Agenda and draft minutes

Licensing Sub-Committee (5) - Thursday 20th October, 2016 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership.

2.

Declarations of Interest

To receive declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

Minutes:

In respect of San Carlo Fumo, Basement and Ground Floor, 37 St Martin’s Lane, WC2, Councillor Louise Hyams declared that the premises are located within the Ward she represents, St James’s Ward.  She stated that she was able to consider the application with an open mind and had no connections with anyone involved with the application.

3.

72 Pimlico Road, SW1 pdf icon PDF 6 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Churchill Ward / not in cumulative impact area

72 Pimlico Road, SW1

New

16/09132/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

72 Pimlico Road, SW1

16/09132/LIPN

 

 

The application was granted under delegated powers as all representations had been withdrawn.

 

 

4.

The Takeover, Basement, 12-13 Greek Street, W1 pdf icon PDF 3 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area

The Takeover, Basement, 12-13 Greek Street, W1

New

16/08347/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

                                                                                    

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:  Nick Nelson

 

Relevant Representations:  Environmental Health, Metropolitan Police, landlord of the premises and 1 local resident.

 

Present:    Mr Graham Hopkins (Licensing Consultant, representing the Applicant), Mr Nathan Lowry (Applicant and owner of business), Mr Oscar Flohr (General Manager), Mr Anil Drayan (Environmental Health “EH”), PC Sandy Russell (Metropolitan Police the “Police”), Ms Saba Naqshbandi (Counsel, representing the landlord, Soho Estates), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – on behalf of Ms Christie Tucker) and Ms Christie Tucker (local resident).

 

Declaration: Councillor Louise Hyams declared that she knows a number of representatives of Soho Estates in her capacity as a councillor.

 

The Takeover Basement 12-13 Greek Street W1

16/08347/LIPN

 

1.

Recorded Music (Indoors)

 

 

Unrestricted (Monday to Sunday 00:00 to 00:00).

 

 

 

Amendments to application advised at hearing:

 

 

The Sub-Committee was informed that the application was now time limited so that it was proposed to run until 6 January 2017.

 

 

 

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

 

 

Mr Nelson, the Presenting Officer and Mr Hopkins, the Applicant’s Representative advised the Sub-Committee that  the Applicant was seeking a time limited premises licence until 6 January 2017 when the lease the tenant had with the landlord, Soho Estates (“SE”), was due to expire.  The Applicant had agreed conditions proposed by Environmental Health and Ms Tucker, a local resident.

Mr Hopkins explained that SE had requested as a result of the lease expiring that the Applicant applied for a ‘shadow’ licence which mirrored the hours and the conditions of the primary licence for the basement area held by SE.  This had previously operated as Miabella London. The Sub-Committee noted that this licence had been suspended since September 2015 for non-payment of the annual fee but was still in existence. The Applicant would not be operating a licence held by SE.  The Applicant had offered a condition that in the event of him ceasing to trade at the premises the licence would not be transferred to any third party.  Mr Hopkins referred to the fact that there were already two licences for the premises as SE had been granted a secondary licence in May 2014.  He expressed the view that as the application was for a premises licence which mirrored that of the Miabella licence, it was in keeping with the terms of the ‘Extreme Oyster’ judgement and should be granted accordingly.

 

Mr Hopkins stated that the Applicant wished to operate The Takeover as an event space with corporate events and product launches.  The premises would not open to the general public, attendance would be via booking and a guest list would be kept as a requirement.  The venue had 60 seats, a dance floor and small events bar.  There would be sales at the premises of high end wines, premium Craft beers and niche  ...  view the full minutes text for item 4.

5.

Tops Pizza, Ground Floor, 8 Great Western Road, W9 pdf icon PDF 1 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Harrow Road Ward / not in cumulative impact area

Tops Pizza, Ground Floor, 8 Great Western Road, W9

Variation

16/08964/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

                                                                                    

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:  Nick Nelson

 

Relevant Representation: Environmental Health.

 

Present:    Mr Anthony Baptiste (Agent, representing the Applicant), Mr Pejman Eftekhari (Applicant) and Mr Anil Drayan (Environmental Health).

 

Tops Pizza, Ground Floor, 8 Great Western Road, W9

16/08964/LIPV

 

1.

