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 changes to the membership.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Vincent Square   *  None   ** None	Townhouse 129 Victoria Street SW1E 6RD	New Premises Licence	23/07941/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3 

(“The Committee”) 

 

Thursday 8 February 2024 

 

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

 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Kerry Simpkin 

Committee Officer:   Jonathan Deacon      

Presenting Officer:   Kevin Jackaman 

 

 

Others present:       Mr Thomas O’Maoileoin (Thomas and Thomas, representing the Applicant) and Mr Ed Hiley (Director, Applicant Company)

 

Application for a New Premises Licence in respect of Townhouse, 129 Victoria Street, London, SW1E 6RD

 

FULL DECISION 

 

 

 

Premises

 

Townhouse

129 Victoria Street

London SW1E 6RD

 

Applicant

 

Townhouse Group Ltd

 

Cumulative Impact Area

 

None

 

Special Consideration Zone

 

None

 

Ward

 

Vincent Square

 

 

 

 

Summary of Application 

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The applicant proposes to operate the premises as a nail and beauty salon. 

 

Representations Received 

 

·        Environmental Health (withdrawn 4 December 2023 following agreed conditions)

·        One local resident

 

Summary of Issues Raised by Objectors 

 

Local Resident

·        The area already has many bars and an alcohol problem. The rear of the property is used to enter and leave, and granting the licence would increase the noise level and the risk of anti-social behaviour.

 

Submissions

 

1. The Presenting Officer, Kevin Jackaman, introduced the application.  He confirmed that following the withdrawal of Environmental Health’s representation, there was one remaining representation from a local resident and she was not in attendance at the hearing.

 

2. Mr Thomas O’Maoileoin, representing the Applicant, outlined the application.  He mentioned steps which the Applicant had taken to address the initial concerns of the local resident.  In addition to limiting on-sales of alcohol to 21:00 hours every night of the week with the premises closing by 21:30, these included proposing additional conditions which prohibited customers from ever using the rear door on Horwick Place, except in an emergency. Conditions prohibiting collections or deliveries or the moving of waste between 21:30 and 08:00 the following day had also been offered.

 

3. Mr O’Maoileoin stated that there were three Townhouse premises already licensed for alcohol within Westminster’s jurisdiction.  Two of these had recently been granted but one had been granted in 2018 in Great Portland Street and had operated without issues.

 

4. Mr O’Maoileoin confirmed that the nail and beauty salon in Victoria Street was already open without alcohol currently being sold. The maximum capacity as set out in a proposed condition was 25 people.

 

5. Mr O’Maoileoin referred to the nail and beauty salon business and the proposed conditions being in keeping with the Council’s Shops Policy, SHP1.  He quoted sections of F144 and F145 of the Statement of Licensing Policy that ‘The Licensing Authority is keen to support shops who wish to offer ancillary licensable activities to the main purpose of their shop’ and ‘Common examples of a premises that would be considered under this policy will include traditional off licences, speciality stores, supermarkets, department stores, general stores, boutique, outlets, delicatessens, butchers, grocers, hairdressers, massage parlours, or anything of a similar nature where the primary use is the purchase of goods by customers  ...  view the full minutes text for item 1.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	61 Kingly Street W1B 5QL	New Premises Licence	23/08418/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3 

(“The Committee”) 

 

Thursday 8 February 2024 

 

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

 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Kerry Simpkin 

Committee Officer:   Jonathan Deacon      

Presenting Officer:   Kevin Jackaman 

 

 

Others present:       Others present: Mrs Arlene Auf Der Mauer (ADM Training Services, representing the Applicant), Mr Samirkumar Natvarbhai Patel (Applicant), Ms Roxsana Haq (The Licensing Authority), Mr Anil Drayan (Environmental Health Service), PC Adam Deweltz (Metropolitan Police Service), Mr Richard Brown, Licensing Advice Project (representing The Soho Society) and 2 local residents (on behalf of The Soho Society).

 

 

Application for a New Premises Licence in respect of 61 Kingly Street, London, W1B 5QL

 

FULL DECISION 

 

 

 

Premises

 

61 Kingly Street

London

W1B 5QL

 

Applicant

 

Mr Samirkumar Natvarbhai Patel

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

None

 

 

 

Ward

 

West End

 

Summary of Application 

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The premises intends to operate as a convenience store.  

 

Representations Received 

 

·        The Licensing Authority

·        Environmental Health Service

·        Metropolitan Police Service

·        The Soho Society

 

Summary of Issues Raised by Objectors 

 

Licensing Authority

·        The hours applied for are outside Westminster’s Core Hours for off-licences. The applicant has a history of non-compliance at the Premises, and the licence was surrendered following several breaches of the licence witnessed by the MPS. The application would adversely impact on Cumulative Impact.

