LICENSING SUB-COMMITTEE
No. 5
Thursday 5
March 2020
Membership:
Councillor Murad Gassanly (Chairman), Councillor Jim Glen and
Councillor Aisha Less
Legal
Adviser:
Horatio Chance
Policy
Adviser:
Aaron Hardy
Committee Officer: Georgina Wills
Presenting Officer: Michell Steward
Relevant Representations: David Nevitt
(Environmental Health)
Present:
Matthew
Butt and Alan Thomas (Legal, Representatives, Applicant) Stephen
Vickary (Representative of Freeholder, Applicant), Oliver Flamant
(CEO, Coya), Richard Brown (Legal Representatives, Objectors) Mr
Gary Crocker, (local resident), Mr Mike Dunn (local resident), Mr
Philip Bell (local resident),
Coya,
Newton House 118 – 119 Piccadilly London (West End Ward)
(“The Premises”) 20/00187/LIPV
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1.
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Conditions being Varied
Current:
18. The rear doors
leading to Down Street Mews shall not be used except in case of
emergency.
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Proposed:
18. The rear doors
leading to Down Street Mews shall not be used by customers except
in case of
emergency.
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The application does
not propose any changes to licensable activities, permitted hours,
capacity or other conditions.
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Amendments to
application advised at hearing:
None.
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Decision (including
reasons if different from those set out in report):
The Sub-Committee had before it
an application for a variation of a premises licence currently
operating as a restaurant with a bar area. The Applicant was seeking to vary Condition 18 of
the premises licence which reads
“The rear doors leading to Down Street Mews shall not be
used except in case of emergency” to 18.
“The rear doors leading to Down Street Mews shall not be
used by customers except in case of emergency”. There was
no request to change any of the licensable activities, permitted
hours, capacity or other conditions. The Metropolitan Police
withdrew their representation following a site visit. The Premises
is not situated in the Cumulative Impact Zone.
Matthew Butt, the
Applicant’s Legal Representative provided an historical
outline of the Premises licensing applications and explained that
the Conditions which were imposed by a former Licensing
Sub-Committee in February 2011 was erroneously agreed by the
Applicant. The Sub-Committee was advised that Condition 18 governed
the usage of the rear doors of the Premises and needed to be varied
to ensure that the establishment continued to operate as a
restaurant. Mr Butt advised that the Applicant had failed to
articulate the need for employees to have free access to the rear
doors and commented that the entrances to both the staff room and
staff changing rooms were through these doors. He referred to
page.23 of the Agenda which contained the Minutes of the Licensing
Sub-Committee held on 3 February 2011 and commented that it had
been recorded that the rear doors had been intended to be used by
VIP and celebrity patrons. The Chair
commented that the Minutes of the Sub-Committee held on 3 February
2011 had been accepted as an accurate
record of the Meeting. The Sub-Committee noted that there were
several mechanisms available to the Applicant which would have
enabled them to earlier address their concerns over Condition
18.
Mr Butt informed that Down
Street Mews was used and ...
view the full minutes text for item 1.
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