Agenda and minutes

To report any changes to the membership.

1.1       There were no changes to the Membership.

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.

2.1       There were no declarations of interest.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3

(“The Committee”)

Wednesday 24 November 2021

Membership:      Councillor Jim Glen (Chairman), Councillor Jacqui Wilkinson and Councillor Maggie Carman

Officer Support  Legal Adviser:              Horatio Chance

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Georgina Wills

                          Presenting Officer:        Emanuela Meloyan

Application for a New Premises Licence in respect of 51-53 Rupert Street

London W1D 7PQ 21/07130/LIPN

Suresh Kanapathi of Arka Licensing (Representing Applicant, Mr Abdullah Abdul Dodhiya), Mr Abdullah Abdul Dodhiya (Applicant), Kevin Jackaman (Licensing Authority), James Hayes (City Inspector), Anil Drayan (Environmental Health), Ms J Doyle (The Soho Society) and Mr Richard Brown (Legal Representative of The Soho Society)

Premises

51-53 Rupert Street London W1D 7PQ

Applicant

Mr Abdullah Abdul Dodhiya

Cumulative Impact Area

West End

Ward

West End

Special Consideration Zone

None

Summary of application

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a small convenience shop in the soho area. The Premises sells chocolates, soft drinks, snacks, tobacco, household goods and hot food in a hot cabinet. This will include the sale of alcohol for consumption Off the Premises to those regular customers who either live or work locally. Similar, to tobacco sales from concealed cabinet, the Premises would like to have alcohol available, in closed cabinets.

The Sub-Committee noted that following consultation, the Applicant reduced the hours for the provision of late-night refreshment from 23:00 to 05:00 Monday to Sunday to Westminster core hours. The Premises is located both within the West End Ward and West End Cumulative Impact Zone. The Special Consideration Zone does not apply. There is a resident count of 255.   

This application seeks the following licensable activities and operating hours: -

Late Night Refreshment (Indoors) 

Monday to Thursday 23:00 to 23:30 hours

Friday to Saturday 23:00 to 00:00 hours

Sunday N/A

Sale by Retail of Alcohol (Outdoors)

Monday to Sunday 10:00 to 22:00 hours

Opening Hours of the Premises:

Monday to Sunday 00:00 to 23:59 hours

There are no seasonal variations

The Sub-Committee noted that representations were received from the Metropolitan Police Service (MPS) Environmental Health Service (EHS) the Soho Society and 6 residents. The thrust of those objections cited issues regarding public nuisance and crime and disorder.

Representations received

•        Environmental Health Service (EHS) (Anil Drayan)

•        Metropolitan Police Service (PC Bryan Lewis) WITHDRAWN

•        Licensing Authority (Kevin Jackaman)

•        The Soho Society

•        7 Local Residents

Summary of issues raised by objectors

The Environmental Health Service had maintained representation on the grounds of the Prevention of Public Nuisance. The Licensing Authority, The Soho Society and seven local residents had maintained representation on the Prevention of Crime and  Disorder, Prevention of Public Nuisance, Public Safety and the Protection of Children from Harm. The main issues are summarised as follows:-

·       I strongly object to the addition of a licence to sell alcohol from this shop, and any extension of hours for the sale of food. This particular shop is already a problem for residents.  ...  view the full minutes text for item 2.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3

(“The Committee”)

Wednesday 24 November 2021

Membership:      Councillor Jim Glen (Chairman), Councillor Jacqui Wilkinson and Councillor Maggie Carman

Officer  Support Legal Adviser:              Horatio Chance

                           Policy Officer:               Aaron Hardy

                           Committee Officer:       Georgina Wills

                          Presenting Officer:        Emanuela Meloyan

Application for a New Premises Licence in respect of 20 Berkeley Street

London W1J 8EE 21/07322/LIPN

Other Parties Present: Saba Naqshbandi (Legal Representative, Novators Hospitality (Berkeley) Limited), Thomas O’Maoileoin of Thomas & Thomas Solicitors (Agent,Novators Hospitality Limited), Alex D’Aguiar (Operational Director, Novators Hospitality Limited), Phil Campbe (Chef de la Maison, Novators Hospitality Limited), Anil Drayan (Environmental Health), Dr Ulrich Brandt-Pollmann and Richard Brown (Legal Representative representing Mr J Zand, Mr U Brandt-Pollman, Ms JA Chang and M Dunn)

                                                     Full Decision

Premises

20 Berkeley Street London W1J 8EE

Applicant

Novators Hospitality (Berkeley) Limited

Cumulative Impact Area

None

Ward

West End

Special Consideration Zone

West End

Summary of Application

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises proposes to operate as a fine dining restaurant. The Premises is located both within the West End Ward and West End Buffer Special Consideration Zone (SCZ). The Premises previously had the benefit of a premises licence (17/01674/LIPT) which was granted in July 2014 and lapsed in August 2020.  The Applicant prior to the hearing provided written submissions addressing the SCZ  including the significant financial investment ploughed into the proposed venture which was noted by the Sub-Committee.

There is a resident count of 93.

Representations received

•        Environmental Health Service (Anil Drayan).

•        17 Berkeley Street Residents Association.

•        6 local residents.

Summary of issues raised by objectors

The Environmental Health Service had maintained representation on the grounds of the Prevention of Public Nuisance. The 17 Berkeley Street Residents Association and 6 residents had maintained representation on the Prevention of Crime and Disorder and the Prevention of Public Nuisance.

Policy Position

Policies SCZ1, HSR1 and RNT1 apply under the City Council’s Statement of Licensing Policy apply (SLP).

SUBMISSIONS  AND REASONS

The Sub-Committee considered an application by Novators Hospitality (Berkeley) Limited for a New Premises Licence in respect of 20 Berkeley Street London W1J 8EE. The Presenting Officer provided a summary of the Application and advised that representations had been maintained by Environmental Health, The 17 Berkeley Street Residents Association and 6 local residents. The Premises is situated in the West End Ward and in the West End Buffer SCZ. 

Ms Saba Naqshbandi Counsel appearing on behalf of the  Applicant advised that it was proposed for the Premises to operate as a high-end restaurant which offered premium food and beverages. The Premises operational hours would be within Westminster’s core hours. The Sub-Committee was advised that the Premises had been vacant for over 5 years and the previous premise licence had lapsed due to the former occupiers going into liquidation in August 2020. Ms Naqshbandi advised that it was proposed for the Restaurant to open in 2023 and that some five million  ...  view the full minutes text for item 3.