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.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Lancaster Gate   * None   ** None	Basement and Ground Floor 52 Queensway W2 3RY	New Premises Licence	22/11938/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

 

23 February 2023 – ITEM 1

 

Membership:Councillor Robert Eagleton (Chair), Councillor Concia Albert and Councillor Melvyn Caplan

 

Officer Support: Legal Adviser:         Viviene Walker

                           Policy Officer:         Daisy Gadd

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:            Emanuela Meloyan

 

Other parties present: Richard Brown (SEBRA), Sally Fabbricatore (Environmental Health Service), John Zamit (Bayswater Residents’ Association)

 

Application for a New Premises Licence in respect of Basement and Ground Floor 52 Queensway W2 3RY 22/11938/LIPN

 

 

                                                     Full Decision

 

Premises

 

Basement and Ground Floor

52 Queensway

London W2 3RY

 

Applicant

 

Mr Subramaniam Kamalanathan

 

Cumulative Impact Zone

 

None

 

Ward

 

Lancaster Gate

 

Special Consideration Zone

 

Queensway and Bayswater

 

 

 

 

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003. The premises propose to operate as a local convenience store.  The applicant has previously operated at 10 Queensway.

 

There is a resident count of 325.

 

Representations received

 

•        Metropolitan Police (PC Tom Stewart)

•        Environmental Health (Sally Fabbricatore)

•        3 Ward Councillors (Councillors Jude, Ormsby, Cunningham)

•        2 Residents association (South-East Bayswater Residents Association and Bayswater Residents Association)

•        2 Local residents

 

Summary of issues raised by objectors

 

The Metropolitan Police Service and Environmental Health Service raised concerns that if granted, this licence could increase crime and disorder in the area.  The Responsible Authorities have proposed conditions which have been agreed with the applicant. The Ward Councillors also objected grounds of increase crime and disorder. The South-East Bayswater Residents Association raised a specific point about a lack of clarity on arrangements for Bank Holidays. The Bayswater Residents Association objected and supported all points raised by the South-East Bayswater Residents Association. The local residents objected on the grounds that the application would increase anti-social behaviour in the area.

 

Policy Position

 

SCZ1

 

Applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

HRS1

 

Applications within the core hours set out 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.

 

SHP1

 

Applications for a shop outside 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 having taken account of the Special Consideration Zone Policy SCZ1.

 

SUBMISSIONS AND REASONS

 

Ms Emanuela Meloyan, Senior Licensing Officer, summarised the application set out in the report before the Sub-Committee.  She advised that the premises were located within the Lancaster Gate Ward and are within Queensway and Bayswater Special Consideration Zone, but not within the Cumulative Impact Zone. Four representations were withdrawn following the applicant’s agreement to the proposed conditions.

 

The applicant, Mr Subramaniam Kamalanathan, introduced  ...  view the full minutes text for item 1.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * West End   ** None	Wok and Fire 33 Haymarket SW1Y 4HA	New Premises Licence	22/11862/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

 

23 February 2023 – ITEM 2

 

Membership:Councillor Robert Eagleton (Chair), Councillor Concia Albert and

Councillor Melvyn Caplan

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Daisy Gadd

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:       Emanuela Meloyan

 

 

Other parties present: Siraf Mohammed (Applicant), David Dadds (Dadds LLP Licensing Solicitors), Sally Fabbricatore (Environmental Health Service),

Kevin Jackaman (The Licensing Authority) PC Steve Muldoon (Metropolitan Police Service)

 

Application for a New Premises Licence in respect of Wok and Fire 33 Haymarket SW1Y 4HA 22/11862/LIPN

 

 

 

                                                     Full Decision

 

Premises

 

Wok and Fire

33 Haymarket

London SW1Y 4HA

 

Applicant

 

WK Piccadilly Limited

 

Ward

 

St James’s

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone

 

None.

 

 

 

 

 

Summary of Application

 

The is an application for a new Premises Licence application.  The premises proposed to operate as a noodle restaurant and takeaway.

 

There is a resident count of 31.

 

 

Representations received

 

•        Metropolitan Police (PC Dave Morgan)

•        Environmental Health (Sally Fabbricatore)

•        Licensing Authority (Kevin Jackaman)

 

 

 

Summary of issues raised by objectors

 

The Responsible Authorities raised concerns about undermining of all the Licensing Objectives and made specific reference to the fact that this venue is within the West End Cumulative Impact Zone and that the provision of late-night refreshment at the hours sought may cause an increase in public nuisance and may impact on public safety.  The premises would become a focal point for late night revellers who may have been consuming alcohol.

