Agenda and minutes

Licensing Sub-Committee (2) - Thursday 3rd March, 2016 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership.

 

2.

Declarations of Interest

To receive declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

Minutes:

There were no declarations of interest.

1.

Restaurant, 1 Grosvenor Gardens, SW1 pdf icon PDF 3 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

St James’s Ward / not in cumulative impact area 

1 Grosvenor Gardens, SW1

New

15/07477/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 3rd March 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbridge and Councillor Shamim Talukder.

 

Legal Adviser:           Horatio Chance

Policy Officer:           Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:  Ola Owojori

 

Relevant Representations: Environmental Health, Goring Hotel and five local residents.

 

Present:  Mr Alun Thomas (Solicitor for the Applicant Company), Mr Fiaz Rasool (Applicant Company), Mr Laurence Selman (Applicant Company), Mr Gerry Calebrese (Applicant Company), Mr Ian Watson (Environmental Health Department), Mr Stuart Geddes (Goring Hotel) and Ms Ursula Claxton (Local Resident).

 

 

 

Restaurant, 1 Grosvenor Gardens, SW1

15/07477/LIPN

 

1.

 

Late Night Refreshment

 

 

 

Monday to Thursday: 23:00 to 23:30

Friday and Saturday: 23:00 to 00:00

 

 

From the end of permitted hours on New Year’s Eve to 05:00 on New Year’s Day.

 

Sunday before Bank Holiday: 23:00 to 00:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

Decision (including reasons if different from those set out in report):

 

Mr Thomas, Solicitor representing the Applicant Company, began by stating that the application was for a ‘British brassiere’ restaurant on a site that had previously been a bank, although the building had not been in use for ten years. Mr Thomas advised that the application had been adjourned at the request of the Applicant Company from a previous hearing in order to address concerns raised in representations in respect of a servicing management plan. He informed the Sub-Committee that a servicing management plan had received planning approval on 10 February and planning permission for a restaurant at the premises had been given in 2014. Mr Thomas referred to the proposed servicing management plan produced by an independent consultant that was included as part of the application. He stated that there would be no more than five deliveries a day and informed Members that the proposed hours for deliveries had been amended from 07:30 to 16:00 in the plan to 08:00 to 16:00 Monday to Friday, and 08:00 to 13:00 on Saturdays, with no deliveries on Sundays and Bank Holidays. In respect of refuse and recycling collection, one collection per day from 07:30 to 16:00 Monday to Friday and from 08:00 to 13:00 on Saturday was proposed, again with no collections on Sundays and Bank Holidays. Mr Thomas explained that any deliveries unloaded from Grosvenor Gardens Mews East (the Mews) would involve Transit sized vans, with deliveries controlled by instruction sheets given to suppliers and overseen by a Banksman to oversee the vans reversing down this road.

 

Mr Thomas stated that goods and refuse would enter and exit the premises via the fire exit, which was not uncommon and in any case there would only be up to five deliveries a day and one refuse collection a day. In respect of access and egress of staff, Members noted that this would be via Lower Grosvenor Place. Mr Thomas stated that the Applicant Company had intended to contact local residents in respect of their concerns, however no email addresses were available to undertake this. He acknowledged that staff from the Goring  ...  view the full minutes text for item 1.

2.

Shaftesbury Food And Wine, Avenue House, 25-27 Shaftesbury Avenue, W1 pdf icon PDF 911 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area 

Shaftesbury Food And Wine, Avenue House, 25-27 Shaftesbury Avenue, W1

Variation

15/11886/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 3rd March 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbridge and Councillor Shamin Talukder

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

 

Shaftesbury Food and Wine, Avenue House, 25-27 Shaftesbury Avenue, W1

15/11886/LPIV

 

 

Application adjourned prior to the hearing.

 

 

 

3.

Cumberland Food & Wine, 11 Great Cumberland Place, W1 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Bryanston And Dorset Square Ward / not in cumulative impact area 

Cumberland Food & Wine, 11 Great Cumberland Place, W1

Variation

15/11866/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 3rd March 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbridge and Councillor Shamim Talukder.

 

Legal Adviser:           Horatio Chance

Policy Officer:           Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:  Yolanda Wade

 

Relevant Representations: Environmental Health and the Metropolitan Police Service

 

Present:  Ms Sarah Le Fevre (Barrister representing the Applicant Company), Thomas O’Maoileoin (Solicitor representing the Applicant Company), Mr Rahman (Applicant Company), PC Toby Janes (Metropolitan Police Service) and Mr Maxwell Koduah (Environmental Health Department)

 

 

 

Cumberland Food & Wine, 11 Great Cumberland Place W1

15/11866/LIPV

 

1.

