Agenda and minutes

Licensing Sub-Committee (3) - Thursday 27th January, 2022 10.00 am

Venue: This is a virtual Teams meeting.

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

Media

Items
No. Item

1.

Membership

To report any 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.

1.

18-22 Finchley Road, NW8 6EB pdf icon PDF 2 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Abbey Road

None*

None **

18-22 Finchley Road, NW8 6EB

Variation to the Premises Licence

21/06196/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3

 

Thursday 27th January 2022

 

          

Membership:      Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less.

 

Officer Support: Legal Adviser:         Viviene Walker

                          Policy Officer:         Kerry Simpkin

                          Committee Officer: Sarah Craddock

                          Presenting Officer: Roxsana Haq

              

Application for a Variation of Premises Licence - 18-22 Finchley Road

London NW8 6EB – 21/06196/LIPV

 

                                           FULL DECISION

 

Premises  

 

18-22 Finchley Road

London NW8 6EB

 

Applicant

 

Quick Commerce Limited

Represented by Philip Kolvin QC, Robert Botkai, Winckworth Sherwood, (Agent), Joseph Falter (Applicant Company) Joseph Winter (Applicant Company) Jamie Stephenson (Applicant Company) and Adrian Studd (Consultant).

 

Ward

 

Abbey Road

 

 

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

The Applicant wishes to vary the licence as follows:

 

To vary the hours for the Sale by Retail of Alcohol for consumption off the premises from Monday to Saturday 08:00 to 23:00 and Sunday 09:00 to 22:30 to Monday to Sunday 00:00 to 00:00.

 

 

 

Representations Received

 

·       Environmental Health Service (Maxwell Koduah)

·       Metropolitan Police Service (PC Reaz Guerra)

·       Nine Interested Parties.

 

Issues raised by Objectors

 

Environmental Health Service stated:

·       The hours requested to supply alcohol may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

 

The Metropolitan Police Service stated:

·       If granted the application would undermine the Licensing Objectives.

·       The hours sought exceed Westminster’s Core Hours Policy and there is insufficient detail contained within the operating schedule to promote the licensing objectives.

 

The local residents stated:

 

·       This once peaceful and safe surrounding of the neighbourhood would be completely destroyed if this would go ahead.  With the granting of licence, this will lead to the attraction of frequent opportunistic crime to come to the surrounding area.

·       There are two schools with several hundred high school students in the immediate neighbourhood to the subject premises.  Students could be tempted to access alcoholic drinks from the premises to the detriment of societal peace in St John’s Wood.

·       This will add to traffic congestion in the area and deteriorate air quality.  It will increase the risk of accidents.  The area is residential with small children everywhere.

·       Activity of alcohol sales and the possible noise involved throughout the night could be intolerable for myself and my neighbours, trying to sleep with a window or two open, and accustomed to a peaceful living. The potential for drinking in this area especially during the evening and night is horrific.  It must not be allowed.

·       Core licensing hours should not be extended under any circumstances as this will also create a precedent elsewhere in St John’s Wood.

·       This will be a huge disturbance to the neighbourhood.

·       The establishment will become a hang out and will cause loitering and noise.

·       The application would undermine the licensing objectives, in so far as they relate to the prevention of public nuisance and the prevention of crime and disorder.

 

 

 

 

Summary of the Application

 

The Committee has determined an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises  ...  view the full minutes text for item 1.

2.

Hyde Park, Serpentine Road, W2 2UH pdf icon PDF 20 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Knightsbridge and Belgravia

None*

None**

Hyde Park, Serpentine Road, W2 2UH

New Premises Licence

21/11135/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 27 January 2022

 

Membership:Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less

 

Officer Support: Legal Adviser:         Viviene Walker

                          Policy Officer:         Kerry Simpkin

                          Committee Officer: Sarah Craddock

                          Presenting Officer: Roxsana Haq

 

Present:        Sarah Le Fevre, Counsel and Jack Spiegler (Thomas and Thomas) (Representing the Royal Parks, The Applicant), Alun Mainwaring (Events, Royal Parks), Holly Baird (Events, Royal Parks), Steve    Edwards (DPS, Royal Parks) and Jim King (CEO, Royal Parks).

 

                        Mr Anil Drayan – Environmental Health Services

                        PC Reaz Guerra – Metropolitan Police Service

                        Mr Richard Brown, Solicitor, Westminster Citizens Advice   Bureau, representing two local residents.

