Agenda and minutes
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Contact: Sarah Craddock, Committee and Councillor Co-ordinator Email: scraddock@westminster.gov.uk Tel: 07790980186
Media
No. | Item |
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Membership To report any changes to the membership. Minutes: 1.1 It was noted that there were no changes to the membership. |
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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 It was noted that there were no declarations of interest. |
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Block Soho, 2 St Anne's Court, W1F 0AZ PDF 14 MB Additional documents:
Minutes: The Sub Committee noted that the Applicant had withdrawn their Application. |
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Burger and Lobster, 29 Clarges Street, W1J 7EF PDF 2 MB Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3 (“The Committee”)
Thursday 22 June 2023
Membership: Councillor Robert Eagleton (Chair) Councillor Concia Albert Councillor Louise Hyams
Application for a Variation of Premises Licence in respect of Burger & Lobster 29 Clarges Street London W1J 7EF 23/02196/LIPV
Full Decision
Premises
Burger & Lobster 29 Clarges Street London W1J 7EF
Premises Licence Holder
Burger & Lobster Restaurant Group Ltd(“PLH”)
Cumulative Impact Area
None
Ward
West End
Special Consideration Zone
None
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises under the Licensing Act 2003 (“The Act”) in respect of Burger & Lobster 29 Clarges Street London W1J 7EF (“The Premises”). The Premises operates as a restaurant. Burger & Lobster Restaurant Group Ltd are the Premises Licence Holder (“PLH”).
The Premises had the benefit of a premises licence from 2005 until the licence was surrendered in 2007. A new premises licence was granted in 2009. The current premises licence (17/06132/LIPDPS) can be viewed at Appendix 2 of the agenda report along with the history which appears at Appendix 3.
The Premises are located within the West End Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies. There is no policy presumption to refuse the application, provided the PLH can demonstrate that the application will not undermine the licensing objectives.
The Variation seeks the following:
• To amend conditions 9, 10 and 11 on the existing premises licence. Full details can be seen at 1-D and Appendix 4 and are detailed below:-
Condition 9 reads:
No drinks shall be consumed outside the premises nor glasses/bottles removed from the premises by patrons when leaving.
Condition 10 reads:
No tables and chairs for public use shall be provided outside the premises.
Condition 11 reads:
All windows and external doors shall be kept closed except for the immediate access and egress of persons.
Representations were received from the Environmental Health Service (EHS) and 5 residents.These objections cite public nuisance and public safety issues.
There is a resident count of 99.
Representations Received
· Environmental Health Service (Anil Drayan) · Nick Galea, 23 17 Clarges Street London · Rupert Sword Flat 19 17 Clarges Street London · Dr S Purna and Dr L S Spedding Flat 15 17 Clarges Street W1J 8AE · Fiona Chong Clarges Street London · Gloria Brunner on behalf of Joilta Sacks 17 Clarges Street London
Summary of issues raised by objectors
· The proposed amendment to condition nine may lead to an increase in Public Nuisance in the area. The proposed amendment to condition 10 may lead to an increase in Public Nuisance in the area. The proposed amendment to condition 11 may lead to an increase in Public Nuisance in the area. · Noise and Nuisance: The operation of a restaurant with tables on the pavement may result in increased noise levels, especially during peak hours. This could disturb the peace and tranquility of the local residential and commercial areas, negatively impacting the quality of life for nearby residents and businesses. Impact on Public ... view the full minutes text for item 2. |
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Carlotta, 77 Marylebone High Street, W1U 5JX PDF 935 KB Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3 (“The Committee”)
Thursday 22 June 2023
Membership: Councillor Robert Eagleton (Chair) Councillor Concia Albert Councillor Louise Hyams
Application for a Variation of Premises Licence in respect of Carlotta 77 Marylebone High Street London W1U 5JX 23/02328/LIPV
Full Decision
Premises
Carlotta 77 Marylebone High Street London W1U 5JX
Premises Licence Holder
Big Mamma Holdings Limited (“PLH”)
Cumulative Impact Area
None
Ward
Marylebone
Special Consideration Zone
None
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises under the Licensing Act 2003 (“The Act”) in respect of Carlotta 77 Marylebone High Street London W1U 5JX (“The Premises”). The Premises operates as a high-end Italian restaurant and was granted a Premises Licence in September 2022 under licensing reference 23/0287/LIPRW. Big Mamma Holdings Limited are the Premises Licence Holder (“PLH”). The PLH is returning to the Sub-Committee as their initial application did not grant Westminster’s core hours. The PLH is therefore seeking to extend opening hours and the terminal hour for the Supply of Alcohol both ‘On’ and ‘Off’ the Premises Monday to Thursday from 23:00 hours to 23:30 hours, Friday and Saturday from 23:00 to 00:00 and Sundays from 22:00 to 22:30 hour. The activities and hours are as per the Premises Licence.
The Premises are located within the Marylebone Ward but not located within the West End Cumulative Impact Zone or any Special Consideration Zone. There is no policy presumption to refuse the application. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives
Representations were received from the Environmental Health Service (EHS) (withdrawn) and the Local Ward Councillors. These objections cite public nuisance issues.
There is a resident count of 249.
Representations received
· Environmental Health Service (Kudzaishe Mondhlani) (Withdrawn) · Councillor Karen Scarborough
Summary of issues raised by objectors
· An increase of hours for the supply of alcohol will have the likely effect of causing an increase in Public Nuisance. The application will be assessed upon a site visit and additional EH conditions may be proposed to uphold the licensing objectives. After being satisfied with the application Environmental Health withdrew their objection on 11th May 2023. · On behalf of the Marylebone Ward Councillors, I am writing to object to the proposed variation, as it will not support the Licensing Objectives, namely Prevention of Public Nuisance & Safety, Crime and Disorder and Protection of Children from Harm. This is a new business to Marylebone and now a softly softly "creep" in hours as they have only recently applied for and been granted a new premises licence and therefore have no track record of operating in this area which is highly residential. In fact, it is very disappointing that in spite of them liaising with Marylebone Councillors on their initial application and that they accepted the conditions and hours that were proposed to protect our resident, they are now seeking a variation. Therefore, we object ... view the full minutes text for item 3. |