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Agenda and draft 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 and to appoint a Chairman.

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:

Councillor Julia Alexander declared that the application concerning The Marylebone Kitchen, 106 York Street, was located within the Ward she represented, Bryanston and Dorset Square Ward, and therefore withdrew from the meeting for this application.

3.

"14", Basement, Victory House, 14 Leicester Square, WC2 - Licensing Act 2003 application pdf icon PDF 7 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

"14", Basement, Victory House, 14 Leicester Square, WC2

Variation of premises licence – LA03

17/01159/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18th May 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations: Objecting to the Application:

Environmental Health, The Metropolitan Police and The Licensing Authority.

 

Supporting the Application:

Eight local businesses, one local resident, The Leicester Square Association and the Heart of London Business Alliance.

 

Present:         Mr Philip Kolvin QC (Barrister, representing the applicant), Ms Lana Tricker (on behalf of the applicant), Mr Simon Warr (Director, Applicant Company) Mr Ian Watson (Environmental Health), PC Toby Janes (Metropolitan Police), Mr David Sycamore (Licensing Authority) and Mr Fadil Maqedonci (local resident).

 

“14”, Basement, Victory house, 14 Leicester Square

17/01159/LIPV

 

1.

Recorded Music

 

 

Current

 

Monday to Wednesday 20:00 to 03:00

Thursday to Saturday 20:00 to 06:00

Sunday 20:00 to 03:00

Proposed

 

Monday to Saturday 17:00 to 06:00

 

Sunday 17:00 to 03:00

 

Seasonal Variations/Non-Standards Timings:

 

Current

 

When the hours authorised by this licence extends beyond 1am, then in relation to the morning on which British Summer Time begins, the hours shall be extended by 1 hour after the authorised hour on the licence.

Proposed

 

Sunday before Bank Holidays to 17:00 to 06:00.

 

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

The Sub-Committee considered an application by Number Fourteen (Management) Ltd for a variation of a premises licence in respect of “14”, Basement, Victory House, 14 Leicester Square, London.

 

The Chairman confirmed that the applicant had submitted two different applications for the premises, a variation of the premises licence under the Licensing Act 2003 and a variation of the Sexual Entertainment Venue (SEV) premises licence. With the agreement of all the parties present it was decided to hear both applications simultaneously.

 

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that the applicant had agreed to amend the hours for the sale of alcohol to 17:00 to 05:30 Monday to Saturday.

 

The Council’s Legal Adviser confirmed that a further amendment to condition 48 had been submitted by the applicant further restricting the capacity of the premises as follows:

 

  • Capacity of 200 (customers) until 02:00am
  • Capacity of 150 (customers) from 02:00am to 03:30am
  • Capacity of 100 (customers) from 03:30am to 04:30am
  • Capacity of 50 (customers) from 04:30am until closing time

 

At the request of the Sub-Committee the Council’s Policy Adviser set out the policy considerations for both applications. The premises was located in a Cumulative Impact Area (CIA) and within Policy CIP1, for certain types of premises, there was a presumption against granting an application. It was important to understand whether the application should be considered an exception to policy. There was a degree of overlap between policies PVC2 and MD2 but all premises located within a CIA had to demonstrate that the licensable activities carried on would not add to cumulative impact in the area. Whether the Sub-Committee came to the view that it  ...  view the full minutes text for item 3.

4.

"14", Basement, Victory House, 14 Leicester Square, WC2 - SEV application pdf icon PDF 6 MB

App

No

Ward

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward / Core CAZ North

"14", Basement, Victory House, 14 Leicester Square, WC2

Variation – Sexual Entertainment Venue premises licence

17/01156/LISEVV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18 May 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Representations:     Objecting to the Application:

Environmental Health, The Licensing Authority and The Metropolitan Police

 

Supporting the Application:

 Eight local businesses, one local resident, The Leicester Square Association and the Heart of London Business Alliance.

 

 

Present:         Mr Philip Kolvin QC (Barrister, representing the applicant), Ms Lana Tricker (on behalf of the applicant), Mr Simon Warr (Director, Applicant Company) Mr Ian Watson (Environmental Health), PC Toby Janes (Metropolitan Police), Mr David Sycamore (Licensing Authority) and Mr Fadil Maqedonci (local resident).

 

14, Basement, Victory House, 14 Leicester Square, London, WC2H 7NG

17/01156/LISEVV

 

1.

Variation of a Sexual Entertainment Venue Premises Licence

 

The application was to vary the sexual entertainment venue premises licence to extend the hours for relevant entertainment Monday to Saturday 17:00 to 06:00 hours, Sunday 17:00 to 03:00 hours and Sunday before a Bank Holiday 17:00 to 06:00 hours. This involved a commencement hour that was three hours earlier across the week and a three hour increase in the terminal hour from 03.00 hours to 06.00 hours on the days following Monday to Wednesday evenings. It was also requested to restrict the capacity as follows

 

Current:

 

The maximum number of persons accommodated at any one time (excluding staff) shall not exceed the following:

a) Capacity of 250 (customers) until 2.00am

b) Capacity of 200 (customers) from 2.00am to 3.30am

c) Capacity of 100 (customers) from 3.30am until closing time

 

Proposed:

 

The maximum number of persons accommodated at any one time (excluding staff) shall not exceed the following:

a) Capacity of 250 (customers) until 2.00am

b) Capacity of 200 (customers) from 2.00am to 3.30am

c) Capacity of 100 (customers) from 3.30am to 4.30am

d) Capacity of 50 (customers) from 4.30am until closing time

 

 

Amendments to application advised at hearing:

 

 

 

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

 

The Sub-Committee considered an application by Number Fourteen (Management) Ltd for a variation of a premises licence in respect of “14”, Basement, Victory House, 14 Leicester Square, London.

