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Agenda and draft minutes

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR. View directions

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

Councillor Tim Mitchell replaced Councillors Louise Hyams and Aziz Toki for the items Regent’s University London, Regent’s College, Inner Circle, Regent’s Park and Pappiland Café, Ground Floor, 12 Norfolk Place, W2.

2.

Declarations of Interest

To receive declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

1.

1 Westbourne Grove Terrace, London, W2 5SD pdf icon PDF 543 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Bayswater Ward/ Bayswater Cumulative Impact Area

1 Westbourne Grove Terrace

London

W2 5SD

New Premises Licence

18/04010/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18thOctober 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Relevant Representation:  Environmental Health, Licensing Authority, One Local Residents Group, three Local Residents and one Director of a company owning an interest in a local flat

 

Present:  Mr Alis Artash (Solicitor, representing the Applicant), Ahmet Taluy (Applicant), Roxsana Haq (Licensing Authority), Dave Nevitt (Environmental Health), John Zamit (SEBRA) and Bryan Thursfield (Local Resident).

 

 

1 Westbourne Grove Terrace, London, W2 5SD (“The Premises”) 18/04010/LIPN

 

1.

Sale by retail of alcohol: On sales

 

 

Monday to Sunday: 12:00 to 22:30

 

 

 

Amendments to application advised at hearing:

Monday to Sunday: 12:00 to 22:00, amended by Applicant

 

 

 

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

 

Ms Michelle Steward (Presenting Officer) confirmed that this was a new premises licence application within the Bayswater Cumulative Impact Area (CIA) and that Mr Artash would be representing Mr Taluy the Applicant.  Ms Steward informed the Sub-Committee that the Police had withdrawn their representation after agreeing conditions with the Applicant and that the Environmental Health Service and the Licensing Authority would be maintaining their representations.  Ms Steward further advised the Sub-Committee that one local resident’s group and three local residents had also made a representations and Mr John Zamit (SEBRA) and Bryan Thursfield were in attendance.

 

Mr Ahmet Taluy, (Agent, representing the Applicant) informed the Sub-Committee that his client had applied to sell rare whiskey and had taken note of the objections; however, he felt that the objectors had mistaken the business model with that of a bar.  Mr Taluy explained that the physical premises was mid- century with its original facia and that the premises had a calm ambience. He also advised that the premises would not sell or have any draft beer, wine or other spirits on display.  Mr Taluy informed the Sub-Committee that his client’s business model is to open one or two bottle of rare vintage whiskey every night for whiskey lovers to sample and learn about its history.  He felt that there was a gap in the market for a unique operation of this type.  Mr Taluy advised that he intends to host events each night, events would be advertised on social media and bottles of whiskey would be £300-400.  There will be 2-4 5mil samples and customers can choose one and receive one double drink.

 

Mr Taluy advised the Sub-Committee that he would be happy to accept any proposed conditions as discussed in his meeting with Mr Nevitt and would be happy to close at 22:30 even on Friday and Saturday, because his intention is not to be a night club, but a place for lovers of whiskey to appreciate rare vintage whiskey.  My Taluy explained that he also wanted to stock some fine ports and prosecco for guests that may not care for whiskey.  Mr Taluy advised that he intended to run Scottish whiskey master classes, once  ...  view the full minutes text for item 1.

2.

29 Berners Street, London, W1T 3LR pdf icon PDF 714 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward/ Not in Cumulative Impact Area

29 Berners Street, London, W1T 3LR

New Premises Licence

18/09908/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18thOctober 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Relevant Representations:  Environmental Health, a Neighbourhood Association and two Local Residents

 

Present:  Mr Alun Thomas (Solicitor, representing the Applicant Company, Hamsard 2018 Ltd), Elliott Bute (General Manager, representing the Applicant Company) Dave Nevitt (Environmental Health), Robert Sutherland (Keystone Limited, representing local resident David Offenbach) David Offenbach (Local Resident).