 

Late Night Refreshment

 

 

 

Monday to Sunday: 23:00 to 01:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

Miss Le Fevre, Barrister representing the Applicant Company, began by stating that Policy RNT2 did not apply to the application as the premises was not located in a cumulative impact area and so should be disregarded. She confirmed that the application was for late night refreshments for consumption off site from 23:00 until 01:00 Monday to Sunday only and there were no proposals to extend the hours of sale by retail of alcohol. Miss Le Fevre advised the Sub-Committee that the Applicant Company had agreed to all the conditions requested by the Council’s Environmental Health Department. Members heard that the Applicant Company wished to apply for late night refreshment as there was customer demand for hot snacks such as samosas and pasties, as well as tea and coffee, during later hours. The hot snacks were to be heated in a microwave behind the serving counter and no primary cooking would take place on the premises. Miss Le Fevre explained that the clientele during the later hours typically included staff from nearby hotels and London Underground. She informed the Sub-Committee that the Applicant Company had operated under a succession of temporary event notices on the weekends leading up to Christmas to provide late night refreshment and during this time there had been no evidence to suggest that the licensing objectives had been undermined. Furthermore, none of the temporary event notices had received representations when they had been applied for. Miss Le Fevre added that no residents had made representations in respect of this application.

 

In respect of Policy HRS1, Miss Le Fevre asserted that the two CCTV conditions already on the premises licence helped address this and she stated that the Applicant Company took a proactive role in keeping the immediate area around the premises licence clean. Referring to incidences linked to the premises, Miss Le Fevre advised the Sub-Committee that the reported thefts happened at a cash point and one staff member had been assaulted at 7.50am. There had also been a stabbing in the area and the victim sought refuge at the premises, where upon staff provided first aid, called the Police and provided CCTV as evidence, demonstrating the proactive action taken by staff to uphold the licensing objectives as a responsible licensed premises holder. The Sub-Committee noted that a total  ...  view the full minutes text for item 3.

4.

Snowflake, Unit 1, Marble Arch House, 44 Edgware Road, W2 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Bryanston And Dorset Square Ward / Edgware Road Cumulative impact area 

Snowflake, Unit 1, Marble Arch House, 44 Edgware Road, W2

New

16/00299/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 3rd March 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbridge and Councillor Shamim Talukder.

                                                         

Legal Adviser:           Horatio Chance

Policy Officer:           Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:  Yolanda Wade

 

Relevant Representations: Environmental Health

 

Present: Mr Niall McCann (Solicitor representing the Applicant Company), Mr Asad Khan (Founder and Chief Executive Officer for the Applicant Company) and Mr Anil Drayan (Environmental Health Department).

 

 

 

 

Snowflake, Unit 1, Marble Arch House, 44 Edgware Road W2

16/00299/LIPN

 

1.

 

Late Night Refreshment

 

 

 

Sunday to Thursday: 23:00 to 00:00

Friday and Saturday: 23:00 to 02:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

Decision (including reasons if different from those set out in report):

 

Mr McCann, Solicitor representing the Applicant Company, began by stating that the Applicant Company already operated four, high-end, boutique ice-cream establishments, including one located within Selfridges on Oxford Street. Three of these premises did not have a premises licence, whilst the other had a premises licence in order to provide late night refreshments until 01:00 on Fridays and Saturdays. Mr McCann advised that none of the premises sold alcohol and there were no proposals in this application to do so. Mr McCann advised that hours for late night refreshment had been applied for in order that customers could consume hot food and drinks after 23:00 as well as cold food and drinks. This would also prevent potential confusion to customers if they were only able to order cold food and drinks after 23:00. Mr McCann drew Members’ attention to the plans as set out in the application and advised that a capacity of 60 people was suggested. The premises would be located in a new building and Mr McCann confirmed that there were no proposals to use an outside area. He added that it was a condition on the premises’ lease that outside areas were not to be used by way of strict prohibition. The Police had withdrawn their representation after the Applicant Company had agreed to their request to include two conditions relating to CCTV on the premises licence.

 

Mr McCann stated that the Council’s Environmental Health Department had visited the premises on 11 February and requested six additional conditions of which the Applicant Company had agreed to five of them. However, a condition requesting that only 10% of the menu is to consist of hot food and drink had not been agreed as other premises operated by the Applicant Company with late night refreshment operated without problems with a larger percentage of hot food and drink. In addition, a condition was proposed that the premises operate as an ice-cream parlour and so the menu condition was not required. Mr McCann stated that the application included proposals to not provide hot food and drink for takeaway after 23:00, apart from hot desserts such as waffles and crepes and tea, coffee and hot chocolate. However, he indicated that the Applicant Company may be willing to reduce the hours for the supply of hot food and drink  ...  view the full minutes text for item 4.