 

The Chairman confirmed that the applicant had submitted two different applications for the premises, a variation of the premises licence under the Licensing Act 2003 and a variation of the Sexual Entertainment Venue (SEV) premises licence. With the agreement of all the parties present it was decided to hear both applications simultaneously.

 

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that the applicant had agreed to amend the hours for the sale of alcohol to 17:00 to 05:30 Monday to Saturday.

 

The Council’s Legal Adviser confirmed that a further amendment to condition 48 had been submitted by the applicant further restricting the capacity of the premises to:

 

  • Capacity of 200 (customers) until 02:00am
  • Capacity of 150 (customers) from 02:00am to 03:30am
  • Capacity of 100 (customers) from 03:30am to 04:30am
  • Capacity of 50  ...  view the full minutes text for item 4.

5.

Iran Restaurant, 27 Shepherd Market, W1

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18th May 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    Environmental Health, Orbiton Estates (representing residents at Carrington House) and three local residents.

 

Present: Mr Shervin Sepanje (Applicant), Mr Dave Nevitt (Environmental Health), Mr Alun Thomas (Solicitor, representing Orbiton Estates) and Mr Tim Steel (witness on behalf of Orbiton Estates).

 

Iran Restaurant, 27 Shepherd Market, London, W1J 7PR

17/02456/LIPV

 

1.

Late Night Refreshment

 

Current

 

Monday to Saturday: 23:00 – 00:00

 

Proposed

 

Monday to Sunday: 23:00 – 01:00

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee considered an application by Kitchen Centre Ltd for a variation of a premises licence in respect of the Iran Restaurant, 27 Shepherd Market, London, W1J 7PR.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Mr Sepanje, the applicant, advised that the main reason an extension in hours for the sale of alcohol was being requested was to increase the premises’ revenue.  It had been operating for approximately five to six years during which time there had only been a minimal number of complaints. The premises was small in scale with only a limited number of covers. A large number of customers were from oversees and they preferred dining later in the evening which was one of the main reasons a proposed extension in hours had been requested. The premises was predominantly focused on providing high quality food and the sale of alcohol was ancillary to customers taking a table meal. No draught beer was available and there were no alcohol led promotions. The restaurant was well established within the area and approximately 90-95% of customers pre-booked their table. There was a demand from customers to have a longer period to enjoy the food provided and the extra revenue this generated would help with the increasing overheads associated with operating a restaurant.

 

Mr Sepanje explained how the premises did not cause a nuisance in the local area and the only complaints made had been unfounded. One related to a noise complaint which was investigated and no further action was taken. The second related to the noise of clearing tables and chairs and again following an investigation no further action was taken. If the extension in hours was granted it would not set a precedent in the local area as the other restaurants in the area were much larger, catered for more customers and provided more licensable activities. The clientele at the restaurant were very well behaved, a relaxed dining environment was provided for them and the premises was not alcohol-led. Less than 1% of revenue was generated from sales  ...  view the full minutes text for item 5.

6.

The Marylebone Kitchen, 106 York Street, W1 pdf icon PDF 561 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

The Marylebone Kitchen, 106 York Street, W1

New premises licence

17/02615/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18th May 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    Environmental Health and two local residents.

 

Present: Mr Louay Michel (Applicant), Mr Ian Watson (Environmental Health) and Mr Peter Sleep and Mrs Sonia Sleep (local residents).

 

The Marylebone Kitchen, 106 York Street, London, W1H 4QN

17/02615/LIPN

1.

Sale by Retail of Alcohol – On and Off

 

Monday to Saturday: 11:00 to 23:00

Sunday: 11:00 to 22:00

 

Seasonal Variations/Non-Standard Timings:

 

None applied for.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Councillor Julia Alexander declared that the application was located within the Ward she represented, Bryanston and Dorset Square Ward, and she therefore withdrew from the meeting for this application.

 

The Sub-Committee considered an application by the Marylebone Kitchen Ltd for a new premises licence in respect of The Marylebone Kitchen, 106 York Street, London, W1H 4QN.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Mr Michel, the applicant, explained that he was the owner of the Marylebone Kitchen having purchased the leasehold of the premises which had previously operated as a café. The new operation was focused on providing quality food primarily at brunch or lunch. The food was described as fresh and home cooked and the premises was also a destination where people could go to buy coffee. The premises was currently permitted to operate between the hours of 07:00 and 16:00 which made it difficult to make the business financially viable. It was therefore proposed to extend the hours so the premises could open later in the evening in order to provide a dinner option as well as open on weekends. The majority of local residents were accepting of the application and there was a demand for the premises to open on weekends. Being able to serve alcohol would provide an extra option for customers dining at the premises and the Sub-Committee was informed that the premises would not become a bar and would be focussed on providing a food offer. The premises did not attract noisy customers and following constructive discussions with the Police and Environmental Health (EH) proposed conditions to be added to the licence had been agreed. This included a condition requiring the consumption of alcohol to be ancillary to customers taking a substantial table meal. It was also proposed to utilise the external area of the premises to allow customers to dine outside with any consumption of alcohol being ancillary to the taking of a substantial table meal.

 

The Sub-Committee recognised that the restaurant condition had been accepted and noted the capacity of the premises was 18 inside and 8-10 outside. Further clarification was requested however on whether it was proposed to utilise the external area to serve food and alcohol until 23:00 hours? Mr Michel advised that the external area would  ...  view the full minutes text for item 6.