Agenda and draft minutes

Licensing Sub-Committee (2) - Thursday 28th March, 2019 10.00 am

Venue: Room 18.01-03, 18th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6QP

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

2.

Declarations of Interest pdf icon PDF 109 KB

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

1.

Vanity Bar and Night Club, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward

Vanity Bar and Night Club, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ

Sex Establishment Venue

18/15940/LISEVR

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 28thMarch 2019

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Jacqui Wilkinson and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Objections: Two anonymous objections and two named objectors.

 

Present:  Mr Julian Skeens (Applicant’s Solicitor), Mr Luke Elford (Applicant’s Representative) Mr Manpal Singh Clair (Applicant, Director of Nags Head Limited), Mr Andrew Bamber (Licensing Consultant), Mr Richard Vivian (Acoustics Consultant), Councillor Tim Barnes (Local Ward Member in support of Objector 1) Mr Richard Brown (CAB Project Officer, Representing Local Objectors) and One Local resident (Objector 1).

 

 

Vanity Bar and Night Club, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ (“The Premises”) 18/15940/LISEVR

 

1.

Renewal of the Sexual Entertainment Venue Licence

 

 

Monday to Saturday: 09:00 to 03:00

Sunday: 09:00 to 23:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Ms Michelle Stewart (Presenting Officer) confirmed the application, advising the Sub-Committee that this was a renewal of a Sex Establishment Venue license application made by Nags Head Limited.  She advised that four objections had been received to the renewal of the application along with one e-mail supporting one of the objectors from a Ward Councillor.  Ms Stewart advised the Sub-Committee that the premises were in West End Ward.

 

Mr Julian Skeens (Applicant’s Solicitor) addressed the Sub-Committee and advised that he would not go through all the papers however, he wanted to ensure that everyone had a copy of the letter from TLT Solicitors dated the 15th March 2019 (which appeared at page 3 of the supplementary bundle).  He advised the Sub-Committee that the premises were located on Carlisle Street and had been in this location since 2012.

 

With regard to the objections, Mr Skeens advised that they mainly related to noise in relation to the pedicabs and requested that the Sub-Committee review the photographs that were submitted by the objectors and which showed part of the problem with regards to the pedicabs.  Other photographs showed the door supervisor from the Bar, groups of pedicabs and people on the corner of Dean Street and Carlisle Street.  Mr Skeens then showed the Sub-Committee a map of the immediate area. 

 

Mr Skeens explained that pedicabs often had loud music blaring out and assumed that this was the music that was being heard by the residents that have complained.  He was sure that no music was escaping from the premises itself and advised that in relation to the premises there are conditions which limit noise nuisance. Mr Vivian would be able to help with further detail regarding noise levels within the Bar, as he installed and set the sound limiters in the Bar which cannot exceed a set decibel level.  Mr Skeens informed the Sub-Committee that the noise limiters were set and could not be changed or tampered with and the decibel levels were agreed with Environmental Health Services. 

 

Mr Skeens advised that his client had been trying to manage the outside  ...  view the full minutes text for item 1.

2.

Basement And Ground Floor, 47 Margaret Street, London, W1W 8SB pdf icon PDF 963 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward/ Not in Cumulative Impact Area

Basement And Ground Floor, 47 Margaret Street, London, W1W 8SB

New Premises Licence

18/15982/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 28thMarch 2019

 

Membership:              Councillor Mitchell (Chairman), Councillor Jacqui Wilkinson and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Relevant Representations: Environmental Health, a local charity and the Fitzrovia Neighbourhood Association (FNA).

 

Present:  Mr Jae Deog Kim (Applicant’s Representative) Mr Byungsung Kim (Applicant) and Mr Anil Drayan (Environmental Health)

 

 

Basement and Ground Floor, 47 Margaret Street, London, W1W 8SB (“The Premises”) 18/15982/LIPN

 

1.

Sale by retail of Alcohol: On sales

 

 

Monday to Thursday: 11:00 to 23:30

Friday to Saturday: 11:00 to 00:00

 

Seasonal Variations/Non-standard timings: None

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Ms Michelle Steward (Presenting Officer) confirmed the application, advising the Sub-Committee that this was a new premises licence application.  She advised that the Environmental Health (EH) Services and Metropolitan Police made representations, however the Police had since withdrawn their representation as their proposed conditions had been agreed by the applicant so as to form part of the Operating Schedule. Environmental Health (EH) Services had maintained their representation. Objections to the application had also been received from one local charity representative and from the Fitzrovia Neighbourhood Association, neither of who had attended the hearing.  Ms Steward advised the Sub-Committee that the premises were in West End Ward and not in the Cumulative Impact Area (CIA).

