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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.

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.

Le Bab, 4 Mercer Walk, 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

Le Bab, 4 Mercer Walk, WC2

New Premises Licence

17/14879/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 15 February 2018

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Heather Acton and Councillor Shamim Talukder

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health, Licensing Authority and 16 x residents/residents’ associations.

 

Present:  Ms Bo-Eun Jung (Counsel, representing the Applicant), Ms Liza Inzani (Solicitor, on behalf of the Applicant), Mr Edward Brunet (Director and Co-Founder of Applicant Company), Mr Stephen Tozer (Co-Founder of Applicant Company), Mr Ian Watson (Environmental Health), Mr David Sycamore (Licensing Authority), Mr David Kaner (Covent Garden Community Association, representing 4 residents), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, on behalf of Covent Garden Community Association), Ms Amanda Rigby (Ching Court Association) and Ms J Havers (local resident).

 

Le Bab, 4 Mercer Walk, WC2

17/14879/LIPN (“The Premises”)

 

1.

Late Night Refreshment (Indoors and Outdoors)

 

 

Monday to Thursday:                            23:00 to 23:30

Friday to Saturday:                               23:00 to 00:00

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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


 

 

 

The Sub-Committee heard from Ms Jung, representing the Applicant.  She stated that Le Bab was not a typical kebab premises.  It elevated kebab cuisine to fine dining.  The menu had been designed by a Michelin trained chef and was accompanied by a drinks menu including fine wine, cocktails and craft beers.

 

Ms Jung drew the Sub-Committee’s attention to the Applicant having operated a similar premises in Kingly Court since January 2016.  It had been operated in a similar fashion except that at the Mercer Walk premises there would be the addition of a Chef’s Table.  The Chef’s Table would enable up to 10 people to book a 7 course tasting menu.  The Chef would explain each dish as it is being cooked.  The price for the food was around £75 and additional wines from around £45.  Ms Jung added there were no reported issues at the Kingly Court premises.

 

Ms Jung explained that Le Bab was one of eight retail units in a new development.  It operated on the ground floor and basement areas of the Premises.  There was no outside seating area.  The sole entrance and exit was on to Mercer Walk.  There was a public piazza which linked Mercer Walk with Langley Street.

 

Ms Jung spoke of a robust management policy having been put in place by the landlord, The Mercers’ Company.  She requested that a letter from the landlord which referred to their security arrangements was permitted to be seen and considered by the Sub-Committee.  It had not been circulated earlier because it had been received after the deadline set out in the Council’s Rules of Procedure and the requirements of the Licensing Act 2003 (Hearings) Regulations 2005 (“The Regulations”).  The Sub-Committee, having received legal advice, asked the objectors whether they were content for the late evidence to be submitted.  The objectors were content for this to take place. On that basis the Sub-Committee exercised its discretion under the  ...  view the full minutes text for item 3.

4.

Boxcar Butchers Ltd, 7A Wyndham Place, W1 pdf icon PDF 587 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Bryanston and Dorset Square Ward / not in cumulative impact area

Boxcar Butchers Ltd, 7A Wyndham Place, W1

New Premises Licence

17/14687/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 15 February 2018

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Heather Acton and Councillor Shamim Talukder

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         6 x residents.

 

Present:  Mr Niall McCann (Solicitor, representing the Applicant), Mr Ricky Williams (Managing Director and Proposed Designated Premises Supervisor), Mr Ian Watson (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr John Fyfe), Mr John Fyfe, Mr John Barham, Mr Tony Frazer-Price and Ms Gwendoline Murray (local residents).

 

Boxcar Butchers Ltd, 7A Wyndham Place, W1

17/14687/LIPN (“The Premises”)

 

1.

Late Night Refreshment (Indoors)

 

 

Friday to Saturday:                               23:00 to 23:30

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr McCann, representing the Applicant.  He stated that the provisional name for the Premises would be Boxcar Visions.  The concept was that the Premises would be a delicatessen with a limited number of seats for consumption of food and drink inside the Premises and in the outside area.  The alcohol offer would comprise wine and Craft beer and the food would include cheese, bread, sandwiches, salads.  The Premises has an A1 planning use so there was a restriction in terms of what food could be prepared on site.  It was stated that no primary cooking would be permitted on the Premises.

 

Mr McCann advised the Sub-Committee that the outside area in Crawford Street is part of the demise of the Premises.  It was not public highway.  The Sub-Committee was advised that a property licence with conditions had been agreed between Portman Estate, the landlord and the Applicant to use this area.  Inside the Premises there was a range of produce on a large table, including charcuterie.  There would be shelves for provisions including milk, tea, coffee and eggs.  There would be seating and stools on the ground floor.  A decision was yet to be made as to whether there would be a table and two stools/chairs underneath the stairs in the basement.

 

Mr McCann referred to the representations received in relation to the application.  Proposed conditions in the event the Sub-Committee was minded to grant the application had been agreed with the Metropolitan Police and they had subsequently withdrawn their representation.  Proposed conditions had also been agreed with Environmental Health save for one condition that outside of the operating hours alcohol should be secured in a locked store room or behind locked grilles.  This had now been replaced with a condition agreed between the Applicant and Environmental Health that ‘all tills shall automatically prompt staff to refuse an alcohol sale outside the hours permitted for the supply of alcohol’.  Mr McCann added that the tills at the delicatessen were programmed so that they did not permit the Applicant to sell alcohol outside of the permitted hours.

 

In terms of the residents’ representations, Mr McCann identified that one of the key concerns was the  ...  view the full minutes text for item 4.

5.