Late Night Refreshment (Indoors and Outdoors)

 

 

Current Hours

 

Monday to Sunday 23:00 to 00:00

Proposed Hours

 

Monday to Wednesday: 23:00 to 01:00

Thursday to Saturday: 23:00 to 02:00

Sunday: 23:00 to 01:00

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

Mr Nelson, introducing the report and Mr Baptiste, representing the Applicant confirmed that the Police had withdrawn their representation.  The Police had agreed a condition with the Applicant that after midnight no customers would be permitted on the premises and all sales would be via delivery only.  The Police and the Applicant had also agreed a reduction in the terminal hours for the delivery aspect of the application.  It was clarified during the hearing that this was from Monday to Thursday 23:00 to 02:00 and Friday to Saturday 23:00 to 03:00 to Monday to Wednesday 23:00 to 01:00 and Thursday to Saturday: 23:00 to 02:00.  A local resident had withdrawn his representation following amendments to the application, including that there would be no late night refreshment to people attending the premises until after midnight.    The remaining representation was from Environmental Health.

 

Mr Baptiste stated that he acknowledged that the hours his client was seeking for late night refreshment were beyond the Council’s Core Hours policy.  However, he believed that as it had been agreed with the Police that beyond Core Hours sales of hot food or hot drink would be via delivery only, the impact of the operation would not be overly significant.  Mr Baptiste referred to the premises not being in the Council’s designated cumulative impact areas.  He also provided reasons as to why it was felt that the application promoted the licensing objectives, including an upgraded CCTV system being implemented during the last couple of months promoting the prevention of crime and disorder licensing objective.  Mr Baptiste accepted on behalf of his client that there had been issues with delivery drivers loitering immediately outside the premises which had been referred to in Environmental Health’s written representation.  However, he added the Applicant had now introduced a management plan which would prevent this happening in the future.  The Applicant had agreed a condition with the Police that a notice would be displayed by the front door stating the restaurant opening hours and that all orders after midnight would need to be phoned through and be sent by home delivery only.  Mr Baptiste made the point that the front door would be locked and that at midnight an opaque blind would be drawn which would cover the length and width of both  ...  view the full minutes text for item 5.

6.

Clarette, 44 Blandford Street, W1 pdf icon PDF 4 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Marylebone High Street Ward / not in cumulative impact area

Clarette, 44 Blandford Street, W1

Variation

16/09186/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

                                                                                    

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:  Nick Nelson

 

Relevant Representations: 1 local resident.

 

Present:    Mr Jack Spiegler (Solicitor, representing the Applicant) and Ms Natsuko Perromat du Marais (Applicant Company).

 

Clarette, 44 Blandford Street, W1

16/09186/LIPV

 

1.

The application is to permit structural alterations at the premises. The proposed works include the following:

 

• Relocation of the kitchen to the basement and general refurbishment rearrangement of back of house areas, including third floor staff facilities;

• Addition of female toilet in the basement;

• Inclusion of external area in ambit of licence;

• Resizing of ground floor bar servery;

• Addition of a bar counter on first floor in former kitchen area;

• Addition of the second floor front room to the licensed area;

• Relocation of customer toilets from first to second floor;

• General refurbishment of the premises to include new electrical wiring, emergency arrangements, CCTV etc.

 

No change is proposed to the conditions and permitted hours of the licence, save the addition of model conditions consistent with the pre-application report sought in advance of this application.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

44 Blandford Street was previously the Lincoln Inn and it operated as a public house.  The licence had been transferred to the Applicants in July 2016 and Ms Perromat du Marais advised that she and her business partner are proposing to operate the premises as a high quality bar with a particularly varied wine list.  Food would be provided to complement it.

 

Mr Spiegler, representing the Applicant, placed emphasis on the fact that the existing premises licence was quite unrestricted in terms of capacity and conditions.  It authorised licensable activities across the ground and first floors.  The current application included the proposed extension of the licensable area to the exterior forecourt of the ground floor and also a small private dining room on the second floor.  Mr Spiegler made the point that off-sales were permitted on the private forecourt as a result of the existing licence.  He believed it would be of benefit for residents and enforcement officers to include the private forecourt within the licensable area.  He also stated that there were no residents above the second floor where the dining room was located.  Mr Spiegler added that his clients had proposed additional conditions for the application.  Pre-application advice had been obtained from Environmental Health.  There had been no representations from the Responsible Authorities. 

 

Mr Spiegler advised the Sub-Committee that the Applicants would be keeping the lines of communication open with Ms Johnstone, the local resident who had objected to the application and would take on board her views.  It was the Applicants’ understanding that the local resident had no objections to them running the premises.  The concerns were that the premises would be  ...  view the full minutes text for item 6.

7.

San Carlo Fumo, Basement And Ground Floor, 37 St Martin's Lane, WC2 pdf icon PDF 3 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

St James’s Ward / West End Cumulative Impact Area

San Carlo Fumo, Basement And Ground Floor, 37 St Martin's Lane, WC2

Variation

16/07372/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

                                                                                    

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:  Nick Nelson

 

Relevant Representations: Environmental Health and Metropolitan Police.

