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 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.
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|
4. |
Boxcar Butchers Ltd, 7A Wyndham Place, W1 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.
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|
5. |
Sweaty Betty, 1-2 Carnaby Street, W1 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.
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|
6. |
Dorset Cafe, Dorset House, Basement and Ground Floor, 27 Melcombe Street, NW1 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.
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