Agenda and minutes

Licensing Sub-Committee (5) - Thursday 10th February, 2022 10.00 am

Venue: Rooms 18.01 - 18.03 - 18th Floor, 64 Victoria Street, London, SW1E 6QP. View directions

Contact: Sarah Craddock, Committee and Councillor Co-ordinator  Email:  scraddock@westminster.gov.uk Tel: 07790980186

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

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.

1.

Sixes, 170 Great Portland Street, W1W 5QB pdf icon PDF 1 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone High Street

*  None

** None

Sixes

170 Great Portland Street

W1W 5QB

 

Premises Licence Variation

21/10593/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5

 

Thursday 10th February 2022

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Louise Hyams Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

 

Application for a variation of a Premises Licence for Sixes, 170 Great Portland Street, London W1W 5QB - Ref No. 21/10593/LIPV

 

 

Full Decision

 

Premises

Sixes,

170 Great Portland Street,

London

W1W 5QB

 

Present

 

Applicant Sixes Cricket Limited - Calum MacKinnon (Director), represented by James Rankin (Counsel)

 

Richard Brown (Citizens Advice Westminster) representing Mark Gazaleh, Rita Shah and David Bremner.

 

Mark Gazaleh - Portland Village Association

 

Ward

 

Marylebone High Street

 

Summary of Application

 

The Sub-Committee has determined an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises operates as a cricket themed and experiential restaurant.

 

The application was:

 

1)    To vary the layout of the premises in accordance with the plans submitted by the applicant, namely, the inclusion of a private events / function room in the basement (which will provide licensable activities and be open for the same hours as the ground floor bar / experiential area.)

2)    The inclusion of a fifth cricket net in the ground floor restaurant area.

3)    To amend condition 24 under Annex 3 of the premises licence to read as follows:

“In the cross hatched area the supply of alcohol at the premises in the area cross hatched on the plan shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal, to people who are taking part in an experiential experience or to people attending a bone-fide pre-booked function.”

 

4)    To add a condition in respect of the basement area only which reads as follows:

“The supply of alcohol at the premises in the area outlined green will only be to persons who are attending a pre-booked function or event and will not otherwise be available to the general public.”

 

There is a resident count of 54. 

 

Representations Received

 

·       Metropolitan Police – PC Reaz Guerra (Withdrawn)

·       Environmental Health Services (EHO) – Mr Ian Watson

·       Rita Shah – Residential Objection

·       Rekha Rani - Residential Objection (Represented by Mr Richard Brown of Citizens Advice Westminster)

·       Guy Austin – Marylebone Association

·       Mark Gazaleh – Portland Village Association (Represented by Mr Richard Brown of Citizens Advice Westminster)

·       Richard Porter – 49 Hallam Street Ltd Objection

·       Anthony Rissbrook - Residential Objection

·       David Bremner – Residential Objection (Represented by Mr Richard Brown of Citizens Advice Westminster)

 

Summary of issue raised by Objectors

 

1.     The variation will result in an increase in noise and disturbance which already emanate from the premises.

2.     The current ancillary nature of the sale of alcohol is being diluted.

3.     Increase in noise levels as a result of the exit doors opening and closing.

4.     Noise from customers in the outside area.

5.     Risk of customers noise when leaving the premises  ...  view the full minutes text for item 1.

2.

Z B Retail, 48 Belgrave Road, SW1V 1RG pdf icon PDF 573 KB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Warwick

 

* None

 

** Victoria

Z B Retail

48 Belgrave Road

SW1V 1RG

New Premises Licence

21/05015/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5

 

Thursday 10th February 2022

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Louise Hyams Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Present:                   Karyn Abbott – Licensing Authority

                                Mr Farhan Choudhry - Applicant

 

Application for a variation of a Premises Licence for ZB Retail, 48 Belgrave Road, London SW1V 1RG – Ref 21/05015/LIPN

 

 

Full Decision

 

Premises

 

Z B Retail,

48 Belgrave Road,

London

SW1V 1RG

 

