Agenda and minutes

To report any changes to the membership.

1.1       It was noted that there were no changes to the membership.

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.

2.1       There were no declarations of interest.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Pimlico North   * None   ** None	Caffe Foresta Ground Floor 95 Charlwood Street SW1V 4PB	New Premises Licence	23/03074/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

 

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 2 November 2023

 

Membership:           Councillor Maggie Carman (Chair), Councillor Judith Southern and Councillor Caroline Sargent

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Kevin Jackaman

 

Others present:        Mrs Chouleebhorn Messing (Applicant), Mr Messing, Mr Maxwell Koduah (Environmental Health Service), Mr Richard Brown (Solicitor, Westminster Citizens Advice) representing a local resident and five local residents.

 

Application for a New Premises Licence in respect of Caffe Foresta, Ground Floor, 95 Charlwood Street, SW1V 4PB

 

Full Decision

Premises

 

Caffe Foresta

Ground Floor

95 Charlwood Street

SW1V 4PB

 

Applicant

 

Mrs Chouleebhorn Messing

 

Ward

 

Pimlico North

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Sale by retail of alcohol (On Sales Only)

Monday to Friday: 09:00-18:30

Saturday to Sunday: 09:00-20:00

Hours Premises Are Open to the Public

Monday to Friday: 07:30-18:30

Saturday to Sunday: 09:00-20:00

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises currently operate as a café serving pre-prepared cold/heated food sandwiches, cakes, soft drinks, juices and tea/coffee. During consultation, the Applicant reduced the start time for the sale of retail of alcohol Monday to Friday from 07:30 to 09:00 hours. There is a resident count of 406. 

 

Representations Received

 

Metropolitan Police Service (withdrawn on 2 June 2023)

Environmental Health Service

Five local residents

 

Issues raised by Objectors

 

• The hours requested will have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.
• The area is mainly residential with only a few commercial shops.
• Absence of the café owner.
• Litter and rubbish generated by the café.
• Tables and chairs block the pavement and people’s doors.
• Dogs fouling on the fake grass situated outside the café.
• Potential noise nuisance and anti-social behaviour.
• Detrimental to the Licensing Objectives.

 

Policy Considerations

 

Policy HRS1:

A Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

Policy RNT1:

A Applications outside the West End Cumulative Impact Zone will generally be granted subject to:

1.The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2.The hours for licensable activities being within the Councils Core Hore Policy HRS1.

3.The operation of any delivery service for alcohol and/or late night refreshment meeting the Council’s Ancillary Delivery of Alcohol and/or Late Night Refreshment Policy DEL1.

4.The applicant has taken account of Policy SCZ1 if the premises are located within a designated zone.

5.The application and operation of the venue meeting the definition of a restaurant as per Clause C.

 

C. For the purposes of this policy a restaurant is defined as:  

1.A premises in which customers are shown to their table or the customer will select a table themselves to which food is either served to them or they have  ...  view the full minutes text for item 1.

Ward	Site Name & Address	Application Type	Licensing Reference No.
West End	Canwood55 55 Frith Street W1D 4SJ	Premises Licence Review	23/05987/LIREVP
*Cumulative Impact Area: N/A ** Special Consideration Zone/N/A

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Full Review Decision

Thursday 2 November 2023

 

Membership:           Councillor Maggie Carman (Chairman) Councillor Judith Southern and Councillor Caroline Sargent

 

Officer Support:       Legal Advisor – Michael Feeney

Committee Officer – Sarah Craddock
Presenting Officer – Kevin Jackaman

 

Application for a Review of a Premises Licence – Canwood55 55 Frith Street, London, W1D 4SJ

 

List of persons:

 

Premises Licence Holder

 

The Premises Licence Holder (PLH) is 8Uerte Limited. The PLH did not attend the hearing.

The Licensing Authority (‘The Applicant’)

          

Heath Richards

James Hayes

 

Environmental Health Service

 

Maxwell Koduah

 

Metropolitan Police

 

PC Reaz Guerra

Counsel: James Rankin

 

Soho Ward Panel

 

Jane Doyle (represented by Richard Brown, Westminster Citizens Advice)

 

The Soho Society

 

Marina Temple and Wendy Hardcastle (represented by Richard Brown, Westminster Citizens Advice). Ms Temple did not attend.

 

Freeholder of the Premises

 

Robert Shutt

Alun Thomas of Thomas & Thomas

 

 

Cumulative Impact Zone

 

West End Cumulative Impact Zone

 

Ward

 

West End

 

Summary of Application

 

This is an application for a Review of a Premises Licence in respect of Canwood55 55 Frith Street London W1D 4SJ(“The Premises”) under the Licensing Act 2003 (“The Act”). The Premises are a ground floor premises and hold a premises licence which was granted in November 2020. The Premises Licence was granted with conditions that the Premises would operate as a restaurant where alcohol would be ancillary to food. 

 

The licence holder is 8Uerte Limited. During the consultation period for the review application, the Designated Premises Supervisor (‘DPS’) applied to remove himself from the licence. The Premises are within the West End Ward. There is a resident count of 112.

 

On 1 and 2 July 2023, activity was detected at the Premises which was not authorised either through the Premises Licence or through a Temporary Event Notice (‘TEN’). It was found that the Premises was carrying out unlicensed sales of alcohol and unlicensed regulated entertainment. City Inspectors and Licensing Police visited on numerous occasions and issued a series of verbal warnings to the management team. These warnings however were repeatedly ignored, and even with the serving of a Section 19 closure notice issued by PC Adam Deweltz, the Premises continued to engage in unlicensed activity.

 

From August 2022, City Inspectors and Licensing Police tried on multiple occasions to engage and work with the premises to ensure compliance with the conditions of their Premises Licence, in particular the restaurant condition (condition 13).

The Premises repeatedly demonstrated a disregard for complying with licence conditions and by extension, the promotion of the licensing objectives. The incidents on 1 and 2 July 2023 are a testament to this.

Westminster Council wrote to the premises licence holder and designated premises supervisor on many occasions, inviting them to respond and put their case forward following persistent non-compliance of licence conditions and unsatisfactory management of the Premises. All formal letters sent by the Council remained unanswered as at the date of the meeting. 

There were also two test purchases on 15 July 2023 and 27  ...  view the full minutes text for item 2.