Agenda and minutes

Burger & Lobster, W London Leicester Square, 10 Wardour Street, W1

16/03578/LIPN

1.

Late Night Refreshment (Indoors & Outdoors)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee initially heard from Ms Le Fevre, representing the Applicant.  She referred Members of the Sub-Committee to the written ‘skeleton argument’ that she had provided on behalf of her client and was included in the report.  She emphasised that the premises are part of the W Hotel (Burger & Lobster is located in the mezzanine and ground floor areas where Spice Market had previously traded) and are currently licensed under the licence held by W Leicester Square Ltd (15/101063/LIPVM) for the Hotel.  Burger and Lobster had been trading there for the past five weeks without any issues having been raised.  Ms Le Fevre also provided the background information that Burger and Lobster is a food driven chain with a number of premises in the UK (including London) and the US.

Ms Le Fevre stated that she had anticipated that Members might have some concerns about a secondary licence at the premises.   A condition was being offered that ‘the applicant will accept a condition that the premises licence, if granted, will not be transferred to or traded by any legal or natural person saving B&L and/or any genuine successor/ancillary company’.  She made the case for the application being an exception to policy in the West End Cumulative Impact Area, including that the existing licence for the Hotel was able to open to the public 24 hours a day, the primary function of the premises was as a restaurant and there were notable differences in some of the licensable activities and hours being sought in comparison to the Hotel licence, including regulated entertainment not being applied for.

In response to the Sub-Committee regarding potential outside use of tables and chairs, Ms Le Fevre and Mr O’Maoileoin replied that they had previously been located outside but there were none there currently.  It was the intention of the Applicant to submit a revised application for a ‘tables and chairs’ licence (which required planning consent) for Lisle Street and Wardour Street with 27 tables and 56 chairs.  This would be until 23:00 which had been the same as for Spice Market.  The original application for the ‘tables and chairs’ licence submitted by the Applicant which had included windbreakers and more tables and chairs than would be sought in the revised application was likely to be withdrawn.  

The Sub-Committee was  ...  view the full minutes text for item 3.

Queen’s Ice Bowl, 17 Queensway, W2

16/05320/LIPV

The application was Granted under Delegated Authority as all representations had been withdrawn.

40 Chepstow Road, W2 – Temporary Event Notice

16/07785/LITENN

Proposed licensable activities: The sale by retail of alcohol (On and Off sales) and late night refreshment.

Times during the proposed event period when it is proposed to carry on licensable activities: 08:00 to 00:00 on 27 August 2016, 08:00 to 00:00 on 28 August 2016 and 08:00 to 00:00 on 29 August 2016.

Decision (including reasons if different from those set out in report):

A Temporary Event Notice (‘TEN’) was submitted seeking on and off sales of alcohol and the provision of late night refreshment from 08:00 to midnight on 27, 28 and 29 August.  The Premises User and his partner, the premises owner, advised the Sub-Committee during the hearing that they would like to modify the TEN as they wished to sell alcohol, soft drinks and water (the alcohol would include rum punch and cans of beer) from midday until 20:00 on Sunday 28 August and Monday 29 August when the Notting Hill Carnival was taking place.   They were no longer seeking on and off sales on Saturday 27 August.  These items would be sold on the raised patio area outside the house (but inside the railings) to a maximum of 8 to 10 people at any one time rather than the 100 sought in the original notice.  The Premises User informed the Sub-Committee that they had sold alcohol during the Carnival in 2015.

PC Janes addressed the Sub-Committee.  He stated that the Police were objecting to the TEN on the grounds that the Notice undermined the prevention of crime and disorder licensing objective.  The Police particularly had concerns regarding alcohol being sold from residential premises during the Carnival.  PC Janes commented that there had been an increase in crime year on year which was directly related to the Carnival and the sale of alcohol at this location would exacerbate the situation.  No undertakings had been agreed between the Police and the Premises User.  He did not understand why the TEN submitted by the Premises User in 2015 had not come before the Sub-Committee as his records had shown that the Police had objected.    There was no clear evidence that the licensing objectives had been undermined as a result of the sale of alcohol at 40 Chepstow Road in 2015 but then it was not known exactly where the patrons purchasing alcohol went afterwards.  PC Janes made the point that whilst the Premises User’s amended hours were now more in keeping with the licensed premises in the Notting Hill area during the Carnival, they tended to close at 19:00 rather than 20:00.

In response to questions from the Sub-Committee, the  ...  view the full minutes text for item 5.

40 Leamington Road Villas, W11 – Temporary Event Notice

16/07781/LITENP

Proposed licensable activities: The sale by retail of alcohol (On & Off sales)

Times during the proposed event period when it is proposed to carry on licensable activities: 12:00 to 19:00 on 28 August 2016 and 12:00 to 19:00 on 29 August 2016

Decision (including reasons if different from those set out in report):

The Sub-Committee heard from Ms Angella Akabah on behalf of her mother, Mrs Mabel Akabah, the Premises User and joint owner of 40 Leamington Road Villas.  She stated that it was the family’s intention to sell beer, soft drinks and water in a stall located in front of the house at 40 Leamington Road Villas on 28 and 29 August 2016 when the Notting Hill Carnival takes place. She had advised in her written submission that the public can ‘only gain access to the area serving alcohol from the front of the house as there are walls at either side of the property’.

AngellaAkabah informed Members that the family had sold alcohol during the Carnival in 2014.  In response to a question from the Sub-Committee, she explained that as in 2014 a Challenge 25 proof of age scheme would be in place if the Sub-Committee was minded to permit the Temporary Event Notice (‘TEN’).  She holds a personal licence to sell alcohol and the family had not sought to sell alcohol during the Carnival in 2015 as she had not been in the area at the time.  Angella Akabah had set out in her written submission that ‘beverage stocks will be kept inside the property and brought out to the table as required to ensure there are not large amounts of drinks on display outside the property at any one time.  The team managing the sale of beverages will be in front of and behind the table. Those at the front will be able to manage an orderly queue and check the suitability & indeed 'state' of customers wishing to be served (i.e. age verification & state of intoxication)’.

The Members of the Sub-Committee noted that 6 assurances had been offered in an email from Angella Akabah dated 10 August 2016. Whilst these were not enforceable and not part of the formal notice they did nevertheless set out how the event would be run and would therefore be taken into consideration.

1 - A personal license holder (Angella Akabah) will be present and on the premises at all times during the hours permitted to supply alcohol.

2 -  A 'Challenge 25' proof of age scheme will  ...  view the full minutes text for item 6.