Agenda and minutes

Licensing Sub-Committee (2) - Thursday 22nd February, 2024 10.00 am

Venue: Rooms 18.01 - 18.03 - 18th Floor, 64 Victoria Street, London, SW1E 6QP

Contact: Sarah Craddock, Committee and Councillor Co-ordinator  Email:  scraddock@westminster.gov.uk

Media

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 the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

2.1       There were no declarations of interest.

1.

Unit 2, 26 Aybrook Street, W1U 4AN pdf icon PDF 18 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone

 

* None

 

** None

Unit 2

26 Aybrook Street

W1U 4AN

 

New Premises Licence

23/08470/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 22 February 2024

 

Membership:           Councillor Maggie Carman (Chair)

Councillor Md Shamsed Chowdhury

Councillor Tim Mitchell

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Mr Jack Spiegler (Solicitor, Thomas and Thomas on behalf of the Applicant) and Mr Gavin de Klerk (Applicant)

 

Mr Anil Drayan (Environmental Health Service)

Mr Richard Brown - Licensing Advice Project (on behalf of the Marylebone Association)

Mr G.A (Marylebone Association)

Ms E. Q, Mr J.S and Mr ML (Local residents)

Mr Richard Brown - Licensing Advice Project (on behalf of St Vincent Catholic Primary School)

Ms M.C (Headteacher of St Vincent Catholic Primary School)

Mr L.C (Chair of Governors at St Vincent Catholic Primary School)

 

Application for a New Premises Licence in respect of Unit 2, 26 Aybrook Street, London, W1U 4AN  - 23/08470/LIPN

 

 

FULL DECISION

Premises

 

Unit 2

26 Aybrook Street

W1U 4AN

 

Applicant

 

Moxon Street Residential (Luxembourg) S.a R.l.

 

Ward

 

Marylebone

 

Cumulative Impact

 

None

 

Special Consideration Zone

 

None

 

There is a resident count of 184.

 

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intend to operate as a restaurant unit within the Marylebone Square development.  This is a new Premises Licence application and therefore no Premises history exists. 

 

Representations Received

 

  • Environmental Health Services (EHS)
  • Metropolitan Police Services (MPS) (Withdrawn)
  • Marylebone Association
  • Councillor Karen Scarborough (Marylebone Ward Councillor)
  • Resident x 8

 

Issues raised by Objectors.

 

The EHS states that the proposal may undermine the licensing objectives of Prevention of Public Nuisance, Public Safety and Prevention of Harm to Children. The Applicant has offered an extensive list of conditions but these may not be sufficient to allay Environmental Health concerns, in particular further information is requested on capacity, prevention of internal noise transfer, prevention of odour and dispersal at closing time.

 

The residents main concerns were:

·       the new restaurants in Marylebone Square would create noise and be disruptive in a highly residential area.

·       the Applicant was seeking to operate beyond the Council’s Core Hours Policy which would disrupt the quiet neighbourhood at night.

·       the dispersal of patrons.

·       the close proximity of the proposed venue to a primary school is not conducive with having a safe environment for children.

·       antisocial behaviour increasing in the area due to the presence of the venue.

·       noise pollution in the area.

·       the litter impact on the neighbourhood from increased traffic - waste, cigarette butts, glasses etc.

·       school children having to walk past the effects of antisocial behaviour and litter on the way to school.

·       research shows the presence of these venues near schools poses a long term risk to children in terms of increased use of alcohol, as they go through the stages of child development.

·       Moxon St and Aybrook St were very busy thoroughfares during the day.

·       Tables and chairs outside the Premises.

·       Delivery and waste collections in the area.

 

 

Policy Considerations

 

Policy HRS 1  ...  view the full minutes text for item 1.

2.

Unit 3, 11 Cramer Street, W1U 4EA pdf icon PDF 2 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone

 

* None

 

** None

Unit 3

11 Cramer Street

W1U 4EA

 

New Premises Licence

23/08472/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 22 February 2024

 

Membership:           Councillor Maggie Carman (Chair)

Councillor Md Shamsed Chowdhury

Councillor Tim Mitchell

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Mr Jack Spiegler (Solicitor, Thomas and Thomas on behalf of the Applicant) and Mr Gavin de Klerk (Applicant)

 

Mr Anil Drayan (Environmental Health Service)

Mr Richard Brown - Licensing Advice Project (on behalf of the Marylebone Association)

Mr G.A (Marylebone Association)

Ms E. Q, Mr J.S and Mr ML (Local residents)

Mr Richard Brown - Licensing Advice Project (on behalf of St Vincent Catholic Primary School)

Ms M.C (Headteacher of St Vincent Catholic Primary School)

Mr L.C (Chair of Governors at St Vincent Catholic Primary School)

 

Application for a New Premises Licence in respect of Unit 3, 11 Cramer Street, W1U 4EA- 23/08472/LIPN

 

 

FULL DECISION

Premises

 

Unit 3

11 Cramer Street

W1U 4EA

 

Applicant

 

Moxon Street Residential (Luxembourg) S.a R.l.

 

Ward

 

Marylebone

 

Cumulative Impact

 

None

 

Special Consideration Zone

 

None

 

There is a resident count of 228.