 

 

Policy Position

 

CIP1

 

It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for fast food premises, other than applications to:

1.  Vary the hours within Core Hours under HRS1, and or

2.  Vary the licence to reduce the overall capacity of the premises.

Applications for other premises types within the West End Cumulative Impact Zone will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.

 

 

HRS1

 

Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies and with regard to the demonstration of compliance in the requirements of Policies CD1, PS1, PN1 and CH1.

 

FFP1

 

It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for fast food premises, other than applications to:

1.  Vary the hours within Core Hours under HRS1, and or

2.  Vary the licence to reduce the overall capacity of the premises.

 

 

SUBMISSIONS AND REASONS

 

Ms Emanuela Meloyan, Senior Licensing Officer, presented the report that was before the Sub-Committee, she noted that representations had been received from the Metropolitan Police Service, Licensing Authority and Environmental Health Service.  The Premises are located in St. James’s Ward and are within the West End Cumulative Impact Zone.

 

Mr David Dadds, solicitor for the applicant addressed the Sub-Committee, he advised that the conditions proposed by Environmental Health Service and the Metropolitan Police had been agreed and the applicant understood that  ...  view the full minutes text for item 2.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   **	Simmons 11 Woodstock Street W1C 2AE	Premises Licence Review	22/11955/LIREVP
*Cumulative Impact Area ** Special Consideration Zone: N/A

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3

(“The Committee”)

 

Thursday 23 February 2023

          

Membership:      Councillor Robert Eagleton (Chair) Councillor Concia Albert and Councillor Melvyn Caplan

 

Officer Support:   Legal Advisers:            Viviene Walker and Heidi                                                                                         Titcombe (Principal Solicitor)       

                            Committee Officer:       Jack Robinson-Young

                            Presenting Officer:       Emanuela Meloyan

 

Application for a Review of Premises Licence in respect of Simmons, 11 Woodstock Street, London, W1C 2AE (“the Premises) 22/11955/LIREVP

                                            FULL DECISION

 

Applicants for the Review

Mr Marco Toschetti and Mr Federico Bixio represented by Mr Richard Brown of Citizens Advice Westminster.  Both Applicants attended the hearing, but Mr Bixio attended virtually.

Premises Licence Holder (“PLH”)

Simmons Covent Garden Limited represented by Mr Gary Grant of Counsel.  He was accompanied by Mr James Daglish and Mr Niall McCann (Keystone Law), Mr Nick Campbell, Chief Executive and founder of the Applicant Company and Mr Richard Vivian of Big Sky Acoustics.

Other Parties Present at the hearing

Mr Ian Watson of the Environmental Health Service, who was accompanied by Mr Martin Tuohy and Mr Dave Nevitt of the Council.

Current Licensable Activities and Hours on the Premises Licence are as follows:

LateNight Refreshment

Mondayto Sunday:                                  23:00to 00:30

Non-standardTimings:                            New Year'sEve until01:30

 

Saleby Retailof Alcohol (both on and off the Premises)

Mondayto Saturday:                               10:00to 00:00

Sunday:                                                   12:00to 23:30

Sundaysbefore BankHolidays:               12:00to 00:00

Non-standardTimings:                             NewYear's Eveuntil 01:30

Opening Hours
Monday to Saturday:                               10:00 to 00:30

Sunday:                                                   12:00 to 00:30

         

Summary of Application

 

1.     This is an application for a Review of the Premises Licence of the premises known as Simmons, situate at 11 Woodstock Street, London, W1C 2AE (“the Premises”) under the Licensing Act 2003 (“The Act”).   The Review was requested by two local residents on the grounds that the Premises are undermining the Prevention of Public Nuisance licensing objective as music and vibrations was escaping into their homes from the Premises.  Noise was also being created by customers outside the Premises.

2.     Mr Richard Brown confirmed the Applicants were asking the Committee:-
(i) to remove the deregulation exemption provided under Section 177A of the Act so that,
(2) any existing conditions on the Licence in relation to the playing of music shall have legal effect and,
(3) to add five additional conditions on the Licence and to amend conditions 12 (noise/vibration)[1] and 28[2] (noise limiter) of the existing Licence to address the concerns raised in the review.

3.     S.177A of the Act provides that the playing of recorded music between the hours of 08:00 and 23:00 is not regarded as a “licensable activity” where patrons are limited to 500 persons.  Consequently, this Premises were able to play recorded music without having specific permission to play recorded music on their Licence.  If they wanted to play recorded music outside these hours, they would need permission to do so.

4.     The Premises operate as a cocktail bar and are situated within the West End Ward but are not located in the  ...  view the full minutes text for item 3.