Agenda and draft minutes

Licensing Sub-Committee (2) - Thursday 29th August, 2019 10.00 am

Venue: Rooms 18.01 & 18.03, 18th Floor, 64 Victoria Street, London, SW1E 6QP. View directions

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.

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.

1 Keyham House, Westbourne Park Road, London, W2 5UH pdf icon PDF 427 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

Westbourne

Ward/ Not in

Cumulative Impact Area

1 Keyham House

Westbourne Park Road

London

W2 5UH

New

Premises

License

19/07407/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 29th August 2019

 

Membership:           Councillor Tim Mitchell (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:         Barry Panto

Policy Adviser:         Kerry Simpkin

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Kevin Jackaman

 

Relevant Representations:    Environmental Health, the Westbourne Safer Neighbourhood Panel, one local resident and the South East Bayswater Resident’s Association

 

Present: Mr Ureshi Hirani (Applicant), Mrs Sally Fabbricatore (Environmental Health), Mr John Zamit (South East Bayswater Residents Association) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing the South East Bayswater Residents Association)

 

1 Keyham House, Westbourne Park Road, London, W2 5UH

(The Premises”)

19/07407/LIPN

 

1.

Sale by Retail of Alcohol – Off Sales

 

Monday to Saturday: 08:00 to 23:00

Sunday: 10:00 to 22:30

 

 

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 Nilkanth Express Superstore Ltd (“The Applicant”) for a new premises licence in respect of 1 Keyham House, Westbourne Park Road, London, W2 5UH.

 

The Licensing Officer introduced the application and confirmed that the Police had withdrawn their representation following the agreement of conditions with the applicant.

 

Mr Hirani, the applicant, explained that the Premises operated as a convenience store providing a wide range of products to the local community. He had operated the Premises for 6 years and had previously had a licence to sell alcohol. This had been surrendered in order to allow his son, who was under the age of 18 at the time, to take over the management of the Premises. His son was now aged 18 and therefore an application had been made to once more allow the provision of off sales of alcohol from the Premises. All staff who worked at the store were provided with the required training and a personal licence holder would be on site at all times when alcohol was available for sale.

 

Mrs Fabbricatore, representing Environmental Health, confirmed that she attended a site visit to the Premises. The aspects to the late-night refreshment provision included a self-service microwave where customers could heat up food, a hot cabinet which displayed heated food products for sale and a self-service coffee machine. No hot food would be consumed on the Premises with the late-night refreshment element forming only a small part of the operation. In terms of the proposed alcohol provision the applicant had been agreeable to accepting the conditions proposed by EH and the Police. The hours originally proposed for the sale of alcohol had also been scaled back to a terminal hour of 23:00 hours Monday to Saturday and 22:30 on Sundays. Mrs Fabbricatore also advised of some potential changes to the conditions to avoid any duplication. Overall, EH was satisfied that appropriate training would be provided to the staff, the layout of the Premises was considered acceptable and sufficient controls would be in place to appropriately control sales of alcohol and late-night refreshment.

 

Mr Zamit, representing the South East Bayswater Residents Association, advised that  ...  view the full minutes text for item 1.

2.

Sucre, 47 Great Marlborough Street, London, W1F 7JP pdf icon PDF 4 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

West End Ward/ West End Cumulative Impact Area

Sucre

47 Great Marlborough Street

London

W1F 7JP

New

Premises

License

 

19/07930/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 29th August 2019

 

Membership:           Councillor Tim Mitchell (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:         Barry Panto

Policy Adviser:         Kerry Simpkins

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Kevin Jackaman

 

Relevant Representations:    Environmental Health, Licensing Authority and the Soho Society

 

Present: Mr Alun Thomas (Solicitor, representing the Applicant), Mr Greg Godik and Mr Zeev Godik (on behalf of the Applicant company), Mr Anil Drayan (Environmental Health), Ms Karyn Abbot (Licensing Authority) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing the Soho Society)

 

Sucre, 47 Great Marlborough Street, London, W1F 7JP

(“The Premises”)

19/07930/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 10:00 to 00:30

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.

 

On Sundays immediately prior to bank holidays to 00:30.

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was advised by the applicant that the provision of off sales had been withdrawn from the application.

 

 

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

 

The Sub-Committee considered an application by Ba Restaurants Ltd (“The Applicant”) for a new premises licence in respect of Sucre, 47 Great Marlborough Street, London, W1F 7JP.

 

The Licensing officer introduced the application and confirmed that the Police had withdrawn their representation following the agreement of conditions with the applicant.

 

Mr Thomas, representing the applicant, advised the Sub-Committee that restaurants, even those with a post-dining bar area, were recognised in the Council’s Statement of Licensing Policy as operating differently to either pubs or bars. With this application before it there were two main issues which needed to be considered. The first was the operation of the post-dining bar located in the basement and the second was that the hours requested permitting the sale of alcohol were outside the Council’s core hours policy. The post-dining bar area could only be used by customers before, during or after having a meal. The hours sought also only represented a slight extension to core hours of one hour on Monday to Thursday and 30 minutes on Fridays and Saturdays. Mr Thomas advised that policies RNT2 and HRS1 needed to be considered and neither required the applicant to demonstrate the application was an exception to policy. The applicant therefore had to establish the case on its merits and show how it would not add to cumulative impact. The reasons why the application would not add to cumulative impact were because of its location, the fact it would operate as a restaurant and because it was located in a low-density residential area. The applicant was also very experienced in operating licensed premises not only within Westminster but throughout the UK.

 

Mr Zeev Godik, on behalf of the applicant company, provided the Sub-Committee with an overview of his experience as a restauranteur. He explained that the Premises would operate as a sister restaurant  ...  view the full minutes text for item 2.