 

Present:    Mr Anthony Lyons (Solicitor, representing the Applicant), Mr Dave Nevitt (Environmental Health) and PC Michael Day (Metropolitan Police.

 

Declaration:    Councillor Louise Hyams declared that San Carlo Fumo in St Martin’s Lane is located within the Ward she represents, St James’s Ward.  She stated that she was able to consider the application with an open mind and had no connections with anyone involved with the application.

 

San Carlo Fumo, Basement And Ground Floor, 37 St Martin’s Lane, WC2

16/07372/LIPV

 

1.

Vary, add or amend conditions

 

 

1. Replace condition 9(iv) with the following:

 

'where, in the area hatched yellow on the attached plan, intoxicating liquor shall not be sold, supplied or consumed on the premises other than to persons who are bona fide taking substantial table meals and provided always that the consumption of intoxicating liquor by such persons is ancillary to taking such meals.'

 

2. Remove condition 10 as this refers to a historic plan.

 

3. Add the following additional conditions:

 

(i)         There shall be no sales of draught beer on the premises.

(ii)        In the area on the plan attached to the licence where alcohol need not be ancillary to food, complimentary stuzzichini shall be available to customers at all times.

 

4. To amend condition 11 to read:

 

‘The number of persons permitted on the premises at any one time (excluding staff) shall not exceed 134 persons’.

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee initially heard from Mr Lyons, representing the Applicant.  He was asked whether he had any objection to Councillor Hyams sitting at the hearing as the Council’s Rules of Procedure states that Members will ‘not normally’ consider applications in their own ward.  Mr Lyons replied that he had no objection to Councillor Hyams sitting.

 

Mr Lyons stated that Carlo Distefano, his client, is a restaurateur and owns the family business, San Carlo.  The selection of Italian restaurants he owns in London in addition to 37 St Martin’s Lane, include Chicchetti establishments at 215 Piccadilly and 30 Wellington Street and Signor Sassi in Knightsbridge Green.  There were a number of other San Carlo premises elsewhere in the country including Fumo premises in Manchester and Birmingham and also around the world.

 

Mr Lyons explained that the Applicant was proposing to have a bar area within the restaurant where alcohol was not ancillary to food and up to seven people could be seated.  He was also hopeful that the Sub-Committee would permit up to five people standing in this area.  Mr Lyons commented that he appreciated that this was contrary to the Council’s policy as San Carlo Fumo is located in the West End Cumulative Impact Area.  It was the Applicant’s  ...  view the full minutes text for item 7.

8.

Christie's, 8 King Street, Covent Garden, SW1 pdf icon PDF 12 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

St James’s Ward / not in cumulative impact area

Christie's, 8 King Street, Covent Garden, SW1

Variation

16/08818/LIPV

 

 

 

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

Christie’s, 8 King Street, Covent Garden, SW1

16/09132/LIPN

 

 

The application was granted under delegated powers as all representations had been withdrawn.

 

 

9.

The Waldorf Hilton, Aldwych, WC2 pdf icon PDF 3 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

7.

West End Ward / West End Cumulative Impact Area

The Waldorf Hilton, Aldwych, WC2

Temporary Event Notice

16/11040/LITENP

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

The Waldorf Hilton, Aldwych, WC2

16/11040/LITENP

 

 

The Police and Environmental Health had originally objected to a Temporary Event Notice for an event at the premises on 27 October 2016.  However, their concerns were addressed and they withdrew their representations prior to the hearing.

 

 

 

10.

Takeover, Basement, 12-13 Greek Street, W1 pdf icon PDF 3 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

8.

West End Ward / West End Cumulative Impact Area

Takeover, Basement, 12-13 Greek Street, W1

Temporary Event Notice

16/10943/LITENP

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 20th October 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

                                                                                    

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:  Nick Nelson

 

Present:    Mr Graham Hopkins (Licensing Consultant, representing the Premises User), Mr Oscar Flohr (Premises User), Mr Nathan Lowry (Owner of business), Mr Anil Drayan (Environmental Health) and PC Sandy Russell (Metropolitan Police).

 

The Takeover, Basement, 12-13 Greek Street, W1

16/10943/LITENP

 

 

The Applicant had submitted a Temporary Event Notice for sale by retail of alcohol (on sales), provision of regulated entertainment and provision of late night refreshment until 03:30 on 27-29 October.  The Police and Environmental Health had objected.  Following a time limited application for the premises (16/08347/LIPN) having been granted until 6 January 2017 with hours which mirrored those of the landlord’s premises licence, the Applicant withdrew the Temporary Event Notice.