Agenda and minutes

Licensing Sub-Committee (2) - Thursday 14th December, 2023 10.00 am

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

Contact: Katherine Stagg, Committee and Councillor Co-ordinator  Email:  kstagg@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.

1905 Cellar, 42 Mortimer Street, W1W 7RH pdf icon PDF 609 KB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* None

 

** None

 

1905 Cellar

42 Mortimer Street

W1W 7RH

 

New Premises Licence

23/04264/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

 

Thursday 14 December 2023

 

Membership:           Councillor Maggie Carman (Chair) Councillor Concia Albert and Councillor Jacqui Wilkinson

 

Officer Support:        Legal Advisor:      Horatio Chance

Policy Officer:     Daisy Gadd

Committee Officer:     Steve Clarke

Presenting Officer:     Roxsana Haq

 

Other Parties:          Niall McCann (Keystone Law), Nikos Nyfoudis (Founder of 1905 Assets Limited), Anil Drayan (Environmental Health Service)

 

Application for a New Premises Licence 1905 Cellar 42 Mortimer Street

London W1W 7RH 23/04264/LIPN

 

                                                     FULL DECISION

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 1905 Cellar 42 Mortimer Street  London W1W 7RH (“The Premises”).  The Applicant 1905 Assets Limitedproposes to operate the Premises as a wine shop, bar and café, specialising in natural wines. This is a new premises licence application and therefore no premises licence history exists.

 

The Premises is located within the West End Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies.  The matter was considered on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.

 

There is a resident count of 84.

 

Premises

 

1905 Cellar

42 Mortimer Street

London

W1W 7RH

 

Applicant

 

1905 Assets Limited

 

Cumulative Impact Area

 

N/A

Special Consideration Zone

 

N/A

 

Ward

 

West End

 

Activities and Hours Applied For

 

Late Night Refreshment (Indoors and Outdoors)

 

Monday to Thursday N/A

Friday to Saturday 23:00 to 00:00

Sunday N/A

 

Seasonal Variations: Sundays immediately prior to a bank holiday 23:00 to 00:00

 

Sale by Retail of Alcohol (On and Off the Premises)

 

Monday to Thursday: 09:00 to 23:00

Friday to Saturday 09:00 to 00:30

Sunday 09:00 to 22:30

 

Seasonal Variations: None

 

Opening Hours to the Public

 

Monday to Thursday: 09:00 to 23:30

Friday to Saturday: 09:00 to 00:30

Sunday: 09:00 to 22:30

 

Seasonal Variations: Sundays immediately prior to a bank holiday 09:00 to 00:30 hours

 

Representations received

 

·       Environmental Health Service (EHS) (Anil Drayan).

·       11 Interested Parties.

 

Summary of issues raised by objectors

 

  • The Supply of Alcohol ‘On’ and ‘Off’ the premises and for the hours requested may impact on Public Safety and lead to an increase in Public Nuisance in the area.
  • The Provision of Late-Night Refreshment ‘Indoors’ and ‘Outdoors’ may lead to an increase in Public Nuisance in the area.
  • Westminster’s Statement of Licensing Policy – see on the Council’s website requires licensed premises demonstrating compliance with policy CH1, Protection of Children from Harm. Free advice on complying with this can be found on page 36 of policy.
  • Some conditions have been offered and these are under consideration to see if they are sufficient to ally Environmental Health concerns.
  • The provision of sanitary accommodation should be at least in line with BS6465 for any proposed capacity. Also separate provision for food handling staff is advised.
  • An assessment will need to be made as to how the plant and machinery employed for any cooking of food will not result in odour or noise nuisance.
  • It  ...  view the full minutes text for item 1.

2.

White Horse Public House, 45 Rupert Street, W1D 7PB pdf icon PDF 11 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

 

White Horse Public House

45 Rupert Street

W1D 7PB

 

Premises Licence Variation

23/05538/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

 

Thursday 14 December 2023

 

Membership:           Councillor Maggie Carman (Chair) Councillor Concia Albert and Councillor Jacqui Wilkinson

 

Officer Support:       Legal Adviser:              Horatio Chance

Policy Officer:               Daisy Gadd

Committee Officer:      Steve Clarke

                                 Presenting Officer:            James Hayes

 

Other Parties:          Niall McCann (Keystone Law), Samuel Smith (Director of Samuel Smith - Southern), Roxsana Haq (Licensing Authority), Richard Brown (The Soho Society) and Wendy Hardcastle (The Soho Society)

 

Application for a Variation of Premises Licence in respect of White Horse Public House 45 Rupert Street London W1D 7PB 23/05538/LIPN

 

                                                     FULL DECISION

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”) in respect of White Horse Public House 45 Rupert Street London W1D 7PB (“The Premises”). The Premises operates as a public house and has had the benefit of a premises licence since August 2005. The existing premises licence (22/06761/LIPDPS) can be viewed at Appendix 1 of the agenda report. The Premises Licence Holder (“PLH”) is Samuel Smith (Southern).