Sweaty Betty, 1-2 Carnaby Street, W1 pdf icon PDF 725 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

Sweaty Betty, 1-2 Carnaby Street, W1

New Premises Licence

17/14852/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 15 February 2018

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Heather Acton and Councillor Shamim Talukder

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Licensing Authority, 1 Ward Councillor and 3 x residents/residents’ associations.

 

Present:  Mr Alun Thomas (Solicitor, representing the Applicant), Ms Georgie Snelling (Senior Retail Operations Manager, Applicant Company), Mr David Sycamore (Licensing Authority) and Mr David Gleeson (The Soho Society).

 

Sweaty Betty, 1-2 Carnaby Street, W1

17/14852/LIPN (“The Premises”)

 

1.

Sale by retail of alcohol (On)

 

 

Monday to Saturday:                                          10:00 to 20:00

Sunday:                                                              12:00 to 20:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Sub-Committee heard from Mr Thomas and Ms Snelling.  They stated that Sweaty Betty had been operating at 1-2 Carnaby Street for 15 years. Sweaty Betty is a retailer specialising in women’s activewear.  There is an exercise studio in the basement, a retail shop on the ground floor and a café and blow dry salon on the first floor area of the Premises.  On sales were sought for the first floor café only where customers were seated.  It was submitted that due to the configuration of the Premises it was not possible to obtain the sale of alcohol directly from the street. 

 

Residents’ representations had referred to the sale of alcohol being at odds with the Applicant promoting a healthy lifestyle.  The Applicant wished to address this specific point.  Ms Snelling stated that the concept was that customers might want to do an energetic workout and then have the ability to enjoy a cocktail (there were a maximum of four types sold), a glass of red or white wine or a glass of champagne.  The cocktails on offer would include Quinoa vodka which was based around healthy eating and would resemble more of a smoothie type drink.  Drinking would be encouraged in moderation.  Alcohol sales would be estimated to be around one or two per cent of the turnover.  Mr Thomas commented that the health aspect was not a matter for the Sub-Committee to consider as it was not a licensing objective.  The sale of alcohol was however an ancillary part of the offer and significant levels of drinking would not be tolerated because the Applicant’s main business was that of a sports fashion retailer.

 

Mr Thomas said that the Applicant had written to the residents who had submitted representations objecting to the application and a meeting had been organised to discuss the application.  Two of the residents who had made representations and had attended the meeting had decided to withdraw the representations following this meeting.  Environmental Health and the Metropolitan Police had also withdrawn their representations.

 

Additional points made by residents in their representations which Mr Thomas wished to respond to included that the application would change the nature and character of the street.  Mr Thomas explained that this was disputed by Shaftesbury, the landlord, on the  ...  view the full minutes text for item 5.

6.

Dorset Cafe, Dorset House, Basement and Ground Floor, 27 Melcombe Street, NW1 pdf icon PDF 512 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Bryanston and Dorset Square Ward / not in cumulative impact area

Dorset Cafe, Dorset House, Basement and Ground Floor, 27 Melcombe Street, NW1

New Premises Licence

17/14501/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 15 February 2018

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Heather Acton and Councillor Shamim Talukder

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health and 4 x residents.

 

Present:  Mr Robert Botkai (Solicitor, representing the Applicant), Mr Abdul Harmal (Designated Premises Superviser) and Mr Ian Watson (Environmental Health).

 

Dorset Café, Dorset House, Basement and Ground Floor, 27 Melcombe Street, NW1 (“The Premises”)

17/14501/LIPN

 

1.

Sale by retail of alcohol (On)

 

 

Monday to Saturday:                                          11:00 to 22:00

Sunday:                                                              12:00 to 22:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Sub-Committee heard from Mr Botkai, representing the Applicant.  He stated that the café/restaurant sells quality Moroccan food at an affordable price.  It is not located in one of the Council’s designated cumulative impact areas and the proposed hours of operation are within the Council’s Core Hours policy.  Mr Botkai clarified that the Applicant had offered the Council’s model restaurant condition, MC66, so that alcohol would be ancillary to a substantial table meal at the Premises.

 

Mr Botkai referred to the Applicant sending an invitation to Environmental Health and the residents who had submitted representations objecting to the application in order to discuss the application at a meeting in January.  The Sub-Committee was advised that this had been attended by Mr Dave Nevitt for Environmental Health and two local residents.  The two local residents, represented by Mr Richard Brown, Solicitor at the Citizens Advice Bureau Licensing Advice Project, had had concerns about the use of the outside area.  Mr Botkai advised the Sub-Committee that tables and chairs were already located in the outside area and they were not causing an obstruction.  It had been agreed to render the outside tables and chairs unusable by 22:15 each day and that there would be no take away service of food or drink after 22:00. The two local residents had subsequently withdrawn their representations.

 

Mr Botkai addressed the Sub-Committee on the representations from local residents which had not been withdrawn.  He said that the Premises would not be a bar (it would be a case of offering a glass of wine ancillary to a meal) and there had never been any problems with drug dealing or football supporters there.  The Police had not expressed concerns about the potential for crime and disorder as they had not made a representation.

 

The Sub-Committee heard from Mr Watson on behalf of Environmental Health.  He made the point that the representations received from residents had not set out any specific issues with the current operation of the Premises.  He advised that the Moroccan café/restaurant had not received any recorded complaints over the five years it had been operated by the Applicant.  He doubted whether it was likely that granting on sales at the Premises would result in residents being adversely affected.  The Applicant had offered MC66 and the Council’s policy is that restaurants  ...  view the full minutes text for item 6.