                        Mr Mike Dunn, local resident

 

Application for a New Premises Licence – Hyde Park Serpentine Road,

W2 2UH – 21/11135/LIPN

          

FULL DECISION

Premises

Hyde Park

Serpentine Road

London W2 2UH 

 

Applicant

 

The Royal Parks Limited

 

Ward

 

Knightsbridge and Belgravia

 

Cumulative Impact Zone

 

None 

Special Consideration Zone

 

None

 

Licensable Activities and Hours applied for

 

Plays, Live Music, Recorded Music, Performance of Dance and anything of a similar description (Indoors and Outdoors)

 

Monday to Sunday 10:00 to 22:30

 

Seasonal Variations/Non-standard timings: None

 

Films (Indoors and Outdoors)

 

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday 10:00 to 22:30

 

Seasonal Variations/Non-standard timings: Sundays before Bank Holiday

Mondays 10:00 to 00:00

 

Sale by Retail of Alcohol (On Sales)

 

Monday to Sunday 12:00 to 22:30

 

Seasonal Variations/Non-standard timings: None

 

Opening Hours of the Premises

 

Monday to Sunday 05:00 to 00:00

 

Seasonal Variations/Non-standard timings: None

 

Representations Received

 

·       Metropolitan Police Service (PC Reaz Guerra)

·       Environmental Health Service (Anil Drayan)

·       Six local residents (opposing)

·       Friends of Hyde Park & Kensington Gardens (Supporter)

·       Hyde Park Estate Association (Supporter)

 

 

Issues raised by Objectors

 

Representations were received from Environmental Health Service (EHS), Metropolitan Police Service (MPS), six local residents.  The thrust of those objection cited public safety, public nuisance and crime and disorder.

 

EHS stated:

 

·       The provision and hours proposed for the Supply of Alcohol may result in an increase in Public Nuisance in the area and may impact on Public Safety.

·       The provision and hours proposed for the Regulated Entertainments may result in an increase in Public Nuisance in the area and may impact on Public Safety.

 

MPS stated:

 

It is our belief that if granted the application would undermine the Licensing Objectives.  There is insufficient detail within the operating schedule to promote the Licensing Objectives.

 

Local Residents stated:

 

·       For us living with young kids not far from the Serpentine south gallery pavilion, the music is often so loud that it disturbs their sleep.  So, time limit and DB limit welcome please.

·       It is simply not possible to hold music events for tens of thousands of attendees without creating some nuisance.  This nuisance will result from the noise of the performances, the egress of attendees en masse, the disruption caused by road closures and the Police helicopter monitoring the egress.

·       We already suffer a lot from the noise nuisance of the concerts, the anti-social nuisance of large  ...  view the full minutes text for item 2.

3.

Ma Dames, 58 Porchester Road, W2 6ET pdf icon PDF 5 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Bayswater

None*

Queensway and Bayswater **

Ma Dames,                58 Porchester Road,     W2 6ET

Temporary Event Notice

22/00354/LITENP

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB- COMMITTEE N0.3

(“The Committee”)

 

Thursday 27 January 2022

 

Membership:      Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow     and Councillor Aicha Less

 

Officer Support: Legal Adviser:        Viviene Walker

                          Policy Officer:         Kerry Simpkin

                          Committee Officer: Sarah Craddock

                          Presenting Officer: Roxsana Haq

                         

Application for a Temporary Event Notice in respect of Ma Dames 58 Porchester Road London W2 6ET 22/00354/LITENP

 

                                   

                                           FULL DECISION

 

Premises

 

Ma Dames

58 Porchester Road

London W2 6ET

 

Premises User

 

Miss Jennifer Cassandri

 

Ward

 

Bayswater

 

Cumulative Impact Zone

 

None 

 

Special Consideration Zone

 

Queensway and Bayswater

 

The Committee has considered objections from Environmental Health Service and the Metropolitan Police Service to a Temporary Event Notice (“TEN”) which been given by Miss Jennifer Cassandri (“The Applicant”) in relation to an event taking place on 30th January 2022 between the hours of 00:01 and 03:00 (“The Event”).

 

The Applicant is proposing to provide the sale of alcohol, the provision of regulated entertainment and late-night refreshment.

The Committee has considered the committee papers and the submission made by all the parties, both orally and in writing.  In reaching its decision the Committee has had regard to the relevant legislation, the Secretary of State’s Guidance (“The Guidance”) and the Authority’s Statement of Licensing Policy (“SLP”).

 

The Committee has decided, after taking into account all of the individual circumstances of this application, the prevention of public nuisance, crime and disorder and the protection of children from harm licensing objectives:

 

To issue a Counter Notice under section 105 of the Licensing Act 2003 for the event.  This notice means permission for the licensable activities requested in the Temporary Event Notice has not been approved.

 

 

                                SUBMISSIONS AND REASONS

 

Ms Roxsana Haq, the Presenting Officer, outlined the application.

 

Ms Soraya Zidoun on behalf of the Applicant stated that this was an application to hold a 40th birthday party for the wife of a regular client at the Premises.  She highlighted that it would be a private event held for friends and family and that they had held events for this particular client in the past with no issues occurring.  She explained that they would employ four to six SIAs who will help control the departure of the customers to prevent noise nuisance to residents.  She emphasised that this was not a ticketed event.  She further stated that the Premises had not accepted any private bookings since the 15 December 2021, to avoid trouble over the Christmas period and that the bills were now piling up which needed to be paid.  She mentioned that the Premises wished to convert into a comedy club but wanted to also keep their late-night licence to hold events for their regular customers only. 

 

Ms Zidoun explained that Ms Cassandra (the Applicant) was unable to be present at the hearing today as she had to travel to France to bury her father. She confirmed that she would be back in the UK by the date of the private event. She also confirmed, when questioned by the Sub-Committee that the  ...  view the full minutes text for item 3.