Agenda and draft minutes

Licensing Sub-Committee (3) - Thursday 14th April, 2016 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership.

2.

Declarations of Interest

To receive declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

Minutes:

Councillors Caplan, Burbridge and Evans advised that in respect of Item 3 they had visited the premises on a personal basis but this would not influence their views on the matter.

3.

Crocker's Folly, 24 Aberdeen Place, NW8 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Regent’s Park Ward / not in cumulative impact area

Crocker's Folly, 24 Aberdeen Place, NW8

Variation

16/00715/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th April 2016

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Nick Evans

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Tristan Fieldsend

Presenting Officer:     Nick Nelson

 

Relevant Representations:         Environmental Health and 16 local residents (2 in support of the application).

 

Present: Mr John Lisle (Solicitor, Representing the Applicant), Mr James Lang (Applicant), Mr Anil Drayan (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mrs Anna Sinclair, Dr Alan Roth, Mrs Stephanie Roth and Ms Jen Whitten), Dr Alan Roth and Ms Jen Whitten (local residents).

 

Crocker’s Folly, 24 Aberdeen Place, NW8

16/00715/LIPV

 

1.

 

Conditions proposed to be varied so as to enable patrons to sit outside the premises for an additional hour from 21.00 to 22.00

 

Condition

Proposed Variation

 

Condition 24:

After 21:00 hours 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.

Amend to:

After 22:00 hours 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.

Condition 26:

After 21:00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 10 persons at any one time.

Amend to:

After 22:00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 10 persons at any one time.

Condition 27:

All outside tables and chairs shall be rendered unusable by 21:00 hours and the external area to the left of the entrance door as you face the premise shall be rendered unusable by 19:00 hours each day.

Amend to:

All outside tables and chairs shall be rendered unusable by 22:00 hours and the external area to the left of the entrance door as you face the premise shall be rendered unusable by 19:00 hours each day.

Condition 29:

No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 21.00 hours and 08.00 hours.

Amend to:

No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 22:00 hours and 08.00 hours.

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Firestone Management Limited for a variation of a premises licence in respect of Crocker’s Folly.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

In response to a request from Dr Alan Roth to call a witness, the Sub-Committee’s Legal Adviser confirmed that the witness was not present and the representation made by that witness had not been submitted within the legal timeframe. It could not be  ...  view the full minutes text for item 3.

4.

Circa, Basement and Ground Floor, 62 Frith Street, W1 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area

Circa, Basement and Ground Floor, 62 Frith Street, W1

Variation

16/01596/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th April 2016

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Nick Evans

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Tristan Fieldsend

Presenting Officer:     Nick Nelson

 

Relevant Representations:         Environmental Health and 8 persons in support of the application.

 

Present: Mr Jack Spiegler (Solicitor, Representing the Applicant), Mr Alan Winter and Ms Rafaela Borges (representing the applicant company), Mr Anil Drayan (Environmental Health), PC Bryan Lewis (Metropolitan Police) and Mr Jonathan Neill (local resident).

 

Circa, Basement and Ground Floor, 62 Frith Street, London

16/01596/LIPV

 

1.

Layout Alteration

 

Variation to the layout in accordance with the plans appended to the application. The proposed changes relate to improved toilet accommodation in the basement area.

 

2.

Increase in Capacity

 

Increase the authorised capacity from 100 to 130 (excluding staff) on Thursdays to Saturdays only. The capacity on all other days would remain at 100 but would exclude staff, which would actually give rise to an actual increase in capacity on those days as well.

 

3.

Conditions Being Varied, Added or Removed

 

Condition

Proposed Variation

 

Condition 10:

The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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 is 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.

Recordings shall be made available

immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

Amend to:

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 dentification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is 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 preceding 31 day period.

 

Condition 13:

After 21:00 hours on Thursday, Friday and Saturday, SIA registered door staff must staff the door until the last customer leaves.

Amend to:

After 21:00 hours on Thursday, Friday and Saturday, SIA registered door staff must staff the door until the last customer leaves. On Friday and Saturday a minimum of 2 SIA registered door staff shall be on duty at the premises from 21:00 until the last customer leaves.

 

Condition 21:

After 23:00 hours the supply of alcohol must be ancillary to the use of the premises for music and dancing and/or substantial refreshment.

 

Remove from the premises licence

Condition 22:

The number of persons permitted on the  ...  view the full minutes text for item 4.

5.

Essentials, Unit 1, Leicester Square Station, Charing Cross Road pdf icon PDF 1 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward / West End Cumulative Impact Area

Essentials, Unit 1, Leicester Square Station, Charing Cross Road

New

16/01043/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th April 2016

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Nick Evans

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Tristan Fieldsend

Presenting Officer:     Sumeet Anand-Patel

 

Relevant Representations:         Metropolitan Police.

 

Present: Mr Alec Dolby (Agent, Representing the Applicant), Mr Hadi Ahmad (Applicant), Mr Suresh Kanapathi (Licensing Consultant), Ms Sumeet Anand-Patel (Environmental Health) and PC Sandy Russell (Metropolitan Police).

 

Essentials, Unit 1, Leicester Square Station

16/01043/LIPN

 

1.

Off Sale by Retail of Alcohol

 

Monday to Sunday: 11:00 – 22:00

 

2.

Hours Premises are Open to the Public

 

Monday to Sunday: 07:00 – 22:00

 

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Global VIPs Limited for a new  premises licence in respect of Essentials.

 

The Licensing Officer provided an outline of the application to the Sub-Committee. She explained that the premises operated as a newsagent / convenience store within Leicester Square Underground Station. The applicant was seeking to sell alcohol for consumption off the premises until 22.00 hours every day.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Mr Ahmad, the Director of the applicant company, advised the Sub-Committee that he had been working at the premises for twenty-seven years during which he had built up a good working relationship with Transport for London (TfL). He was now the owner of the business. The premises had previously operated as a coffee shop but he found it difficult to compete with another similar operator within the station. TfL had suggested that he might want to think about changing his business to that of a convenience store. It was confirmed that draft conditions had been agreed with Environmental Health and Transport for London no longer had any objection to him selling alcohol  subject to Mr Ahmad abiding by their alcohol selling policy. A copy of the letter (dated 25th November 2015) confirming the granting of TFL’s permission to sell alcohol at the premises was circulated to the Sub-Committee.

 

In respect of the British Transport Police’s evidence at page 80 of the Licensing Sub-Committee report, the Sub-Committee’s Legal Adviser clarified that the Transport for London Byelaws did not prevent customers from being in possession of alcohol either within the station itself or on the underground trains. It was legal to be on the tube network with alcohol as long as it was in a sealed container.

 

Mr Dolby, the applicant’s agent, explained that alongside the draft conditions agreed with Environmental Health, TFL’s alcohol selling policy was so stringent that if there was one single reported incident Mr Ahmad would have to immediately cease selling alcohol. This would ensure that there would be no alcohol related issues relating to the premises.

 

In response to a question Mr Dolby confirmed that no  ...  view the full minutes text for item 5.