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 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representations had been withdrawn.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 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 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 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 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 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 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 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.
|
|