Agenda and draft minutes

Licensing Sub-Committee (2) - Thursday 1st August, 2019 10.00 am

Venue: Rooms 18.01 & 18.03, 18th Floor, 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.

Minutes:

1.1      It was noted that Councillor Gassanly had replaced Councillor Smith.

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.

Eureka, Basement to Ground Floor, 46 Warwick Way, London, SW1V 1RY pdf icon PDF 361 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

Warwick Road Ward/ Not in Cumulative Impact Area

Eureka

Basement to Ground Floor

46 Warwick Way

London

SW1V 1RY

New Premises

License

19/04732/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st August 2019

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Peter Freeman and Councillor Rita Begum

 

                                Councillor Murad Gassanly was substituting as Chairman for this meeting in place of Councillor Tim Mitchell

 

Legal Adviser:         Barry Panto

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Environmental Health and Councillors Nickie Aiken and Jacqui Wilkinson (Warwick Ward Councillors)

 

Present: Mr Noel Samaroo (Agent, representing the Applicant), Mr Anil Drayan (Environmental Health) and Councillor Jacqui Wilkinson (Warwick Ward Councillor)

 

Eureka, Basement to Ground Floor, 46 Warwick Way, London, SW1V 1RY

(The Premises”)

19/04732/LIPN

 

1.

Sale by Retail of Alcohol – Off Sales

 

Monday to Sunday: 10:00 to 22:00

 

 

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 Dhavalkumar Trivedi (“The Applicant”) for a new premises licence in respect of Eureka, Basement to Ground Floor, 46 Warwick Way, London, SW1V 1RY. The application was for off-sales of alcohol from a convenience store / newsagent from 10 am to 10 pm every day of the week.

 

The Licensing Officer introduced the application to the Sub-Committee and confirmed that the Police had withdrawn their representation following the agreement of conditions with the applicant.

 

Mr Samaroo, representing the applicant, explained that when submitting the application, a mistake had been made regard to the opening hours of the Premises. The application stated the opening hours for Monday to Sunday as 10:00 whilst it should have specified its current opening hours of 07:00.

 

The Sub-Committee was advised by Mr Samaroo that the applicant had been operating the Premises for 13 years. The application before it was to permit the sale of alcohol between the hours of 10:00 and 22:00 Monday to Sunday. Mr Samaroo advised that the Police had commentated on the comprehensive nature of the application which had been made to ensure it would not detrimentally impact on local residents. No residential representations had been received and the Police had withdrawn their representation following the agreement of conditions which included prohibiting any sales of high strength beers or miniature bottles of spirits. It was recognised that street drinking was an issue in the area and this had been taken into consideration when making the application. Discussions with Environmental Health (EH) had taken place following which a condition would be added to the licence requiring all alcohol within the trading area to be secured behind locked grilles outside the hours permitting the sale of alcohol.

 

The Council’s Legal Adviser clarified to all parties that as the applicant had applied for 10:00 as the opening hours, if the Sub-Committee was minded to grant the application then it could not grant any hours in excess of this. The applicant would not be committing an offence by opening at its current hours of 07:00, as long as they were not selling alcohol. However, if any problems were reported to be emanating from the Premises then the licence could potentially be  ...  view the full minutes text for item 1.

2.

Ground Floor and Basement, 19 Slingsby Place, London, WC2E 9AB pdf icon PDF 3 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

St James’s Ward/ West End Cumulative Impact Area

Ground Floor and Basement

19 Slingsby Place

London

WC2E 9AB

New Premises

License

19/06363/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st August 2019

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Peter Freeman and Councillor Rita Begum

 

                                Councillor Murad Gassanly was substituting as Chairman for this meeting in place of Councillor Tim Mitchell

 

 

Legal Adviser:         Barry Panto

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Licensing Authority, Environmental Health and the Covent Garden Community Association

 

Present: Mr Alun Thomas (Solicitor, representing the Applicant), Mrs Jane Moscrop (CBRE on behalf of Applicant Company), Mr Anil Drayan (Environmental Health) and Ms Angela Seaward (Licensing Authority)

 

19 Slingsby Place, Ground Floor and Basement, London, WC2E 9AB

(“The Premises”)

19/06363/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Thursday: 10:00 to 23:30

Friday 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.

 

On Sundays prior to bank holidays 12:00 – 00:00.

 

 

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 Longmartin Properties Ltd (“The Applicant”) for a new premises licence in respect of 19 Slingsby Place, Ground Floor and Basement, London, WC2E 9AB.

 

The Licensing officer introduced the application.

 

Mr Thomas, representing the applicant, provided the Sub-Committee with an overview of where the Premises was located. The development it was situated on had been open for 10 years and within it was contained several existing restaurants and licensed premises. The Sub-Committee had before it applications for 3 premises which had been created by combining 2 retail units with an existing A3 unit and then re-dividing them. The result would be 3 restaurants, 2 of which were at the ground and first floor levels (21 and 23 Slingsby Place) and one (19 Slingsby Place) at ground and basement levels. Planning permission had been granted to permit the changes 6 months previously and the applications before the Sub-Committee were aligned with that permission.

 

Mr Thomas recognised that the main concern raised over the applications related to the proposed ancillary bar use at the restaurants. To mitigate these concerns the applicant proposed to surrender the licence of the Sussex Public House. This pub was licensed to core hours, had limited conditions on the licence and permitted vertical drinking over 2 floors. If the Sub-Committee was minded to grant the application a condition would be imposed requiring this licence to be surrendered. The Council’s Legal Adviser advised the Sub-Committee that the Sussex was no longer in operation and requested information from the applicant on what value surrendering the licence would have on the Cumulative Impact Area (CIA). In response Mr Thomas highlighted the ‘Cheers Bar & Grill’ case which dealt with issues surrounding moving a licence from one location to another. The Sub-Committee was advised that the same issues did not apply for this application as the Sussex building still existed, unlike the building in the ‘Cheers Bar  ...  view the full minutes text for item 2.

