Agenda and minutes

Ivy Soho Brasserie, 26-28 Broadwick Street, W1

16/13443/LIPV

1.

Condition being varied

Amendments to application advised at hearing:

During the hearing, the Applicant agreed a proposed amendment to condition 11 on the existing premises licence so that alcohol would be ancillary to substantial table meals, save for 50% of customers sat at the bar up to a maximum of 9 persons being able to consume alcohol without the requirement to take a substantial table meal up until 22:00 hours. (See decision below).

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

The Sub-Committee heard from Mr Walsh, representing the Applicant.  Mr Walsh advised that the Applicant Company, Troia (UK) Restaurants Ltd is part of the Caprice Holdings and The Birley Group.  Ivy Soho Brasserie would be the flagship premises in the Ivy Collection of restaurants.  The premises would be run to the highest standards.

Mr Walsh referred to The Ivy Market Grill at 1A Henrietta Street permitting the sale of alcohol for up  ...  view the full minutes text for item 3.

Jack Wills, Basement to First Floor, 6 Foubert’s Place, W1

16/13472/LIPN

1.

Sale by retail of alcohol (On)

Amendments to application advised at hearing:

During the hearing Mr Thomas proposed the condition that save for private events, the sale of alcohol would commence at 17:00.

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

The Sub-Committee heard from Mr Thomas, representing the Applicant.  He stated that the intention of the application was to sell alcohol at the premises which at all times would be ancillary to the main use of the premises as a retail shop for limited hours at the flagship store.  He explained that this was required for private shopper events or whilst the shop opened to the public, including being available to those waiting whilst others were shopping.  Ms Hamp informed the Sub-Committee that the company had decided to apply for on-sales in response to a request from the landlord to provide an improved customer experience.  It was felt that the addition of the licensable activity would result in customers being likely to stay longer in the store.

MsHamp stated that the store opened at 10:00.  The counter/bar was located in the back section on the ground floor.  It was proposed that coffee would be provided during the day.  The counter/bar had been designed so that behind it there was a cabinet where some alcohol would be displayed.  The alcohol would not be on display all the time.  It was intended that alcohol would be on display from 17:00.  This area would look like a coffee servery until then.  There would not be any draught beer sold.

MsHamp and Mr Thomas wished to refute that the premises would become a bar or a pub.  They made the point that it would remain a Jack Wills store with women’s clothing on the ground floor and men’s clothing on the first floor.  It was estimated that alcohol would be approximately 1% of the sales at the premises and this made it ‘virtually de minimis’.  Mr Thomas referred to the proposed conditions that the sale of alcohol on the premises would at all times be ancillary to the main use of the premises as the Jack Wills Limited retail shop and that the licensed  ...  view the full minutes text for item 4.

Le Bijou, 12-14 Lodge Road, NW8

16/10939/LIPN

1.

Late Night Refreshment (Indoors and Outdoors)

Amendments to application advised at hearing:

Members of the Sub-Committee were informed prior to the hearing that the Applicant had reduced the terminal hour to 01:00 following correspondence with Environmental Health.  Licensable activities were no longer sought on Mondays. The Applicant had also agreed conditions proposed by Environmental Health that there shall be no take away after 23:00 and late night refreshment after 24:00 shall be restricted to hot drinks only.

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

The Sub-Committee initially heard from Mr Jaoude that the premises operated as a coffee shop in the morning, serving English  breakfast from 08:00 and as a shisha bar from approximately 15:30 onwards.  The Applicant wished to offer customers the option of having tea and coffee with their shisha and had applied for late night refreshment from 23:00.  There would be no sales of alcohol.

The Sub-Committee was addressed by Mr Nevitt on behalf of the Council’s Environmental Health department.  Mr Nevitt stated that the main purpose of the application was to provide late night refreshment to benefit customers who were sitting outside at the front of the Premises.  There was residential accommodation above (the Applicant had suggested that these were short term lets and there had not been any representations from residents) and in close proximity to the café.  Mr Nevitt explained to the Sub-Committee that a contentious aspect of the application was that the amended terminal hour of 01:00 for late night refreshment was beyond the Council’s Core Hours policy and it was for activities outside the premises.  The use of outside areas was often curtailed to 23:00 and Environmental Health looked to minimise the impact on local residents and prevent public nuisance.

Mr Nevitt referred to the proposed conditions agreed with the Applicant.  Mr Nevitt made the point that customers were able to smoke shisha outside and consume cold drinks without any restrictions in terms of hours and without the premises needing to be licensed.  This was how Le Bijou was currently operating.  Mr Nevitt informed the Sub-Committee that the Council’s Noise Team had not received any complaints relating to the outside use during the previous two years.  He did not believe that there had been any issues since the premises had changed hands (Mr Jaoude stated that this had been three years ago)

Mr Nevitt commented that it did make it more attractive for customers to remain outside if they had the option of a tea or coffee with their shisha, including during the cooler months. It  ...  view the full minutes text for item 5.

Ichi Buns, 22A Wardour Street, W1

16/12567/LIPN

1.

Late Night Refreshment (Indoors & Outdoors) – Ground Floor & Basement

Amendments to application advised at hearing:

None.

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

As a preliminary matter, the Chairman wanted it recorded that he had had a discussion with Mr Thomas who was representing the Applicant prior to the hearing and had politely requested that if possible Mr Thomas proceed with the application as swiftly as was possible given that Members of the Sub-Committee were pressed for time.  Mr Thomas informed the Sub-Committee that he also had an engagement that he needed to attend that evening and was content to proceed with his submissions as swiftly as possible. 

This is an application for a new premises licence.  As explained by Ms Anand-Patel and by Mr Thomas during the hearing, under an existing premises licence, the Applicant is able to provide late night refreshment, including takeaway, on the ground floor and basement until 04:00.  The Applicant is also able to sell alcohol on the ground floor and basement until midnight.  The Applicant applied for an additional two hours for the sale of alcohol until 02:00 on the ground floor and basement with a two hour reduction on those floors for late night refreshment both indoors and outdoors.  The terminal hour for late night refreshment would also therefore be 02:00 on the ground floor and basement.  There were no proposed changes to the hours on the first floor.

Mr Thomas emphasised that the proposed extension of alcohol was ancillary to food whilst the hours for takeaway were being reduced.  He referred to policy 2.4.7 of the Council’s Statement of Licensing Policy (“SLP”) which states that an example of circumstances where applications might be granted as an exception to policy is a ‘substitution of existing licensable activity at the premises with licensable activities which would have less impact on the area and would be more likely to further the licensing objectives’.  He was not convinced that he was required to demonstrate that the application was an exception to policy on the grounds that the application did not involve bar use.  He commented that there was more benefit from a restaurant with a terminal hour of 02:00 than a takeaway with a terminal hour of 04:00.  He believed there was more likelihood of customers seeking a takeaway after 02:00 committing a crime or being a victim of crime.

The Sub-Committee heard from Mr Nevitt on behalf of the Council’s Environmental Health department.  He made the point that the Sub-Committee had granted applications for  ...  view the full minutes text for item 6.

Chutney Mary, 72-73 St James’s Street, SW1

To consider granting authority to settle an appeal arising from the Licensing Sub-Committee decision of 19 May 2016.

RESOLVED: That under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the public be excluded from the meeting for the following item of business on the grounds that the public interest in the hearing taking place in private outweighs the public interest in that part of the meeting taking place in public.

Decision:

That, having regard to the officer’s report, authority be given to settle the appeal on the basis set out in the report.