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Agenda and minutes

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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.  Councillor Murad Gassanly did not consider the application for Studio 88, 47 Whitcomb Street, WC2 as the application had been part heard on 3 October 2017 and he had not been a Member of the Sub-Committee at that meeting.

2.

Declarations of Interest

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

Minutes:

There were no declarations of interest

3.

Studio 88, 47 Whitcomb Street, WC2 pdf icon PDF 3 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

St James’s Ward / West End Cumulative Impact Area

Studio 88, 47 Whitcomb Street, WC2

New Premises Licence

17/08880/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Monday 30th October 2017

 

Membership:              Councillor Peter Freeman (Chairman) and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health, Metropolitan Police and Licensing Authority.

 

Present:  Ms Suzanne Davies (Solicitor, Representing the Applicant), Mr Alan Lorrimer (Managing Director and Founder, Applicant Company), Mr Tristan Moffat (Operations Director), Mr Dave Nevitt (Environmental Health), PC Toby Janes (Metropolitan Police) and Mr David Sycamore (Licensing Authority).

 

Studio 88, 47 Whitcomb Street, WC2H 7DH (“The Premises”)

17/08880/LIPN

 

1.

Films (Indoors)

 

 

Monday to Tuesday 10:00 to 01:00

Wednesday 10:00 to 02:00

Thursday to Saturday 10:00 to 03:00

Sunday 12:00 to 22:30.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The application was originally part heard on 3 October 2017 by the same two Members of the Licensing Sub-Committee, Councillor Freeman and Councillor Scarborough. It was proposed that the Premises would operate as a venue providing live music, dancing and private hire facilities.  The capacity would be 400 people excluding staff with licensable activities being sought until 01:00 Monday and Tuesday, 02:00 on Wednesday, 03:00 Thursday to Saturday and 22:30 on Sunday.  An additional 30 minutes was sought in respect of the closing time. 

 

The hearing had been adjourned to give the Applicant an opportunity to produce more specific proposals to demonstrate that the Premises would be entertainment and food led.  The Sub-Committee had noted at the previous hearing that the Applicant was proposing a venue with a large capacity until beyond Core Hours in the West End Cumulative Impact Area.  The Applicant had been advised that whilst the Council’s Statement of Licensing Policy did refer to that there should be greater diversity in the types of entertainment and cultural activity on offer and that a live music venue would potentially fit within this category, Policy MD2 in the Council’s Statement of Licensing Policy applied.  It is the Licensing Authority’s policy in respect of MD2 to refuse applications for the Provision of music and dancing or similar entertainment or the provision of facilities for music and dancing or similar entertainment within the Cumulative Impact Areas, other than applications to vary hours within Core Hours.

 

The Sub-Committee was addressed by Ms Davies at the hearing on 30 October 2017.  She spoke about the style of the operation.  The Premises would open to the public at 17:00 hours with two piano vocalists taking requests from the pre-theatre audience.  They would be joined by two guitarists, a drummer and a horn player who play non-stop live music until closing time. Ms Davies clarified that the Applicant would employ up to 17 musicians every evening and that the additional musicians would join the piano vocalists at 20:00.  These were amendments to the document which had been submitted by the Applicant and had been included in the report.

 

Ms Davies made the point that the Premises did not directly fit any of the Council’s  ...  view the full minutes text for item 3.

4.

9 Halkin Street, SW1 pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Knightsbridge And Belgravia Ward / not in cumulative impact area

9 Halkin Street, SW1

New Premises Licence

17/09853/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Monday 30th October 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Murad Gassanly and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health.

 

Present:  Mr Thomas O’Maoileoin (Solicitor, Representing the Applicant), Mr David Balden (Club Secretary) and Mr Dave Nevitt (Environmental Health).

 

9 Halkin Street, London, SW1 7DR (“The Premises”)

17/09853/LIPN

 

1.

Regulated entertainment (Exhibition of films, Performance of live music, Performance of a Play, Indoor sporting activities, Performance of Dance, Playing of Recorded Music (Indoors)

 

 

Monday to Sunday 07:00 to 01:00.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr O’Maoileoin, representing the Applicant.  He explained that The Caledonian Club is a private members’ club currently operating under a club premises certificate.  The application was for the Premises to continue to be run as a members’ club, with the same hours (until 01:00 every day of the week) and activities.  However, it would operate under a premises licence so as to permit private functions for non-members to take place at the Premises. 

