Agenda and draft minutes

Licensing Sub-Committee (3) - Thursday 14th October, 2021 10.00 am

Venue: Rooms 18.01 & 18.02 - 18th Floor, 64 Victoria Street, London, SW1E 6QP. View directions

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:

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.

1.1

Order of Proceedings 14th October

1.     CALL OVER MEETING

Conference Call Number:              020 3321 5213
Conference ID:                               620 419 724#

 

2.     10:00AM LSC (3) 38 Berwick Street London W1F 8RT - New Premises Licence

Conference Call Number:              020 3321 5213
Conference ID:                              
449 052 667#

E-mail Applicant will not be represented

 

3.      1:00PM LSC (3) Basement And Ground Floor 101 Praed Street London W2 1NT – New Premises Licence

Conference Call Number:         020 3321 5213
Conference ID:                         108 702 812#

Objector Submissions

Tables Berwick

 

2.

1. 10 AM - 38 Berwick Street London W1F 8RT pdf icon PDF 4 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

West End Ward /

West End Cumulative Impact Area

38 Berwick Street London W1F 8RT

New Premises Licence

21/05452/LIPN

 

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:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 14th October 2021

 

Membership:           Councillor Jim Glen (Chair), Councillor Heather Acton and Councillor Aicha Less

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Emanuela Meloyan

 

Application for a New Premises Licence 21/05452/LIPN

 

Full Decision

 

Premises

 

38 Berwick Street

London

W1F 8RT

 

Applicant

 

Toi Moi Limited

Represented by Jack Spiegler (Solicitor – Thomas and Thomas)

 

Cumulative Impact Area?

 

West End Cumulative Impact Zone

 

Ward

 

West End

 

Summary of Application

 

This is an application for a new Premises Licence. The Premises propose to operate as a Café and is located both within the West End Ward and West End Cumulative Impact Zone.  

 

Activities and Hours applied for

 

Retail Sale of Alcohol [On and Off Sales]

 

Monday to Sunday 09.00 to 22.00

 

Hours premises are open to the public

 

Monday to Sunday 07.30 to 22.30

 

 

 

Representations Received

 

·       The Metropolitan Police (PC Reaz Guerra) - Withdrawn

·       The Licensing Authority (Jessica Donovan)

·       One local resident objecting to the application

 

Summary of issues raised by objectors

 

·       The applicant was encouraged to consider Model Condition 38 to bring it in line with policy RTN1 where the supply of alcohol at the Premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

·       The applicant was required to provide submissions as to how the operation of the Premises would not add to cumulative impact in the West End cumulative impact area.

 

·       The opening of anther licensed premises in the area would create noise and disturbance in a street containing many residential properties.

 

Policy Position

 

The Premises was located within the West End Cumulative Impact Area and as such various policy points had to be considered under the City Council’s Statement of Licensing Policy (SLP), namely policies CIP1, HRS1 and RTN1.

 

SUBMISSIONS AND REASONS

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to partly grant the application.

 

The Presenting  Officer introduced the application and confirmed that the Police had withdrawn their representation following the agreement of conditions with the Applicant.

 

Mr Spiegler, representing the Applicant, introduced the application and advised that the Premises was an existing café located in Soho. The Applicant had owned the Premises since 2014 and it had a capacity of 50 customers across both the ground and basement floors. Due to the Covid-19 pandemic the Applicant was having to adjust the previous business model in order to ensure the viability of the Premises and this was why the food menu was being extended along with the proposal to provide an ancillary alcohol provision. There was no intention to alter the style of the Premises  to one which was alcohol-led and as such various conditions had been proposed to provide reassurance. These included ensuring the sale of alcohol on the Premises was ancillary to it operating as a café, the supply of alcohol would be by waiter/waitress service and to  ...  view the full minutes text for item 2.

3.

1.00 PM - 101 Bell Street London W2 1NT pdf icon PDF 375 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Church Street Ward / Not in Cumulative Impact Area

101 Bell Street

London

NW1 6TL

New Premises Licence

21/05642/LIPN

 

 

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:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 14th October 2021

 

Membership:           Councillor Jim Glen (Chair), Councillor Heather Acton and Councillor Aicha Less

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Emanuela Meloyan

 

Application for a New Premises Licence 21/05642/LIPN

 

Full Decision

 

Premises

 

101 Bell Street

London

NW1 6TL

 

Applicant

 

A1 Bottles Limited

 

Cumulative Impact Area?

 

Not in a Cumulative Impact Area

 

Ward

 

Church Street

 

Summary of Application

 

The Premises proposed to operate a commercial office which would be used for distribution of online sales of prosecco and champagne. 

 

Proposed Activities and Hours

 

Retail Sale of Alcohol [Off Sales]

 

Monday to Sunday 11.00 to 23.00 

 

Representations Received

 

·       Environmental Health Services (Maxwell Koduah)

·       One local resident in objection.

 

 

 

 

Summary of issues raised by objectors

 

·       The application as presented would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

 

·       The application would negatively impact on the amenity of local residents. The Premises would be receiving deliveries on a regular basis and delivery drivers would be continuously pulling up to the Premises to collect deliveries of alcohol. These activities would increase noise, pollution and congestion in a residential area.

 

Policy Position

 

Policies HRS1 and OS1 would have to be considered under the City Council’s Statement of Licensing Policy (SLP).

 

DECISION

 

The Presenting  Officer introduced the application and confirmed that the Applicant was not in attendance to present the application. The Sub-Committee was informed that written confirmation had been received that the Applicant would not attend and following discussions with a Director of the Applicant Company  further confirmation had been given that they would not attend the hearing, or any hearing rescheduled for a future date.

 

Mr Koduah, representing the Environmental Health Service (EHS), informed the Sub-Committee that their representation was maintained as the resident objecting to the application was unable to attend the hearing. The Sub-Committee noted that conditions had been agreed between EHS and the Applicant and Mr Koduah advised that these were sufficient to mitigate any concerns regarding public nuisance. These conditions included restricting when deliveries could take place to the Premises to between 07:00 and 23:00 hours and ensuring all deliveries would be undertaken by personnel employed directly by the licence holder or by the licence holder himself.

 

In response to questions from the Sub-Committee Mr Koduah confirmed that the street the Premises was located on was of a residential nature, however it was not considered proportionate to require all deliveries to be undertaken by bicycle in order to reduce any potential public nuisance. The Sub-Committee also noted that the opening hours for the operation had not been provided and expressed grave disappointment that the Applicant was refusing to attend the hearing in order to provide further clarification on how the business was intended to operate that would help promote the licensing objectives.

 

Conclusion

 

The Sub-Committee carefully considered the application and noted that it was not located within a Cumulative Impact Area (CIA)  ...  view the full minutes text for item 3.