3.

Ground and First Floor, 21 Slingsby Place, London, WC2E 9AB pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

St James’s Ward/ West End Cumulative Impact Area

Ground and First Floor

21 Slingsby Place

London

WC2E 9AB

New Premises

License

19/06362/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st August 2019

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Peter Freeman and Councillor Rita Begum

 

                                Councillor Murad Gassanly was substituting as Chairman for this meeting in place of Councillor Tim Mitchell

 

Legal Adviser:         Barry Panto

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Licensing Authority, Environmental Health and the Covent Garden Community Association

 

Present: Mr Alun Thomas (Solicitor, representing the Applicant), Mrs Jane Moscrop (CBRE on behalf of Applicant Company), Mr Anil Drayan (Environmental Health) and Ms Angela Seaward (Licensing Authority)

 

21 Slingsby Place, Ground and First Floor, London, WC2E 9AB

(“The Premises”)

19/06362/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Thursday: 10:00 to 23:30

Friday 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.

 

On Sundays prior to bank holidays 12:00 – 00:00.

 

 

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 Longmartin Properties Ltd (“The Applicant”) for a new premises licence in respect of 21 Slingsby Place, Ground Floor and Basement, London, WC2E 9AB.

 

The Licensing officer introduced the application.

 

Mr Thomas, representing the applicant, provided the Sub-Committee with an overview of where the Premises was located. The development it was situated on had been open for 10 years and within it was contained several existing restaurants and licensed premises. The Sub-Committee had before it applications for 3 premises which had been created by combining 2 retail units with an existing A3 unit and then re-dividing them. The result would be 3 restaurants, 2 of which were at the ground and first floor levels (21 and 23 Slingsby Place) and one (19 Slingsby Place) at ground and basement levels. Planning permission had been granted to permit the changes 6 months previously and the applications before the Sub-Committee were aligned with that permission. Mr Thomas recognised that the main concern raised over the applications related to the proposed ancillary bar use at the restaurants. To mitigate these concerns the applicant proposed to surrender the licence of the Sussex Public House. This pub was licensed to core hours, had limited conditions on the licence and permitted vertical drinking over 2 floors. If the Sub-Committee was minded to grant the application a condition would be imposed requiring this licence to be surrendered. The Council’s Legal Adviser advised the Sub-Committee that the Sussex was no longer in operation and requested information from the applicant on what value surrendering the licence would have on the Cumulative Impact Area (CIA). In response Mr Thomas highlighted the ‘Cheers Bar & Grill’ case which dealt with issues surrounding moving a licence from one location to another. The Sub-Committee was advised that the same issues did not apply for this application as the Sussex building still existed, unlike the building in the ‘Cheers Bar & Grill’  ...  view the full minutes text for item 3.

4.

Ground and First Floor 23 Slingsby Place, London, WC2E 9AB pdf icon PDF 4 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

4.

St James’s Ward/ West End Cumulative Impact Area

Ground and First Floor 23 Slingsby Place

London

WC2E 9AB

New Premises

License

19/06367/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st August 2019

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Peter Freeman and Councillor Rita Begum

 

                                Councillor Murad Gassanly was substituting as Chairman for this meeting in place of Councillor Tim Mitchell

 

Legal Adviser:         Barry Panto

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Licensing Authority, Environmental Health and the Covent Garden Community Association

 

Present: Mr Alun Thomas (Solicitor, representing the Applicant), Mrs Jane Moscrop (CBRE on behalf of Applicant Company), Mr Anil Drayan (Environmental Health) and Ms Angela Seaward (Licensing Authority)

 

23 Slingsby Place, Ground and First Floor, London, WC2E 9AB

(“The Premises”)

19/06367/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Thursday: 10:00 to 23:30

Friday 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.

 

On Sundays prior to bank holidays 12:00 – 00:00.

 

 

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 Longmartin Properties Ltd (“The Applicant”) for a new premises licence in respect of 23 Slingsby Place, Ground and First Floor, London, WC2E 9AB.

 

The Licensing officer introduced the application.

 

Mr Thomas, representing the applicant, provided the Sub-Committee with an overview of where the Premises was located. The development it was situated on had been open for 10 years and within it was contained several existing restaurants and licensed premises. The Sub-Committee had before it applications for 3 premises which had been created by combining 2 retail units with an existing A3 unit and then re-dividing them. The result would be 3 restaurants, 2 of which were at the ground and first floor levels (21 and 23 Slingsby Place) and one (19 Slingsby Place) at ground and basement levels. Planning permission had been granted to permit the changes 6 months previously and the applications before the Sub-Committee were aligned with that permission. Mr Thomas recognised that the main concern raised over the applications related to the proposed ancillary bar use at the restaurants. To mitigate these concerns the applicant proposed to surrender the licence of the Sussex Public House. This pub was licensed to core hours, had limited conditions on the licence and permitted vertical drinking over 2 floors. If the Sub-Committee was minded to grant the application a condition would be imposed requiring this licence to be surrendered. The Council’s Legal Adviser advised the Sub-Committee that the Sussex was no longer in operation and requested information from the applicant on what value surrendering the licence would have on the Cumulative Impact Area (CIA). In response Mr Thomas highlighted the ‘Cheers Bar & Grill’ case which dealt with issues surrounding moving a licence from one location to another. The Sub-Committee was advised that the same issues did not apply for this application as the Sussex building still existed, unlike the building in the ‘Cheers Bar & Grill’  ...  view the full minutes text for item 4.