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intend to operate as a restaurant unit within the Marylebone Square development.  This is a new Premises Licence application and therefore no Premises history exists. 

 

Representations Received

 

  • Environmental Health Services (EHS)
  • Metropolitan Police Services (MPS) (Withdrawn)
  • Marylebone Association
  • Councillor Karen Scarborough (Marylebone Ward Councillor)
  • Resident x 4

 

Issues raised by Objectors.

 

The EHS states that the proposal may undermine the licensing objectives of Prevention of Public Nuisance, Public Safety and Prevention of Harm to Children. The Applicant has offered an extensive list of conditions but these may not be sufficient to allay Environmental Health concerns, in particular further information is requested on capacity, prevention of internal noise transfer, prevention of odour and dispersal at closing time.

 

The residents’ main concerns were:

·       the new restaurants in Marylebone Square would create noise and be disruptive in a highly residential area.

·       the Applicant was seeking to operate beyond the Council’s Core Hours Policy which would disrupt the quiet neighbourhood at night.

·       the dispersal of patrons.

·       the close proximity of the proposed venue to a primary school is not conducive with having a safe environment for children.

·       antisocial behaviour increasing in the area due to the presence of the venue.

·       noise pollution in the area.

·       the litter impact on the neighbourhood from increased traffic - waste, cigarette butts, glasses etc.

·       school children having to walk past the effects of antisocial behaviour and litter on the way to school.

·       research shows the presence of these venues near schools poses a long term risk to children in terms of increased use of alcohol, as they go through the stages of child development.

·       Moxon St and Aybrook St were very busy thoroughfares during the day.

·       Tables and chairs outside the Premises.

·       Delivery and waste collections in the area.

 

 

Policy Considerations

 

Policy HRS 1 states:

 

A.  ...  view the full minutes text for item 2.

3.

Unit 9, 7 St Vincent Street, W1U 4DA pdf icon PDF 2 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone

 

* None

 

** None

Unit 9

7 St Vincent Street

W1U 4DA

 

New Premises Licence

23/08471/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 22 February 2024

 

Membership:           Councillor Maggie Carman (Chair)

Councillor Md Shamsed Chowdhury

Councillor Tim Mitchell

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Mr Jack Spiegler (Solicitor, Thomas and Thomas on behalf of the Applicant) and Mr Gavin de Klerk (Applicant)

 

Mr Anil Drayan (Environmental Health Service)

Mr Richard Brown - Licensing Advice Project (on behalf of the Marylebone Association)

Mr G.A (Marylebone Association)

Ms E. Q, Mr J.S and Mr ML (Local residents)

Mr Richard Brown - Licensing Advice Project (on behalf of St Vincent Catholic Primary School)

Ms M.C (Headteacher of St Vincent Catholic Primary School)

Mr L.C (Chair of Governors at St Vincent Catholic Primary School)

 

Application for a New Premises Licence in respect of Unit 9, 7 St Vincent Street, London, W1U 4DA -  23/08471/LIPN

 

 

FULL DECISION

Premises

 

Unit 9

7 St Vincent Street

W1U 4DA

 

Applicant

 

Moxon Street Residential (Luxembourg) S.a R.l.

 

Ward

 

Marylebone

 

Cumulative Impact

 

None

 

Special Consideration Zone

 

None

 

There is a resident count of 300.

 

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intend to operate as a restaurant unit within the Marylebone Square development.  This is a new Premises Licence application and therefore no Premises history exists. 

 

Representations Received

 

  • Environmental Health Services (EHS)
  • Metropolitan Police Services (MPS) (Withdrawn)
  • St Vincent Catholic Primary School
  • Councillor Karen Scarborough (Marylebone Ward Councillor)
  • Marylebone Association
  • Resident x 51

 

Issues raised by Objectors.

 

The EHS states the proposal may undermine the licensing objectives of Prevention of Public Nuisance, Public Safety and Prevention of Harm to Children. The Applicant has offered an extensive list of conditions but these may not be sufficient to allay Environmental Health concerns, in particular further information is requested on capacity, prevention of internal noise transfer, prevention of odour and dispersal at closing time.

 

The main concerns expressed by St Vincent Catholic Primary School, the Marylebone Association and the residents were:

·       the close proximity of the proposed premises to a primary school is not conducive with having a safe environment for children. The presence of the Premises would affect collection, pick-up and evacuation procedures.

·       the Applicant was seeking to operate beyond the Council’s Core Hours Policy which would disrupt the quiet neighbourhood at night.

·       the dispersal of patrons.

·       antisocial behaviour increasing in the area due to the presence of the venue.

·       noise pollution in the area.

·       the litter impact on the neighbourhood from increased traffic - waste, cigarette butts, glasses etc

·       school children having to walk past the effects of antisocial behaviour and litter on the way to school.

·       research shows the presence of these venues near schools poses a long- term risk to children in terms of increased use of alcohol, as they go through the stages of child development.

·       Tables and chairs outside the Premises.

·       Delivery and waste collections in the area.

 

Policy Considerations

 

Policy HRS  ...  view the full minutes text for item 3.