Applicant

 

Mr Choudhry Farhan

 

Ward

 

Warwick

 

Special Consideration Zone

 

Victoria Special Consideration Zone

 

Licensable Activities and Hours applied for

 

Sale by Retail of Alcohol (off the premises)

 

Mondays to Saturdays: 09.00 to 22:00 hours

Sundays: 10.00 to 22.00

 

 

Opening Hours of the Premises:

 

Monday to Sunday: 07.30 to 23:00 hours

 

Representations Received

 

·       Metropolitan Police Service (PC Reaz Guerra) (Withdrawn)

·       Environmental Health Service (Anil Drayan) (Withdrawn)

·       Licensing Authority (Emanuela Meloyan)

·       Mrs Jacqui Wilkinson

 

Summary of Objections

 

Premise is located in SCZ.

Application moves availability of alcohol to a residential area

Increases problem with street drinkers and anti-social behaviour.

The premises is located opposite a school

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).

 

The Premises proposes to operate as a convenience store, selling alcohol for consumption off the premises. The Premises is located within Warwick Ward and is not located within a Cumulative Area Zone.

 

The Special Consideration Zone applies.

 

There is a resident count of 203.

 

Policy Position

 

HRS1

 

·       Applications within the core hours set out in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.  Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

 

 

SCZ1

 

·       Applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment, and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

SHP1

 

·       Applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to:

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.

3. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.

4. The application and operation of the venue meeting the definition of a shop  ...  view the full minutes text for item 2.

3.

Flight Club, Unit 8 Nova, Victoria Street, SW1E 5DJ pdf icon PDF 4 MB

 

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Vincent Square

* None

** Victoria

Flight Club                    Unit 8 Nova                Victoria Street           SW1E 5DJ

Premises Licence Variation

21/11130/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

This application was adjourned.

4.

Desai News, 19 Spring Street, W2 1JA pdf icon PDF 6 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Hyde Park

*  None

** None

Desai News

19 Spring Street

W2 1JA

 

New Premises Licence

21/10871/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5

 

Thursday 10th February 2022

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Louise Hyams Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Present:                   Richard Baker representing the Applicant

 

Application for a variation of a Premises Licence for Desai News, 19 Spring Street, London W2 1JA Ref: 21/10871/LIPN

 

 

Full Decision

 

Premises

 

Desai News,

19 Spring Street,

London

W2 1JA

 

Applicant

 

Mr Bhavikkumar Rasiklal Patel

 

Ward

 

Hyde Park

 

 

Licensable Activities and Hours applied for

 

Sale by Retail of Alcohol (off the premises)

 

Mondays to Saturdays: 08.00 to 23:00 hours

Sundays: 10.00 to 22.30

 

 

Opening Hours of the Premises:

 

Mondays to Saturdays: 08.00 to 23:00 hours

Sundays: 10.00 to 22.30

 

Representations Received

 

·       Environmental Health Service (Dave Nevitt) (Withdrawn)

·       Ben Churchill - Resident

 

Summary of Objections

 

The premises will bring ant-social behaviour to the area, there are other premises available.

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).

 

The Premises proposes to operate as a convenience store, selling alcohol for consumption off the premises. The Premises is located within Warwick Ward and is not located within a Cumulative Area Zone or a Special Consideration Zone.

 

There is a resident count of 103.

 

Policy Position

 

HRS1

 

·       Applications within the core hours set out in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.  Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

 

SHP1

 

·       Applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to:

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.

3. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.

4. The application and operation of the venue meeting the definition of a shop in Clause C.

 

C. For the purposes of this policy:

1. A shop is defined as a stall, vehicle, vessel, temporary structure, building or part of a stall, vehicle, vessel, temporary structure or building where the primary activity is the sale of goods or services to customers upon payment.

2. The licensable activity of the sale of alcohol for consumption off the premises must be an ancillary function to the primary use of the

premises unless that primary use is to sell alcohol for consumption  ...  view the full minutes text for item 4.