 

The PLH seeks to vary the Licence as follows:

 

·       To extend Late night refreshment and opening hours on Friday and Saturday until 00:00 hours and the sale of alcohol on Friday and Saturday until 23:30. (Equating to an extra 30 minutes)

·       To remove all conditions currently attached to the Premises Licence and replace with the conditions attached at Annex A to the Committee report and to add non-standard timings for all licensable activities (including opening hours) to extend for New Year's Eve.

 

The PLH has provided a written submission which can be found at Appendix 2 of the report. They make the following statement:-

 

“Whilst the pub is located within the West End Cumulative Impact Zone the policy to refuse a variation of hours does not apply when they are within the Core Hours. The applicant believes that the pub is not associated with any crime and disorder or public nuisance and hence considers that the new conditions will uphold the licensing objectives, but would be happy to consider any further conditions suggested by the statutory authorities or interested parties”.

 

 

The Premises are located within the West End Ward and West End Cumulative Impact Zone. There is no policy presumption to refuse the application provided the hours are with the core hours policy. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.  

 

There is a resident count of 247.

 

Premises

 

White Horse Public House 

45 Rupert Street 

London  

W1D 7PB 

 

Premises Licence Holder

 

Samuel Smith (Southern)

 

Cumulative Impact Area

 

West End Cumulative Impact Zone

 

Special Consideration Zone

 

N/A

 

Ward

 

West End

 

Hours and Activities applied for

 

As per the premises licence

 

Representations received

 

·       The Licensing Authority (Roxsana Haq)

·       The Environmental Health Service (Sally Fabbricatore)

·       The Soho Society (Marina Temple)

 

Summary of issues raised by objectors

 

·       The Licensing Authority encourages the applicant to provide further submissions as to how the increase  ...  view the full minutes text for item 2.

3.

94 Queensway, London, W2 3RR pdf icon PDF 3 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Lancaster Gate

 

* None

 

** Queensway and Bayswater

 

94 Queensway

London

W2 3RR

 

New Premises Licence

23/04772/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

This application was Granted under Delegated Authority.

4.

Taste of Lahore, 256B Edgware Road, W2 1DS pdf icon PDF 507 KB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Hyde Park

 

* None

 

** Edgware Road

 

Taste of Lahore

256B Edgware Road

W2 1DS

 

New Premises Licence

23/02122/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 14th December 2023

          

Membership:           Councillor Maggie Carman (Chair), Councillor Concia Albert Councillor Jacqui Wilkinson

             .

Officer Support:       Legal Adviser:              Horatio Chance

Policy Officer:               Daisy Gadd

Committee Officer:      Katherine Stagg

                                 Presenting Officer:            Roxsana Haq

 

Other Parties:          Mr Sajad Al-Hairi (Agent for the applicant), Pasha Safdar (Manager at Taste of Lahore), Kudzy Mondhlani (Environmental Health), Mr Richard Brown (Westminster Licensing Project) representing the Hyde Park Estate Association

 

Application for a New Premises Licence in respect of Taste of Lahore, 256B Edgware Road London W2 1DS 23/02122/LIPN

 

                                                     FULL DECISION

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Taste of Lahore, 256B Edgware Road London W2 1DS (“The Premises”). The Premises intends to operate as a restaurant offering traditional and Asian fusion cuisine with internal seating and take-away deliveries. This is a new premise licence application, so no premises history exists.

The Premises are located within the Hyde Park Ward and fall within the Edgware Road Special Consideration Zone. The onus is therefore on the Applicant to demonstrate that they have considered the matters relating to the SCZ under the City Councils SLP.

There is a resident count of 127.

Premises

 

Taste of Lahore

256B Edgware Road

London

W2 1DS

 

Applicant

 

Mr Sayed Awais Hussain Shah

 

 

Special Consideration Zone

 

Edgware Road Special Consideration Zone (“SCZ”)

 

Activities and Hours

 

Late Night Refreshment (Indoors and Outdoors)

 

Monday to Sunday 23:00 to 01:00

 

Recorded Music (Indoors)

 

Monday to Sunday 23:00 to 01:00

 

Opening Hours Premises are Open to the Public

 

Monday to Sunday 12:00 to 01.30

 

Representations Received

 

  • Metropolitan Police Service (MPS) PC Steve Muldoon (withdrawn 24 July 2023)
  • Environmental Health Service (Kudzy Mondhlani)
  • The Hyde Park Residents Association.
  • Councillor Karen Scarborough.

.

Summary of issues raised by Objectors

 

  • The provision of recorded music would have the likely effect of causing an increase in Public Nuisance and may also impact on Public Safety in the SCZ.
  • The provision of late-night refreshment will have the likely effect of causing an increase in Public Nuisance and may impact on Public Safety in the SCZ.
  • The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance and may also impact on Public Safety within Special Consideration Zone.
  • Upon a site visit, additional EH conditions may be proposed to uphold the licensing objectives.
  • As this is on our boundary The Hyde Park Estate Ass. (A Westminster recognised amenity group) are writing to strongly object to this application as we believe that this is likely to lead to Public Nuisance; an increase in Crime and Disorder public safety and it therefore does not support our Licensing objectives.
  • In spite of the best intentions of the applicant to be the eyes and eyes of the area - after many years of sitting on licensing committees I understand that unfortunately this is unrealistic unless you have a committed and  ...  view the full minutes text for item 4.