Agenda and minutes

Licensing Sub-Committee (5) - Thursday 29th July, 2021 10.00 am

Venue: This will be a virtual meeting

Contact: Cameron MacLean, Temporary Committee and Councillor Support Co-ordinator  Email:  cmaclean@westminster.gov.uk Tel: 07814 998 037

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership of the Sub-Committee.

2.

Declarations of Interest

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

There were no Declarations of Interest.

1.1

Order of Proceedings

2.

10 AM: Home Grown, 44 Great Cumberland Place,W1H 7BS - Application for Premises Licence Variation pdf icon PDF 18 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Bryanston & Dorset Square

N/A

N/A

Home Grown
44 Great Cumberland Pl
London
W1H 7BS

Premises Licence Variation

21/03349/LIPV

*Cumulative Impact Area
** Special Consideration Zone

This will be a virtual meeting. Members of the Public can view the live broadcast using the media links on the Council’s website.

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 5 (“The Committee”)

 

Thursday 29 July 2021

 

Membership:             Councillor Murad Gassanly (Chairman); Councillor Louise Hyams and Councillor Aziz Toki

 

Application for a New Premises Licence in respect Home Grown 44 Great Cumberland Place London W1H 7BS 21/03349/LIPV

 

Summary Decision

 

The Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”). The Premise operates as a Private Members Club with accompanying accommodation and are located within the Bryanston And Dorset Square Ward. The Premises have had the benefit of a licence since 2012 (licence number 19/09266/LIPDPS) The Premises are not located within the West End Cumulative nor Special Consideration Zone. There is a resident count of 202.

 

The Applicant seeks to the vary the licence as follows:-

 

Suspend the operation of conditions 51, 53 and 54 below until 30th September 2021

 

Condition 51:           Any external terrace areas may only be used for the consumption of alcohol on Fridays and Saturdays.

 

Condition 53:           Any external terrace areas shall be vacated by 7pm save

for persons using the area to smoke;

 

Condition 54:           No more than ten persons, excluding staff, shall be

permitted on the first-floor terrace at any one time.

 

Insert a new condition as follows:-

 

“No more than 25 patrons (who shall be seated) may occupy the terrace between 11.00 and 22.00 on any day until 30th September 2021 when this condition shall cease to have effect.”

 

The Committee noted that representations were received from Environmental Health Service, three Local Ward Councillors and 18 Local Residents (comprising individuals and the amenity society). The thrust of those objections cited public nuisance and crime and disorder as a cause for grave concern.

 

The Committee noted and considered the Agenda Papers and the additional documentation supplied by Richard Brown of Westminster CAB Licensing Project including the offered conditions.

 

 

 

Applicant

 

Home Grown Club Limited represented by Craig Baylis Solicitor of BCLP.

 

Summary Decision

 

The Premises operates as a Private Members Club with accompanying accommodation and has had a licence since 2012 with various licensable activities. The Premises are not located within the West End Cumulative nor Special Consideration Zone.

 

The Committee has a duty to consider the application on its individual merits and took into account all the committee papers, supplementary submissions made by the Applicant, Responsible Authorities, various resident objectors and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Committee, however, was not persuaded by the Applicant that the promotion of the licensing objectives would be upheld particularly the public nuisance licensing objective. The Committee when looking at the evidence had due regard to the policy considerations arising under Polices PN1, CD1 and CH1 under the City Councils Statement of Licensing Policy. 

 

The Committee decided that the Applicant had not provided sufficient reasons as to why the granting of the application would promote the licensing objectives and therefore refused the application in all the circumstances of the case.

 

The Applicant is advised  ...  view the full minutes text for item 2.

Media

3.

2 PM: 52 Lupus St (Ground Floor), London SW1V 3EE - Application for New Premises Licence pdf icon PDF 5 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Warwick

N/A

N/A

Ground Floor
52 Lupus Street
London
SW1V 3EE

New Premises Licence

21/01357/LIPN

*Cumulative Impact Area
** Special Consideration Zone

This will be a virtual meeting. Members of the Public can view the live broadcast using the media links on the Council’s website.

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 5

Thursday, 29 July 2021

Application for a New Premises Licence 21/01357/LIPN

Membership:           Councillor Murad Gassanly (Chairman); Councillor Louise Hyams; and Councillor Aziz Toki

Officer Support:      Legal Advisor:                           Horatio Chance

                                  Counsel:                           Horatio Waller, Frances Taylor Buildings

                                  Policy Officer:                                Kerry Simpkin

                                  Committee Officer:                        Cameron MacLean

                                  Presenting Officer:                             Karyn Abbott

FULL DECISION

Premises

Ground Floor, 52 Lupus St, London SW1V 3EE

Applicant

Merano When Ltd trading as Brewhouse [represented by Stephen Thomas, Solicitor, of Stephen Thomas Law]

Cumulative Impact Area (CIA)/Special Considerations Zone (SCZ)

CIA:   N/A

SCZ:  N/A

Ward

Warwick

Summary of Application

The Premises proposed to operate as a coffee shop.

Representations Received

Representations opposing the application had been received from –

1.     The Metropolitan Police Service (MPS)

2.     The Environmental Health Service (EHS);

3.     The Federation of Residents’ Associations in Pimlico (FREDA)

4.     A Local Business; and

5.     Local Residents

SUMMARY OF PROCEEDINGS

INTRODUCTION

Karyn Abbott, Senior Licensing Officer, introduced the report of the Director of Public Protection & Licensing that was before the Sub-Committee, noting that additional submissions had been received from a number of parties and that these were set out in the Additional Information Pack that was also before the Sub-Committee.

Following an enquiry from FREDA,[1] West so the minster City Council City Inspectors had confirmed that the forecourt adjacent to the Premises was private and, therefore, the tables and chairs on the forecourt did not require a Street Trading Licence.

Ms Abbott went on to say that a late amendment to the application had been received from the Applicant bringing forward the proposed terminal hour for the retail sale of alcohol to 20:00 hours; that the tables & chairs on the forecourt be brought inside the Premises by 19:00 hours; and that Westminster City Council’s Model Condition (MC) 29[2] be added to the list of proposed conditions to be added to the Premises Licence, should the application be approved.

In conclusion, Ms Abbott noted that the Premises was within the Warwick ward and was not within a cumulative impact area.

PRESENTATION BY THE APPLICANT

Mr Stephen Thomas, Solicitor Advocate, Stephen Thomas Law (on behalf of the applicant)

Mr Thomas, having briefly summarised the Applicant’s association with the area and his other business operations, stated that the Applicant, Mr John O’Donnell, had acquired the Premises in July 2020 which then opened for business in August 2020.

Mr Thomas then described the operation of the business which, during the second coronavirus pandemic lockdown, operated as a takeaway business. He noted that, in November 2020, the applicant had applied for, and been granted, two Temporary Event Notices (TENs) for December 2020; the first TEN being for three days, and the second TEN for four days, during which the applicant sold mulled wine and bottled beers to customers along with turkey sandwiches and mince pies.

Mr Thomas noted that the terminal hour for the TENs had been 20:00 hours. Given the success of the TENs, and having read the concerns of Residents about the present  ...  view the full minutes text for item 3.

Media