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.
West End   *  None   ** None	Mr Foggs Apothecary Basement 34 Brook Street Mayfair W1K 3DN	Premises Licence Variation	23/09083/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3 

(“The Committee”)? 

? 

Thursday 29 February 2024? 

? 

Membership:?             Councillor Robert Eagleton (Chair) 

Councillor Ed Pitt Ford 

Councillor Judith Southern 

? 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Aaron Hardy 

Committee Officer:   Steve Clarke 

Presenting Officer:   Roxsana Haq 

? 

Other Parties:             Gary Grant (Applicant’s Counsel) 

Charlie Gilkes (Co-Founder Brook Street Bar Limited) 

Duncan Sterling (Co-Founder Brook Street Bar Limited) 

Maxwell Koduah (Environmental Health Service) 

Judy Kuttner (Interested Party) 

Richard Brown (on behalf of Judy Kuttner and Mike Dunn) 

? 

Application for a Variation of a Premises Licence in respect of Mr Foggs Apothecary, Basement, 34 Brook Street, Mayfair, W1K 3DN (23/09083/LIPV) 

? 

FULL DECISION 

 

Case Summary 

 

This is an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises operates as a themed bar / public house. 

 

The application proposes to vary the wording of conditions 37, 42 and 43, details of which can be seen in section 1D of the officer’s report. 

 

The premises has had the benefit of a premises licence since 2022. The current premises licence (24/00115/LIPDPS) and licence history can be viewed at Appendix 3 of the officer’s report. 

 

The Premises is located within the West End Ward but does not fall within either the West End CIZ or any Special Consideration Zone.

 

There is a resident count of 23. 

 

Representations were received from the Environmental Health Service, and 3 Interested Parties citing concerns regarding public nuisance and public safety. Subsequently to the publication of the Sub-Committee agenda, one of the representations received from Interested Parties was withdrawn. 

 

Premises 

 

Mr Foggs Apothecary 

Basement 34 Brook Street 

Mayfair 

W1K 3DN 

 

Applicant? 

? 

Brook Street Bar Limited 

? 

Cumulative Impact Area? 

? 

None 

? 

Special Consideration Zone? 

? 

None 

? 

Ward? 

? 

West End 

 

 

Variations to the Licence Applied For 

 

Condition	Proposed Variation
37.  There shall be no admittance or re-admittance to the premises after midnight (00.00 hours) except for patrons permitted to temporarily leave the premises (e.g. to smoke, make a phone call).	37.  There shall be no admittance or re-admittance to the premises after 01.00 hours except for patrons permitted to temporarily leave the premises (e.g. to smoke, make a phone call).
42.  SIA licensed door supervisors, (the number to be calculated by way of a written risk assessment), shall be on duty from 18:00 at the premises whilst it is open for business, and they must correctly display their SIA licence(s) when on duty so as to be visible. A copy of the written risk assessment is to be made available to the Metropolitan Police and/or the Licensing Authority on request.	42.  SIA licensed door supervisor(s), (the number to be calculated by way of a written risk assessment), shall be on duty from 18:00 (when required) at the premises whilst it is open for business, and they must correctly display their SIA licence(s) when on duty so as to be visible. A copy of the written risk assessment is to be made available to the Metropolitan Police and/or the Licensing Authority on request.  ...  view the full minutes text for item 1.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** Mayfair	Jeru 11 Berkeley Street W1J 8DS	Premises Licence Variation	23/09171/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3 

(“The Committee”)? 

? 

Thursday 29 February 2024? 

? 

Membership:?             Councillor Robert Eagleton (Chair) 

Councillor Ed Pitt Ford 

Councillor Judith Southern 

? 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Aaron Hardy 

Committee Officer:   Steve Clarke 

Presenting Officer:   Roxsana Haq 

? 

Other Parties:             Craig Bayless (Keystone Law - Applicant’s Agent) 

Corey Lane (Operations Director – 11 Berkeley Street Limited) 

Maxwell Koduah (Environmental Health Service) 

Richard Brown (Interested Party) 

? 

Application for a Variation of a Premises Licence in respect of Jeru, 11 Berkeley Street, W1J 8DS (23/09171/LIPV) 

 

FULL DECISION 

 

Case Summary 

 

This is an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The premises operates as a restaurant with ancillary bar and  

bakery/patisserie. 

 

The application seeks the following: 

 

·        To extend the terminal hour for licensable activities to midnight Sunday to Wednesday and to 01.00 on Thursday. 

·        To vary condition 50 and 51 as shown in section 1-D of the officer’s report. 

