Agenda and minutes

Licensing Sub-Committee (3) - Thursday 22nd July, 2021 10.00 am

Venue: This will be a virtual meeting

Contact: Sarah Craddock, Committee and Councillor Support Co-ordinator  Email:  scraddock@westminster.gov.uk Tel: 0779098018

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership of the Sub-Committee.

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:

There were no Declarations of Interest.

1.1

Order of Proceedings

2.

Ku Bar, Basement To First Floor, 25 Frith Street, W1D 5LB pdf icon PDF 2 MB

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

West End*

None**

Basement To First Floor

25 Frith Street

London

W1D 5LB

Variation to the Premises Licence

21/01596/LIPV

*Cumulative Impact Area
** Special Consideration Zone

This will be a virtual meeting. Members of the Public can view the live broadcast using the media links on the Council’s website.

 

Additional documents:

Minutes:

APPLICATION FOR A VARIATION TO AN EXISTING PREMISES LICENCE [PREMISES LICENCE 21/01596/LIPV]

Premises

Ku Bar, Basement to 1st Floor, 25 Frith St, London W1D 5LB

Applicant

Allied Promotions Ltd

Cumulative Impact Area (CIA)/Special Considerations Zone (SCZ)

CIA:   West End

SCZ:  N/A

Ward

West End

Summary of Application

The application sought to –

1.     Vary the terminal hour for all licensable activities and the opening hours to 01:00 hours the following day on Monday to Saturday and Sundays immediately before Bank Holiday Mondays until 31 May 2023; and

2.     To add the following condition until 31 May 2023 –

“The permitted terminal hour for licensable activities shall be 1 AM the following day on Monday to Saturday and Sundays immediately before Bank Holiday Mondays until 31 May 2023.

From 1 June 2023 the terminal hours for licensable activities shall revert back to core hours unless this condition is removed from the Premises Licence by way of a variation application.”

Representations Received

Representations were received from –

The Metropolitan Police Service (MPS); the Licensing Authority; the Soho Society (opposing the application); and numerous residents and other interested parties supporting the application.

SUMMARY OF PROCEEDINGS

Presentation By the Applicant

Mr Jack Spiegler of Thomas & Thomas Partners LLP

Mr Spiegler, noting that the Sub-Committee Members had read the various papers and submissions before them, introduced Mr Gary Henshaw of the applicant company and invited him to address the Sub-Committee.

Mr Gary Henshaw of the Applicant Company

Mr Henshaw provided a brief history of the Premises and his involvement in managing and operating Gay venues in London’s West End. He described the layout and operation of Ku Bar, Frith Street, and its involvement in the LGBTQ+ community before describing the financial impact of the coronavirus pandemic on the business. In conclusion, Mr Henshaw stated that the proposed variation to the existing Premises Licence was intended to mitigate the worst effects of Covid-19 on the business.

Mr Spiegler then addressed the Sub-Committee on the submissions made by Richard Brown of Citizens Advice Westminster, Licensing Project, on behalf of The Soho Society. In so doing, he noted that this was an application for a time-limited variation and that it was not Mr Henshaw’s intention to transfer the licence to another operator.

Mr Spiegler addressed the policy considerations referred to in Mr Brown’s submission, noting that the Premises was one that should be protected by the Council’s Licensing policies. In response to Mr Brown’s submissions regarding precedents, Mr Spiegler referred the Sub-Committee to the case of Meade v. Brighton Corporation (1968)[1] which he stated was authority for the proposition that there were no precedents in licensing applications.

Regarding Mr Brown’s submissions that the application might only be granted if the Sub-Committee was satisfied that it came within an exception to the Council’s existing cumulative impact area policy, Mr Spiegler noted that the examples of exceptions listed in the Council’s Statement of Licensing Policy was not exhaustive and that there were a number of factors in the  ...  view the full minutes text for item 2.

3.

Ku Bar, 29 - 30 Lisle Street, WCH 7BA pdf icon PDF 2 MB

 

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

West End*

None**

Ku Bar

29 - 30 Lisle Street

London

WC2H 7BA

Variation to the Premises Licence

21/01595/LIPV

*Cumulative Impact Area
** Special Consideration Zone

This will be a virtual meeting. Members of the Public can view the live broadcast using the media links on the Council’s website.

 

Additional documents:

Minutes:

APPLICATION FOR A VARIATION TO AN EXISTING PREMISES LICENCE [PREMISES LICENCE 21/01595/LIPV]

Premises

Ku Bar, 29-30 Lisle St, London WC2H 7BA

Applicant

Allied Promotions Ltd

Cumulative Impact Area (CIA)/Special Considerations Zone (SCZ)

CIA:   West End

SCZ:  N/A

Ward

St James’

Summary of Application

The application sought to –

1.     To vary the terminal hour on the Ground Floor and First Floor for all licensable activities; and the Opening Hours to 01:00 hours the following day on Monday to Saturday, and Sundays immediately before Bank Holiday Mondays, until 31 May 2023; and

2.     To add –

·       Recorded Music on the Ground Floor and First Floor until 31 May 2023; and

·       The following condition until 31 May 2023 –

“The permitted terminal hour for licensable activities on the Ground and First floors shall be 1 AM the following day on Monday to Saturday, and Sundays immediately before Bank Holiday Mondays, until 31 May 2023. From 1 June 2023 the terminal hours for licensable activities shall revert back to core hours unless this condition is removed from the Premises Licence by way of a variation application”.

 

3.     To amend –

·       Condition 29 until 31 May 2021 to reflect the new proposed terminal hours; and

·       Condition 30 until 31 May 2021 to the following –

“On the Ground Floor and First Floor, customers to be off the Premises by 01:00 hours, Monday to Saturday, and Sundays immediately prior to bank holidays; and 22:50 hours on Sundays”.

Representations Received

Representations were received from –

The Metropolitan Police Service (MPS); the Licensing Authority; the Soho Society (opposing the application); and numerous residents and other interested parties supporting the application.

SUMMARY OF PROCEEDINGS

Presentation By the Applicant

Mr Jack Spiegler of Thomas & Thomas Partners LLP

Mr Spiegler introduced the application to the Members of the Sub-Committee.

In response to a question by the Chairman, Mr Spiegler stated that the video clips that had been submitted to the Sub-Committee for their information were examples of added difficulties faced by Mr Henshaw in operating the Premises in the current economic conditions caused by the coronavirus pandemic, that is, football hooligans attending EURO 2020 events staged in Westminster who were responsible for extensive and costly criminal damage when they attempted to break into the applicant’s Premises.

Mr Gary Henshaw of the Applicant Company

Mr Henshaw provided a brief history of the Premises, including describing the layout and operation of Ku Bar, Lisle Street Premises, including a basement bar, “Ku Bar”, which had a capacity for 160 persons, but which was not part of the present application; a ground floor bar with a capacity for 230 persons which was currently operating at less than 50 percent capacity to keep the Premises safe in the current Covid-19 conditions (most customers being seated); and a first floor hi-end cocktail bar & cabaret lounge with capacity to accommodate up to 100 persons, which was currently operating at 80 percent capacity.

Mr Spiegler then summarised the conditions agreed by the applicant when the Sub-Committee had, earlier  ...  view the full minutes text for item 3.