 

29 Berners Street, London, W1T 3LR (“The Premises”) 18/09908/LIPN

 

1.

Sale by retail of alcohol: Both On sales and Off sales

 

 

Monday to Saturday: 09:00 to 21:00

Sunday: 12:00 to 18:00

 

 

 

Amendments to application advised at hearing:

Monday to Saturday: 10:00 to 20:00, amended by Applicant

 

 

 

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

 

Ms Michelle Steward (Presenting Officer) provided the details of the application and advised the Sub-Committee that Environmental Health Services would be maintaining their representation; and two local residents had made a representation. David Offenbach was in attendance and was represented by Robert Sutherland (Keystone Limited).  Ms Steward advised the Sub-Committee that the applicant sought the sale by retail of alcohol.  It was further noted by the Sub-Committee that the sale of alcohol within the premises would be limited to customers who were either receiving beauty treatments or hairdressing services or to customers who were seated within the café area (though with no requirement for the consumption of alcohol in the café area to be ancillary to any food). The application was also seeking the ability to serve alcohol for consumption off the premises from external tables and chairs. The Premises was not in the Cumulative Impact Area (CIA).

 

Mr Alun Thomas (Solicitor representing the Applicant) informed the Sub-Committee that Mr Elliott Bute had worked for the client company for over 30 years. He is a hair dresser and general manager.  Mr Bute was the manager of another branch which also had a licence, He is a personal licence holder and designated premises supervisor responsible for alcohol.  Mr Thomas advised the Sub-Committee that this was a family run business established for over 30 years. He said the premises opened earlier this year with a long lease and his client had no intention of selling.

 

Mr Thomas felt that there were two main issues that had not yet been agreed, Sales to members of the public in the café area and off-sales in sealed containers.  Using the premises plan on the screen, Mr Thomas and Mr Bute then pointed out the main entrance to the premises and outside seating with private forecourt, explaining he had a land registry plan available to share with the Sub-Committee.  Mr Bute explained the layout of the premises and highlighted the private seating area, reception area, changing room and front desk.  Mr Bute went on further to point out the hairdressing area, back office, boardroom and toilets.  Mr Thomas advised the Sub-Committee that the café area had seating for  ...  view the full minutes text for item 2.

3.

Heaven, The Arches, London, WC2N 6NG pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward/ Core CAZ North

Heaven, The Arches, London, WC2N 6NG

Sex Establishment Licence

18/08991/LISEVR

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18thOctober 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Objection:  One Local Resident

 

Present:  Mr Craig Baylis (Solicitor, representing the Applicant Company, Heaven (London) Limited), Mr Jeremy Louis Joseph (on behalf of the Applicant) Mr Stewart Turner (General Manager, representing the Applicant Company)

 

 

Heaven, The Arches, London, WC2N 6NG (“The Premises”) 18/08991/LISEVR

 

1.

Relevant Entertainment (Striptease including full nudity)

 

 

Monday to Sunday: 00:00 to 00:00

 

 

 

Amendments to application advised at hearing:

 

 

 

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

 

This was an application to renew the Sexual Entertainment Venue (SEV) licence for the premises. Ms Michelle Steward (Presenting Officer) advised that there had been one local resident representation which was objecting to the renewal application.

 

Mr Barry Panto (WCC Legal Adviser) addressed the Sub-Committee to advise that there was an error on Page 40 paragraph 7.4, regarding the statutory grounds on which the Licensing Sub-Committee may refuse to grant a SEV licence. In addition to the two ground mentioned in the report there were two other grounds as follows:

 

(c) That the number of sex establishments, or of sex establishments of a      particular kind, in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality;  and

 

(d) That the grant or renewal of the licence would be inappropriate, having regard:

(i)           to the character of the relevant locality; or

(ii)          to the use to which any premises in the vicinity are put; or

(iii)         to the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made.

