Venue: This will be a virtual meeting
Contact: Cameron MacLean, Senior Committee and Governance Officer Email: firstname.lastname@example.org Tel: 07814 998 037
To report any changes to the membership.
There were no changes to the Membership of the Sub-Committee.
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.
There were no Declarations of Interest.
Order of Proceedings
To extend the permitted hours for all licensable activities within the basement area of the premises to 02:30 hours Fridays and Saturdays for a period of two years.
The Committee noted that representations were received from the Metropolitan Police Service, Environmental Health Service, the Licensing Authority, the Soho Society and six local residents, all cited public nuisance as an issue in relation to the later hours. All representations were considered by the Committee.
It was noted that the Responsible Authorities maintained their representations because the Premises are within the Cumulative Impact Area.
The Committee has a duty to consider the application on its individual merits and took into account all of the committee papers, supplementary submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter.
The Committee noted that the Applicant had amended its original application, the reduction of the capacity and that the application was time limited.
The Premises are situated within the West End Cumulative Impact area and so the policy presumption is to refuse the application unless exceptional circumstances can be proven under the City Council’s Statement of Licensing Policy (“SLP”).
Sophie’s Soho Limited
The Committee decided that the Applicant had not provided sufficient reasons as to why the granting of the application would promote the licensing objectives and therefore refused the application for the extension of hours for licensable activities.
The Committee noted that the Premises have had the benefit of a Premises Licence since 2017. The Committee has to consider the evidence before it and whether the four licensing objectives will be promoted. The Committee heard evidence from all the respective parties and in light of considering the evidence refused the application for the reasons outlined below:
The Committee was advised that the premises are not a high-volume vertical drinking venue because drinking is ancillary to food, there is a substantial food menu, and twenty-five per cent of the customers would dine in the restaurant on the ground floor of the premises, then go to the basement for a nightcap after their meal.
The Committee was informed that the capacity of the basement would not exceed 250 customers (reduced from a potential 650).
The Applicant stated that there have been no complaints or incidents at the premises and that they need the variation to the licence in order for the business to survive.
The Committee welcomed the additional conditions that had been agreed with the Police with regard to the dispersal policy, no admittance or re-admittance to the premises after 01:00 hours.
The Committee did express concern that the Applicant did not agree to two of the conditions, namely, search by a SIA member and a minimum of two licensed SIA door staff on duty equipped with Body Worn Video. The Applicant stated that these requirements would be additional costs to them.
It was the Committee’s considered view, however, that the increase in the hours would lead to ... view the full minutes text for item 2.
The Committee has determined an application for a New Premises licence under the Licensing Act 2003 (“The Act”). The Premises intend to operate as a fine dining Indian Restaurant. The Premises are not located in the Cumulative Impact Area.
The Applicant confirmed during the hearing that the request in respect of recorded music had been withdrawn as the Premises will only be providing background music from 19:00 hours.
Hrm Gathani Limited
The Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives:
1. To grant permission for the on sale of Alcohol Monday to Sunday from 09:00 to 23:00 hours.
2. To grant permission for the Hours the Premises are Open to the Public Monday to Friday 07:00 to 23:30 hours and Saturday to Sunday 08:00 to 23:30 hours.
3. That the Licence is subject to any relevant mandatory conditions.
4. That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
CONDITIONS IMPOSED BY THE COMMITTEE AFTER A HEARING
1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
2. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police Officer or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
3. The supply of alcohol for consumption on the premises shall only be to a person seated taking a table meal there and for the consumption by such a person as ancillary to their meal.
4. The supply of alcohol for consumption on the premises shall be by Server, Waiter or Waitress service only.
5. Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke, shall not be permitted to take drinks or glass containers with them.
6. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are ... view the full minutes text for item 3.