monday to Sunday: 06:00 to 00:00.

 

Seasonal variations: None

 

Representations Received

 

  • Metropolitan Police Service (PC Dave Morgan) (Withdrawn)
  • Environmental Health Service (Kudzy Mondhlani) (Withdrawn)
  • Susie Burbridge (Hyde Park Estate Association).
  • Councillor Karen Scarborough.

 

The Hyde Park Estate Association (“HPEA”) and Councillor Karen Scarborough objected citing concerns regarding public nuisance, crime and disorder, Public Safety and Protection of Children from Harm. Both objectors wish for the applicant to be refused because the Premises is located within the Edgware Road Buffer Special Consideration Zone. Councillor Scarborough has since stated that if the revised delivery condition as proposed by Richard  ...  view the full minutes text for item 1.

2.

The Chandos Public House, 29 St Martin's Lane, WC2N 4ER pdf icon PDF 7 MB

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

 

* West End

 

** None

 

The Chandos Public House

29 St Martin’s Lane

WC2N 4ER

 

Premises Licence Variation

24/00808/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4

(“The Committee”)

 

Thursday 23 May 2024

 

Membership            Councillor Angela Piddock Councillor Judith Southern and

Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Horatio Chance

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Niall McCann (Solicitor for the PLH) and

Samuel Smith (Director, PLH)

 

 

Application for a Variation of Premises Licence in respect of The Chandos Public House 29 St Martins Lane London WC2N 4ER 24/00808/LIPV

 

 

Summary of the Application

 

The Sub-Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”) in respect of The Chandos Public House 29 St Martins Lane London WC2N 4ER (“The Premises”).  The Premises currently operates as a Pub.  The Premises Licence Holder (“PLH”) is Samuel Smith (Southern).

 

The PLH seeks to vary the Premises Licence as follows:-

 

  • To extend the timings for Late Night Refreshment and the Opening Hours until 00:00 hours on Friday and Saturday. (plus 30 minutes)

 

  • To extend the timings for the Retail Sale of Alcohol until 23:30 hours on Friday and Saturday. (plus 30 minutes)

 

  • To add non-standard timings for all licensable activities including the opening hours to extend for New Year's Eve.

 

  • To remove all conditions currently attached to the Premises Licence and replace with the conditions shown at Appendix 4 of the agenda report.

 

By way of submissions the PLH has provided the following appearing at Appendix 1 of the Agenda Report:-

 

  • Written Submissions.
  • Food and drinks menus.
  • Photographs of the premises.

 

The Premises have had the benefit of a licence since 2005 under Licence number 05/05535/LIPC. A copy of the licence can be found at Appendix 2 along with the premises history at Appendix 3.

 

The Premises are located within the St James’s Ward and fall within the West End Cumulative Impact Zone. There is no policy presumption to refuse applications of this type inside the West End CIZ other than to vary existing core hours and reduce overall capacity. However, where these requirements are not met an exception to policy must be found. 

 

There is a resident court of 42.

 

Premises

 

The Chandos Public House

29 St Martins Lane

London  WC2N 4ER

 

Premise Licence Holder (“PLH”)

 

Samuel Smith (Southern)

 

Ward

 

West End

 

Cumulative Impact Area

 

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

 

Representations received

 

·       Environmental Health Service (withdrawn)

·       Local resident.

 

Summary of Representations Received

 

  • To extend the hours from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day. This is excessive and allowing continuous opening for a period of more than 36 hours is unnecessary. Fri/Sat opening hours should be in line with other public hours in the area. There is no mention in Annex A about CCTV signage being displayed, nor of the GDPR protection / redaction process for providing CCTV footage to enforcement agencies.

 

Policy Considerations

 

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

 

Policy CIP1

 

 A. It is  ...  view the full minutes text for item 2.