 

Mr Craig Baylis (Solicitor, representing the Applicant) informed the Sub-Committee that, as the local resident representation is anonymous, there was no means by which his client could contact the resident to discuss and deal with the concerns raised. Mr Baylis felt that the nature of the objection (which was about queuing and alleged nuisance caused to the resident from persons who were rowdy and drunk and generally behaving in an inappropriate manner) was not relevant to the renewal of the SEV licence and was only relevant to the operation of the premises pursuant to its premises licence under the Licensing Act 2003.  Mr Baylis informed the Sub-Committee that the Heaven SEV licence is operated on a very limited basis - 1 hour per week on a Thursday evening to host a sexual entertainment event. The rest of the time the premises operates is a gay nightclub.

 

Mr Panto addressed the Sub-Committee and agreed that Mr Baylis had raised valid and fair points.  Mr Panto explained that there were two licences for the premises; the premises licence and the SEV licence.  The SEV licence relates to a part of the premises operation and the issue raised was more associated with the licensable activities  ...  view the full minutes text for item 3.

4.

1 Marylebone Road, London, NW1 4AQ pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Marylebone High Street/ Not in Cumulative Impact Area

1 Marylebone Road, London, NW1 4AQ

New Premises Licence

18/09845/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 18thOctober 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aicha Less.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward

 

Relevant Representation:  Local Neighbourhood Association

 

Present:  Mr James Anderson (Solicitor, representing the Applicant Company, Hammer Holdings Limited) and Andrew Monroe (General Manager, representing the Applicant Company)

 

The Wedding Gallery, Basement and Mezzanine Floors,1 Marylebone Road, London, NW1 4AQ (“The Premises”) 18/09845/LIPN

 

1.

Sale by retail of alcohol: On sales

 

 

Monday to Sunday: 12:00 to 21:00

 

 

 

Amendments to application advised at hearing:

 

None

 

 

 

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

 

This was an application for a new premises licence in respect of the former Holy Trinity Church. There is an existing licence for the ground and first floors of the former Church which is restricted to private functions. This application is for a new licence for the basement and mezzanine floors (operating as the Wedding Gallery) with a maximum capacity of 100 persons and the applicant wants to be able to sell alcohol to any persons who are visiting the gallery.

 

Ms Michelle Steward (Presenting Officer) confirmed that both the Police and the Environmental Health Services had withdrawn their representation after agreeing conditions with the Applicant Company.  Ms Steward advised the Sub-Committee had received one local representation from the Fitzrovia Neighbourhood Association (FNA) who was not in attendance and the premises was not located within the Cumulative Impact Area (CIA).

 

Mr James Anderson (Solicitor, representing the Applicant) informed the Sub-Committee that his client had submitted a lengthy skeleton argument, Mr Anderson explained that this was an event venue that Hammer Holdings have operated for over 10 years. The Premises currently has an events licence until midnight and has the capacity to hold 800 people. Mr Anderson explained that his client is applying for a new licence for the basement and mezzanine area, showing the Sub-Committee photographs of the premises on the screen.   Mr Anderson Advised the Sub-Committee that the venue is a wedding emporium and the sale of alcohol is ancillary to that function.

 

Mr Anderson explained that patrons visit the premises, often by invitation. They are offered a complementary glass of wine, prosecco or Champagne, however customers often want to stay longer and his client is unable to sell additional glasses. There is also a kitchen area and patrons may want a drink with lunch. It is all part of the bridal experience.  Mr Anderson confirmed that his client had agreed conditions with Environmental Health and the Police but was surprised to receive a representation from the Fitzrovia Neighbourhood Association (FNA).  Mr Anderson advised the Sub-Committee that this client had not had any dealings with the FNA or Mr Rees as the premises had no immediate residents living nearby. He referred to page 90 of the report which showed the residential count on the map as zero. Mr Anderson was unsure if they were even in the Fitzrovia district.  Mr Anderson advised that  ...  view the full minutes text for item 4.