 

Mr Jae Deog Kim (The Applicant’s son and representative) informed the Sub-Committee that this was an application for a new premises licence for a premise intending to operate as a Korean restaurant (including takeaway).  Mr Jae Deog   Kim advised that the premises intended to trade in the basement and ground floor with an ancillary bar in the basement.  Mr Jae Deog Kim informed the Sub-Committee that his father was also seeking to provide late night refreshment with the supply and consumption of alcohol being restricted to the basement area of the premises.

 

Mr Drayan from the Environmental Health services addressed the Sub-Committee advising that he had visited the premises and viewed the layout.  He informed the Sub-Committee that the basement has a capacity for 30 people seated with storage and back of house facilities. The area shown as a kitchen on the plans was not a kitchen but was also used for storage. Mr Drayan further advised that the ground floor was laid our as shown in the submitted plans. He informed the Sub-Committee that the premises also intended to provide a takeaway service and had A3 planning permission.

 

The Sub-Committee made further inquiries regarding the location of alcohol sales and the nature and operation of the takeaway and delivery element of the business.  Mr Drayan explained that the premises would only supply alcohol in the basement ancillary to food as required by conditions that had been agreed with the police (who had consequently withdrawn their objection).  Mr Drayan advised that there would be late night refreshment from 23:00, including a takeaway service. 

 

The Sub-Committee queried the mode of transport  ...  view the full minutes text for item 2.

3.

48 Albemarle Street, London, W1S 4JP pdf icon PDF 8 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward/ Not in Cumulative Impact Area

48 Albemarle Street, London, W1S 4JP

New Premises Licence

19/00705/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 28thMarch 2019

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Jacqui Wilkinson and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Relevant Representations: Gazelle Bar Ltd, current licence holder.

 

Present:  Mr James Rankin (Counsel appearing on behalf of Applicant company), Mr Alun Thomas (Applicant company’s Solicitor), Mr Julian Skeens (Solicitor, Representing Gazelle Bar Ltd, Objector/Current Licence Holder) and Mr Luke Elford (Representing Gazelle Bar Ltd, Objector/Current Licence Holder).

 

 

48 Albemarle Street, London, W1S 4JP (“The Premises”) 19/00705/LIPN

 

1.

Sale by retail of Alcohol: On the premises

 

 

Monday to Wednesday: 10:00 to 23:30

Thursday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

 

Seasonal Variations/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. 

 

An additional hour from the end of permitted hours on the morning following Valentine’s Day, Christmas Eve and Boxing day.

 

Sunday before Bank Holidays 12:00 to 00:00

 

 

Amendments to application advised at hearing:

 

None.

2.

Sale by retail of Alcohol: Off the premises

 

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

 

Seasonal Variations/Non-standard timings: None

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Ms Michelle Stewart (Presenting Officer) confirmed the application, advising the Sub-Committee that this was a new premises license application for a ‘shadow licence’.  She advised that the Environmental Health Service (EH) and the current licence holder had made representations, however EH had since withdrawn their representation, whilst the current licence holder had maintained their representations, objecting to the application.  Ms Stewart advised the Sub-Committee that the premises was in West End Ward and not in the Cumulative Impact Area (CIA).

 

Mr Barry Panto (WCC legal Adviser) addressed the Sub-Committee and all parties advising that a number of issues had been raised as to whether the application made was valid and suggested that the Sub-Committee deal with these issues first.

 

Before dealing with those issues, Mr James Rankin (Applicant’s Solicitor), informed the Sub-Committee he questioned why Mr Julian Skeens (Solicitor, Representing the currently licence holder) and Mr Luke Elford (Representing the current licence holder) were in attendance and their motives for attending.  Mr Rankin advised that Trophaeum, who is the parent company of Tizzola Ltd (Applicant Company) let the premises to Gazelle Bar Ltd (Objector) and for some time had concerns regarding the solvency and otherwise of Gazelle Bar Ltd.  He advised that Gazelle Bar Ltd stopped trading in January 2019 and that his client had received an e-mail dated 25th March from Anthony Batty and Co, who advised that the Directors of Gazelle Bar Ltd had filed a notice of intention to appoint joint administrators of the company.  Mr Rankin advised the Sub Committee that Gazelle Bar Ltd was currently going bust. Mr Rankin wanted it made clear who Mr Skeens was representing and who had instructed him.

 

Mr Skeens addressed the Sub-Committee and confirmed that the  ...  view the full minutes text for item 3.