 

Mr O’Maoileoin stated that there had been a number of enquiries received by the Club over the years from non-members for private functions.  These were particularly for wedding functions as the Premises has a marriage licence and also for corporate functions, with a significant number being from companies who have a historical link with Scotland.  He advised that the Club was similar to some other private members’ clubs which were often quiet during the summer months.  It was submitted that the Applicant saw a window of opportunity during this time to hold three or four weddings during the summer period if the application was granted.

 

Mr O’Maoileoin described the likely corporate events as being either cultural relating to Scottish heritage or arts or for events to companies based in the City.  He referred to the fact that many of the banking/insurance fraternity has links to Scotland.  There were membership links already with the chairman and directors in these professions and the Caledonian Club.  However, the application would provide greater flexibility for the Applicant’s business model.

 

Mr O’Maoileoin made the point that there were limited conditions on the club premises licence and the conditions being offered would bring tighter controls.  The conditions offered by the Applicant included that licensable activities would only be available to members of the Caledonian Club, their bona fide guests or those attending a pre-booked private function.  He said it was the intention of the Applicant to remain first and foremost a private members’ club and members’ functions would take priority over non-members’ requested functions.  Any pre-booked private function would be vetted by the Committee and Club Secretary of the Committee, Mr Balden.  A proposed condition had been agreed between the Applicant and Environmental Health regarding the capacity.  Mr O’Maoileoin added that it was not envisaged that there would be more than one  ...  view the full minutes text for item 4.

5.

19 Ganton Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

19 Ganton Street, W1

Variation of a Premises Licence

17/09470/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Monday 30th October 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Murad Gassanly and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Licensing Authority.

 

Present:  Mr Alun Thomas (Solicitor, Representing the Applicant), Mr Rory Buck (Director) and Mr David Sycamore (Licensing Authority).

 

19 Ganton Street, London, W1F 9BN (“The Premises”)

17/0470/LIPV

 

1.

To amend condition

 

 

From

 

Condition 17 on the existing premises licence – ‘The number of persons permitted on the premises at any one time (excluding staff) shall not exceed 60 persons’.

To

 

The number of persons permitted on the premises at any one time (excluding staff) shall not exceed 70 persons.

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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 landlords, Shaftesbury, had strict requirements of their tenants in terms of meeting the licensing objectives.  Shaftesbury had onsite security and CCTV in Ganton Street.  The change of layout had not received any objections.  There had been no objections from residents to the increase to the internal capacity from 60 covers to 70.  The one representation had been received from the Licensing Authority on the grounds that there were an additional ten people in the West End Cumulative Impact Area.  He added that it was a question of whether ten additional diners would add to cumulative impact.  There was no requirement for the Applicant to prove an exception to policy.  The Council’s policy referred to restaurants not being associated with crime and disorder.

 

Mr Thomas mentioned that there was no increase in the proposed hours in respect of licensable activities or the opening hours.  The hours for licensable activities were within Core Hours with an additional half an hour in respect of the closing time.  An existing premises covering 19 Ganton Street had been divided into two and the restaurant had retained the closing time of one half of the Premises.  He also advised that the Premises would remain as a restaurant and be compliant with the Council’s Policy RNT2.  He believed it was inconceivable that the application would lead to customers having an adverse impact.  The proposal to increase the capacity had resulted from improved use of space.

 

Mr Sycamore on behalf of the Licensing Authority confirmed that the representation was due to the ten additional people in the West End Cumulative Impact Area.  Mr Thomas had commented that the restaurant had not opened as yet (it was due to open later that day with Environmental Health inspecting the Premises) and Mr Sycamore said that had the capacity not previously been set then it could have been argued that a 70 seat restaurant would not have been noticed in comparison to a 60 seat restaurant.

 

The Sub-Committee appreciated that the Licensing Authority had maintained their representation as it is the Council’s policy for restaurants within the cumulative impact areas (RNT2)  ...  view the full minutes text for item 5.