Agenda and draft minutes

Licensing Sub-Committee (2) - Thursday 30th November, 2017 10.00 am

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR. 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:

1.1       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:

2.1       There were no declarations of interest.

1.

Scandal, 78 Wells Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact area

Scandal, 78 Wells Street, W1

Variation of a Premises Licence

17/08436/LIPV

 

 

 

 

Minutes:

The application was withdrawn by the applicant.

2.

Tank and Paddle, 15-17 Heddon Street, W1 pdf icon PDF 5 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact area

Tank and Paddle, 15-17 Heddon Street, W1

New Premises Licence

17/10790/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 30th November 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     Environmental Health, The Metropolitan Police and the Licensing Authority.

 

Present: Mr Philip Kolvin QC (Representing the Applicant), Mr Andrew Woods (Agent, representing the Applicant), Mr Ross Palmer and Ms Sarah Miller (representing the Applicant Company), PC Toby Janes (The Metropolitan Police), Mr Maxwell Koduah (Environmental Health) and Mr Steven Rowe (The Licensing Authority).

 

Tank and Paddle, 15-17 Heddon Street, London, W1B 4BF (“The Premises”)

17/10790/LIPN

 

1.

Recorded Music - Indoors

 

Monday to Saturday: 09:00 to 02:00

Sunday: 09:00 to 23:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by Tank and Paddle Limited for a new premises licence in respect of 15-17 Heddon Street, London, W1B 4BF.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Mr Kolvin, representing the applicant, explained to the Sub-Committee that if it was minded to grant the application a list of conditions to be added to the licence had been agreed between the applicant and Environmental Health (EH). Following further discussions, the Police had also agreed the proposed conditions and it had been agreed to restrict patrons temporarily leaving and re-entering the Premises with drinks until 00:00 hours. It was also now proposed to present waste for collection thirty minutes before the scheduled collection time and not ninety.

 

Mr Kolvin highlighted how the Premises was being transformed from a nightclub with a dance floor into a new food and beverage operation with a significant seating element. The Sub-Committee was advised that the Applicant had successfully operated two similar premises in the City of London over the past twelve months offering craft beers and a pizza menu. They had proven very popular and it was now intended to open an identical operation within the West End. It was recognised that the Premises was situated within a Cumulative Impact Area (CIA) however it was submitted that the application before the Sub-Committee could be considered as having less of an impact on the local area than the nightclub that operated before it. The application would reduce the Premises licensable hours, reduce its opening hours, install a smaller bar area, remove the dance floor, remove the DJ booth and include a minimum number of covers. The City Council’s Statement of Licensing Policy (“SLP”) stated at paragraph 2.4.7 what Premises could be considered an exception to Policy and it was considered that the application before the Sub-Committee met all these requirements. The fact the Premises capacity would be reduced, the hours reduced, an increased level of seating installed and an increased food offer being made available all meant the application could be considered an exception to Policy.

 

In response to questions from the Sub-Committee Mr Kolvin explained that in order to replicate  ...  view the full minutes text for item 2.

3.

Maitre Choux, 60 Dean Street, W1 pdf icon PDF 1 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact area

Maitre Choux, 60 Dean Street, W1

New Premises Licence

17/11127/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 30th November 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     The Metropolitan Police and the Licensing Authority.

 

Present: Thomas O’Maoileoin (Solicitor, representing the applicant),Mr Jeremy Vaislic (Applicant), PC Toby Janes (The Metropolitan Police) and Mr Steven Rowe (The Licensing Authority).

 

Maitre Choux, 60 Dean Street, London, W1D 6AW (“The Premises”)

17/11127/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

 

Non-Standard Timings:

 

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

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by MNJV3 Corporation Limited for a new premises licence in respect of 60 Dean Street, London, W1D 6AW.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Mr O’Maoileoin, representing the Applicant, stressed to the Sub-Committee the very narrow nature of the application before it. The Applicant had attempted to address any policy concerns raised and furthermore futureproof the licence to ensure it could not become a drink-led establishment if the applicant ever left the Premises. It was submitted that the Premises in question was very small with a maximum capacity of fourteen seated customers. Constructive discussions had taken place between the applicant, the Police and Environmental Health (EH) to address any concerns. Agreement on most aspects of the application had been reached aside from the proposed hours for the sale of alcohol. The Responsible Authorities had requested a terminal hour of 20:00 hours however the Applicant was requesting 23:00 in order to attract shoppers or theatre goers for example.Mr O’Maoileoin explained that the type of alcohol sold at the Premises was limited to sparkling wine alongside a food offer consisting of eclairs, choux and chouquettes. The Sub-Committee was advised that customers did not spend a long time at the Premises and the application was just seeking to allow a customer to consume a glass of sparkling wine with their éclair. It was stated that this was not a drink-led premises and many customers would purchase food without a glass of wine.

 

Mr O’Maoileoin brought the Sub-Committee’s attention to the narrow conditions proposed by the Applicant. Firstly, there would be a condition on the licence restricting the sale of alcohol to that of sparkling wine which could only be sold ancillary to choux. Secondly, there would be a condition ensuring the Premises could only operate as Maitre Choux. Thirdly, after 20:00 hours sparkling wine could only be sold on the Premises by the glass. These conditions made the application so narrow and restrictive in how it could operate it would not set a precedent and could therefore be considered an exception to the City Council’s Statement of Licensing Policy.  ...  view the full minutes text for item 3.