 

Environmental Health Service

·        The proposal may adversely impact on Public Nuisance and the Protection of Children from Harm. Inadequate conditions have been provided.

 

Metropolitan Police Service

·        The application if granted would undermine the licensing objectives of the Prevention of Crime and Disorder, the Prevention of Public Nuisance and the Protection of Children from Harm. It would also adversely affect cumulative impact. The applicant has a history of non-compliance and has failed to show how he would promote the licensing objectives.

 

The Soho Society

·        There are already too many shops selling alcohol in Soho. The onus is on the applicant to demonstrate that they will not increase cumulative impact and will promote the licensing objectives.

 

Submissions

 

1. The Presenting Officer, Kevin Jackaman, introduced the application.

 

2. Mrs Auf Der Mauer, representing the Applicant, addressed the Sub-Committee.  She stated that she did not wish to defend the previous transgressions at the premises when her client had previously been permitted to sell alcohol for consumption off the premises.  She had spoken with the Applicant and emphasised that conditions on the premises licence needed to be adhered to by all employees at the store and that her client was responsible even if he was not the salesperson making the error.

 

3. Mrs Auf Der Mauer asked for some clemency from the Sub-Committee and explained that she would support her client in monitoring that the conditions were being correctly complied with.  She had explained the importance of the licensing objectives to the running of the business.  She added that the Applicant accepted the Police’s proposed conditions, in the event that  ...  view the full minutes text for item 2.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	Shakespeare’s Head Public House 29 Great Marlborough Street W1F 7HZ	Premises Licence Variation	23/07875/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3 

(“The Committee”) 

 

Thursday 8 February 2024 

 

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

 

Officer Support:         Legal Adviser:       Michael Feeney 

Policy Officer:      Kerry Simpkin 

Committee Officer:      Jonathan Deacon      

Presenting Officer:      Kevin Jackaman 

 

 

Others present:       Mr Ewen Macgregor (TLT Solicitors, representing the Applicant), Mr Russell Newby (Business Development Manager, Applicant Company), Mr Danylo Pereira Iamaguchi (Designated Premises Supervisor), Mr Richard Brown, Licensing Advice Project (representing The Soho Society) and 2 local residents (on behalf of The Soho Society).

 

Application for Variation of a Premises Licence in respect of Shakespeare’s Head Public House

 

FULL DECISION 

 

Premises

 

Shakespeare’s Head Public House

29 Great Marlborough Street

London

W1F 7HZ

 

Applicant

 

Spirit Pub Company (Services) Limited

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

None

 

Ward

 

West End

 

Summary of Application 

 

The Sub-Committee has determined an application for Variation of a Premises Licence under the Licensing Act 2003. The application was to remove all existing conditions and replace them with a new operating schedule of conditions.

 

Representations Received 

 

·        Licensing Authority (withdrawn 26 January 2024 following reduction in hours applied for)

·        Environmental Health (withdrawn 6 February 2024 following agreed conditions)

·        The Soho Society

 

Summary of Issues Raised by Objectors 

 

The Soho Society 

·        Objection to application to extend the hours to 10am on Sundays. The onus is on the Applicant to demonstrate they will not increase cumulative impact and will promote the licensing objectives. An increase in hours would fail to promote the licensing objectives and would increase cumulative impact.

 

Submissions

 

1. The Presenting Officer, Kevin Jackaman, introduced the application. 

 

2. Mr Macgregor, representing the Applicant, explained that there were two significant aspects to the application.  In relation to the first aspect, the earlier commencement hour on Sundays for live music, anything similar to live/recorded music and sale of alcohol, this was now being withdrawn and the Applicant was no longer seeking to vary the hours.  The commencement hour would be midday on Sundays as currently permitted on the premises licence. 

 

3. Mr Macgregor referred to the premises licence being granted on conversion in 2005 and made the point that the conditions had not been updated since then.  For the second aspect of the application, it was proposed to remove specific conditions, notably Condition 10 on the existing licence which required alcohol to be ancillary to a table meal for the final hour of trading.  There were also new conditions being proposed.

 

4. Members of the Sub-Committee were advised by Mr Macgregor that the DPS, Mr Iamaguchi, had realised that the premises had not been operating in accordance with Condition 10 which had not previously been picked up by his predecessors.  He added that it had not been raised as an issue by the Responsible Authorities.  Mr Iamaguchi had discussed the matter with the Police when he had become aware of the error and the Applicant had been operating in accordance with the condition since the error had been identified.

 

5. Mr Macgregor stated that a schedule of conditions  ...  view the full minutes text for item 3.