 

The premises has had the benefit of premises licence since 2016 which is still in place (22/07913/LIPRW). A new premises licence was granted in 2021, however, it was surrendered in November 2023 (23/04503/LIPDPS). A new premises licence was granted in September 2023 (23/03922/LIPN) and is proposed to be varied as part of this application. A copy of the full premises and Temporary Event Notice history can be found at Appendix 3 to the officer’s report. 

 

The Premises is located within the West End Ward and falls within the Mayfair Special Consideration Zone. The Premises does not fall within any cumulative impact area.

 

There is a resident count of 49. 

 

Representations were received from the Environmental Health Service, and 3 Interested Parties citing concerns regarding public nuisance and public safety. 

 

Premises 

 

Jeru 

11 Berkeley Street 

London 

W1J 8DS 

 

Applicant? 

? 

11 Berkeley Street Limited 

? 

Cumulative Impact Area? 

? 

None 

? 

Special Consideration Zone? 

? 

Mayfair Special Consideration Zone 

? 

Ward? 

? 

West End 

 

Representations Received? 

? 

·        Environmental Health Service (Maxwell Koduah) 

·        Mike Dunn, Mayfair W1K 

·        17 Berkeley Street Residents Association 

·        Bill Way, Mayfair W1J 

? 

Policy Considerations 

 

Policies HRS1, RNT1 and SCZ1 apply under the City Council’s Statement of Licensing Policy (“SLP”). 

 

Policy HRS1 

 

A.    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. 

 

B.    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 particular regard to the following: 

1.     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. 

2.     If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation. 

3.  ...  view the full minutes text for item 2.

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	House of Cans Ground Floor Front 12 D’Arblay Street W1F 8DU	New Premises Licence	23/08735/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3 

(“The Committee”)? 

? 

Thursday 29 February 2024? 

? 

Membership:?             Councillor Robert Eagleton (Chair) 

Councillor Ed Pitt Ford 

Councillor Judith Southern 

? 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Aaron Hardy 

Committee Officer:   Steve Clarke 

Presenting Officer:   Roxsana Haq 

? 

Other Parties:             Marcus Lavelle (Keystone Law - Applicant’s Agent) 

James Bowthorpe (Co-Founder and Creative Director – House of Cans Limited) 

Adrian Studd (Expert Witness) 

Richard Brown, Marina Tempia and Wendy Monkhouse on behalf of the Soho Society

? 

Application for a New Premises Licence in respect of House of Cans, Ground Floor Front, 12 D’Arblay Street, W1F8DU (23/08735/LIPN) 

 

FULL DECISION 

 

Case Summary 

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The premises will operate primarily as a specialist, can-only off-licence focussed on premium, small-batch produced beers, wine, cider, cocktails and soft drinks. 

 

This is a new premises licence application and therefore no premises licence history exists. 

 

The Premises is located within the West End Ward and falls within the West End cumulative impact area. Following consultation, the applicant has reduced the applied for terminal hour for the sale of alcohol and the closing time from 23:00 to 21:00. The hours as now applied for are set out at section 1-B of the officer’s report.

 

There is a resident count of 44. 

 

Representations were originally received from the Environmental Health Service, the Licensing Authority, the Metropolitan Police and 1 Interested Party citing concerns regarding promoting the core Licensing Objectives and the impact the premises may have on the West End cumulative impact area. Following the reduction of the applied for terminal hour for the sale of alcohol and the closing time from 23:00 to 21:00, the Environmental Health Service, the Licensing Authority and the Metropolitan Police withdrew their representations. 

 

Premises 

 

House of Cans 

Ground Floor Front 

12 D'Arblay Street 

London 

W1F 8DU 

 

Applicant? 

? 

House of Cans Limited 

? 

Cumulative Impact Area? 

? 

West End 

? 

Special Consideration Zone? 

? 

None 

? 

Ward? 

? 

West End 

 

Representations Received? 

? 

·        Environmental Health Service (Kudzaishe Mondhlani) – Withdrawn 26 February 2024. 

·        Licensing Authority (Karyn Abbott) - Withdrawn 26 February 2024. 

·        Metropolitan Police Service (Reaz Guerra) - Withdrawn 28 February 2024. 

·        Soho Society 

? 

Policy Considerations 

 

Policies HRS1, CIP1 and SHP1(B) apply under the City Council’s Statement of Licensing Policy (“SLP”). 

 

Policy HRS1 

 

A.    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. 

 

B.    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 particular regard to the following: 

1.     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. 

2.     If the application is  ...  view the full minutes text for item 3.