Agenda and minutes

To report any changes to the membership.

1.1           It was noted that Councillor Robert Eagleton had sent his apologies.

 

1.2           Nominations for the post of Chair were invited.  An nomination was received for Councillor Concia Albert.  There were no further nominations.

 

1.3           RESOLVED: That Councillor Concia be appointed Chair of the Licensing Sub Committee (3) for this meeting.

 

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.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	Chotto-Matte 11-13 Frith Street W1D 4RB	Premises Licence Variation	22/07519/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 20 October 2022 – Item 1

 

Membership:           Councillor Concia Albert (Chairman) and Councillor Caroline Sargent.

 

Officer Support:       Legal Adviser:                    Viviene Walker

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Roxanna Haq

 

Other Parties:          Mr Kurt Zdesar (Applicant), Mr Alun Thomas (Thomas and Thomas Partners, Solicitor representing the Applicant)

Mr Anil Drayan (Environmental Health Service),

Ms Karyn Abbott (Licensing Authority),

Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing Mr Mark Wallinger and Mr Mark Wallinger (local resident).

 

Application for a Variation of Premises Licence in respect of Chotto-Matte

11-13 Frith Street, London W1D 4RB - 22/07519/LIPV

 

Full Decision

 

Premises

 

Chotto-Matte

11-13 Frith Street

London W1D 4RB 

 

Applicant

 

NZR Limited

 

Ward

 

West End

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

N/A

 

Additional Activities and Hours applied for

 

Recorded Music

 

Mondays to Saturdays 10.00 to 01.30

Sundays 12.00 to 00.30

 

From the start time on New Year’s Eve until the finish time on New Year’s Day.

 

Summary of Application

 

This is an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a Peruvian and Japanese restaurant, grill and sushi bar. The Premises are located in the West End and in the West End Cumulative Impact Zone. 

 

There is a resident court of 104.

 

The application seeks the following:

 

1.     To vary the layout of the Premises and include a basement area. There are no changes to the existing permitted hours or the capacity of the Premises.

2.     Amend conditions 13 and 23 on the existing Premises Licence.

3.     Include recorded music on Monday to Saturday 10.00 to 01.30 and Sunday 12.00 to 00.30.

 

Representations received

 

Environmental Health Service (EHS) (Anil Drayan)

Licensing Authority (LA) (Karyn Abbott)

One Resident (Mark Wallinger)

 

Summary of issues raised by the objectors

 

EHS stated:

 

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

 

The Licensing Authority stated:

 

They have concerns on how the application will promote the licensing objectives:

Prevention of Public Nuisance

Public Safety

Prevention of Crime and Disorder

Protection of Children from Harm.

 

The Resident stated:

 

Noise from extractor, kitchen, steel gate/door, deliveries and refuse collection causes a nuisance.

 

Policy Position

 

HRS1

 

Applications for hours outside the core hours will be considered on their merits, subject to other relevant policies, and with particular regard to 1-14 page 62 of the Statement of Licensing Policy:

 

RNT1 (B)

 

Applications inside the West End Cumulative Impact Zone will generally be granted subject to:

 

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2. The hours for licensable activities are within the Council’s Core Hours Policy HRS1.

3. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.

4. The application and operation of the venue meeting the definition of a restaurant as per Clause C.

 

C.  ...  view the full minutes text for item 1.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	Lucore 44 Bruton Place W1J 6PB	New Premises Licence	22/07929/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

This application was Granted under Delegated Authority.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Regent’s Park   *  None   ** None	Marylebone Theatre Ground Floor 35 Park Road NW1 6XT	Premises Licence Variation	22/07446/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 20 October 2022 – Item 2

 

Membership:           Councillor Concia Albert (Chairman) and Councillor Caroline Sargent.

 

Officer Support:       Legal Adviser:                    Viviene Walker

                                Policy Officer:                     Kerry Simpkin

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Roxanna Haq

 

Other Parties:          Mr Owen Lloyd (Applicant, Theatre Manager), Mr Peter Mayhew (Licensing Agent, representing the Applicant) and

Mr Maxwell Koduah (Environmental Health Service)

 

Application for Variation of a Premises Licence in respect of Marylebone Theatre, Ground Floor, 35 Park Road, London NW1 6XT- 22/07446/LIPV

 

Full Decision

 

Premises

 

Marylebone Theatre

Ground Floor

35 Park Road

London NW1 6XT

 

Applicant

 

The Anthroposophical Association

 

Ward

 

Regents Park

 

Cumulative Impact Zone

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

 

 

 

Additional Activities and Hours applied for

 

1.     To permit the exhibition of films

 

Monday to Sunday 12.00 to 23.30 (Basement to third floor).

 

2.     To vary the start time for the provision of plays

 

 Monday to Sunday 12:00 to 00:00 (Basement to third floor).

 

3.     To permit the existing licensable activities and closing time

 to cover the basement to the third floor.

 

4.     To permit the sale of alcohol for consumption on the premises

 Monday to Sunday 11.30 to 23.00 (Basement to third floor).

 

5.     To remove and add conditions to promote the licensing objectives

 

6.     To amend the current approved plans.

 

Summary of Application

 

This is an application for a variation of Premises Licence under the Licensing Act 2003 (“The Act”). The premises operates as a theatre. 

 

There is a resident count of 212.   

 

The Premises are located in the Regents Park Ward but not in the Cumulative Impact Zone or Special Consideration Zone.

 

Representations received

 

Environmental Health Service (EHS) (Maxwell Koduah)

Three Residents objected to the application (one withdrew on 13 September 2022)

 

Summary of Objections

 

·       The application for plays, films and sale of alcohol would have the likely effect of causing an increase in Public Nuisance and affect Public Safety.  There is an increase in capacity from 264 to 320 (56).

·       The music is very loud at events on Sundays.

·       Playing music until 00.00 is unacceptable

 

 

 

 

 

Policy Position

 

HRS1

 

·       Applications within the core hours set out below in this policy will

generally, be granted for the relevant premises uses, subject to not

being contrary to other policies in the Statement of Licensing Policy.

 

The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

 

CCSOS1(A)

 

·       Applications outside the West End Cumulative Zones will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1 and the hours for licensable activities are within the Council’s Core Hours Policy HRS1.

 

·       Core Hours: Cinemas, Cultural Venues and Live Sporting Premises

Monday to Sunday: 9am to Midnight.

 

SUBMISSIONS AND REASONS

 

Ms Roxanna Haq, Senior Licensing Officer, outlined the application to the Sub-Committee. She  ...  view the full minutes text for item 3.