Agenda and draft minutes

Licensing Sub-Committee (2) - Thursday 18th March, 2021 10.00 am

Venue: This will be a virtual meeting

Contact: Cameron MacLean, Temporary Senior Committee and Governance Officer  Email:  cmaclean@westminster.gov.uk Tel: 07814 998 037

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership of the Sub-Committee.

 

2.

Declarations of Interest

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

There were no Declarations of Interest.

 

1.

10.00 AM: Bellaria Restaurant, 71 Great Titchfield St, London W1W 6RB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

N/A

N/A

Bellaria Restaurant
Basement and Ground Floor
71 Great Titchfield Street
London
W1W 6RB

Premises Licence Variation

20/11567/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

Present:                   Mr NimetOner (applicant); Ms Ilkay Cinco Oner (representing the applicant); Mr Richard Brown, Citizens Advice Westminster, Licensing Project (representing residents); Mr Gareth Hughes, Counsel (representing the Langham Court Hotel); Mr Yoram Blumann, representing the Fitzrovia Neighbourhood Association; Mr Christopher Sharp, Mr Austen Callison, and Ms Barbara Corr (objectors).

Representations:    Representations had been received from the Environmental Health Service (EHS); The Licensing Authority, and Residents.

Applicant:                Mr Nimet Oner

Ward:                       West End

CIA[1]:                         Not applicable

Summary of Application

The application was for a new premises licence.

 

INTRODUCTION

The Chairman welcomed everyone to the meeting and introduced the Members of the Sub-Committee and the Council Officers who would be supporting the Sub-Committee. The Chairman explained the procedure that would be followed at the meeting before inviting the Presenting Officer, Ms Jessica Donovan, to present the report.

PRESENTATIONS AND SUBMISSIONS

Ms Jessica Donovan, Senior Licensing Officer

Ms Donovan summarised the application as set out in the report before the Sub-Committee, noting that, during the consultation process, the applicant had withdrawn the application for the “Performance of Dance”.

Ms Donovan stated that representations had been received from the Environmental Health Service (EHS), residents, and the Langham Court Hotel, represented by Mr Gareth Hughes, Counsel, Keystone Law. The Metropolitan Police Service (MPS) had also made representations but these had subsequently been withdrawn following agreement with the applicant on proposed conditions to be attached to the Premises Licence.

An additional submission had been received from Mr Richard Brown and this had been included in the Additional Information Pack circulated to Members.

Ms Ilkay Cinco Oner, Premises Leaseholder (On Behalf of the Applicant)

Ms Oner, stated that she was the leaseholder of the premises which were managed by Mr Oner. Having reviewed the objections to the application, it had been decided to withdraw the application for “Performance of Dance” and to prepare a response to the queries raised by neighbours, which had been circulated with the papers before the subcommittee.[2]

Ms Oner stated that the applicant did not wish to cause any nuisance or disruption to the neighbours. She stated that it was a very small restaurant accommodating 28 people upstairs and 30 people downstairs. The application was for an extension of the premises’ hours on Thursday to Saturday with the Performance of Music restricted to downstairs.

Ms Oner stated that, regarding the dispersal of patrons and management of the smoking area, the applicant was willing to consider any proposals that might be put forward by residents. In addition, a member of staff would be employed to manage the door and ensure there was no disturbance as patrons left the premises.

The reason for applying to extend the hours during which the premises could operate was because the limited space within the premises meant that, if customers arrived at 8 PM, there was not enough time to do a second cover during the evening. Therefore, by extending the hours, it would be possible to cater for two covers  ...  view the full minutes text for item 1.

Media

2.

3.00 PM – The Windmill Theatre, 17-19 Great Windmill St, W1D 7JZ

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

West End

N/A

The Windmill Theatre
17 - 19 Great Windmill Street
London
W1D 7JZ

New Premises Licence, Licensing Act 2003

20/10170/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

Present:                   On Behalf of the Applicant

                                  Mr Philip Kolvin, QC; Mr Marcus Lavell, Counsel; Mr Jodie Harsh, Director & Creative Lead; Mr John Common, Food & Beverage Director; Dr Phil Hadfield, Late-Night Economy/Policy Expert; Mr Adrian Studd, Crime & Disorder Expert; and Mr Richard Vivian, Acoustics Expert.

                                  Responsible Authorities

                                  Mr Ian Watson, Environmental Health Service (EHS); Mr Kevin Jackaman, Licensing Authority; and PC Bryan Lewis, Metropolitan Police Service (MPS).

Representations:    Representations had been received from the Metropolitan Police Service (MPS); the Environmental Health Service (EHS); the Licensing Authority; Nimax Theatres (subsequently withdrawn); and residents.

Applicant:                Immerse London Ltd

Ward:                       West End

CIA[1]:                         West End

SCZ[2]                         N/A

Summary of Application

The application was for a new premises licence.

Attached at Appendix 2 of the Report of the Director of Public Protection & Licensing that was before the Sub-Committee was an “Application Summary and Proposed Draft Conditions” in which it was noted that –

“The Windmill Theatre was originally built as a silent cinema named the Palais de Luxe in 1909, but in 1930 was remodelled as a 320-seat theatre by Laura Henderson, who ran it principally as a nude review bar until the end of the Second World War. Thereafter, and until 1960, it was operated as a performance venue, hosting comedians such as Jimmy Edwards, Spike Milligan, Harry Secombe, Peter Sellers, Michael Bentine and Tony Hancock. From 1960 until 1994 it was used successively as a cinema/casino, erotic theatre, and cabaret. From 1964 the theatre was taken over by the Owide family who operated it as a table, later lap, dancing venue until 2018 when its sexual entertainment venue licence was revoked because of licence breaches. By this time, the theatre was in a seedy and dilapidated state.

The current applicants have purchased the theatre, and have invested £7 million in restoring it as a first-class performance venue/cabaret appealing to a wide audience befitting London’s international standing as a centre of entertainment.

There is, however, a serious barrier to the proposed operation, namely, that the existing licence (20/03225/IPVEM), while permitting opening until 5:30 am on Monday to Saturday and 3.00 am on Sunday nights, is restricted to a capacity of just 150 persons which is half the number for which the theatre was designed. This may have been sufficient for a lap dancing venue which depends for its trade on a small number of high paying customers with a much higher ratio of staff and performers. It is completely insufficient for this centrally located London performance venue. Even if it were possible to run the theatre economically with that capacity, it would not be possible to create the atmosphere in which a successful venue depends.

The applicants have therefore set out to devise a regime whereby a larger capacity can be accommodated in a way which is consistent with Westminster’s Statement of Licensing Policy and/or can justifiably be treated as an exception to the Policy.

The scheme of this application has 3 principal elements:

1.    Hours: There is no increase in  ...  view the full minutes text for item 2.

Media