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Agenda and draft minutes

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

1.1      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:

2.1      There were no declarations of interest.

1.

Consideration of Street Trading Licence Applications for Strutton Ground Market pdf icon PDF 9 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

St James Ward

Strutton Ground Market,

Westminster,

London, SW1P 2JT

Permanent street trading licences in respect of 13 pitches on Strutton Ground Market

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 19th September 2019

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less. 

 

Legal Adviser:                    Horatio Chance

Policy Adviser:                   Aaron Hardy

Committee Officer:             Tristan Fieldsend

Environmental Health:        Sally Fabbricatore

Presenting Officers:           Michelle Steward and Jonathan Russell-Lloyd

 

 

1)              CONSIDERATION OF STREET TRADING LICENCE APPLICATIONS FOR STRUTTON GROUND MARKET

 

1.1      The Sub-Committee considered applications for permanent street trading licences in respect of 13 pitches on Strutton Ground Market. On 20 March 2019 the Licensing Committee approved the strategy and process for determining applications. As part of the Strategy, the Licensing Service advertised the vacancies for Strutton Ground Market pitches between 1 June 2019 and 31 July 2019. All of the applications were reviewed against the criteria by officers from the Licensing Service, Environmental Health, and City Economic and Development teams who provided an initial score. Following their initial score the Applicants were invited to attend an interview to assist their applications.

 

1.2      Licensing received in total 13 applications from 11 applicants. Under the market strategy scoring criteria a trader was required to have a minimum score of 50% (out of a total of 185 points) or above to be recommended for the grant of a Street trading licence. An outline of each applicant is set out below along with the officers recommendation:

 

APPLICANT

PITCH

DESCRIPTION

SCORE

RECOMMENDATION

Corinne Plocki

1509

Sells a variety of hot French food

100

Grant

Kristina Wilshire

1503

Sells variety of hot and cold salads

145

Grant

Cristiano Meneghin

1502

Sells hot food e.g. burgers, steak, chicken and fries

161

Grant

Kim Smith

1506 & 1507

Sells salads and different ciabatta roll options

 

145

Grant

Dipen Patel

1513 & 1514

Sells hot food including curry, samosas and biryani

145

Grant

Nellie Katerina Tsilidis

1518

Sells hot food including Greek souvlaki, pitta bread, salads stews and soups

110

Grant

Zoya Bako

1511

Sells hot food including kebabs, pitta bread wraps and rice boxes

110

Grant

Jospeh Albitchino

1501

Sells Mediterranean hot food and cold beverages

145

Grant

Marcos Diaz Solis

1516

Sells hot food including tapas, omelettes and paella

155

Grant

Rury Fischelt

1504

Sells hot food including wraps/burritos, tacos and quesadillas

125

Grant

Daniele Sergio

131

Sells hot food including tuna and swordfish burgers, fried seafood and fish wraps

131

Grant

 

1.3      The Applicants present were asked to provide feedback on the new process and the Sub-Committee noted the comments received. The Chairman confirmed that these would be fed back to the Licensing Service to help inform the process for future applications and deliver best practice.

 

1.4      The Sub-Committee discussed the proposed additional conditions to be placed on each granted licence. The Applicants present confirmed that they were content with the additional conditions being imposed on each licence.

 

1.5      In reaching a decision, the Licensing Sub-Committee took account of all the details in the report, including the summary of each application and the officers’ scoring based on the criteria set out in the report; any supplementary information provided by each applicant within the  ...  view the full minutes text for item 1.

2.

The Cheese Bar Barge, Paddington Basin, Sheldon Square, London, W2 6DS pdf icon PDF 11 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Hyde Park

Ward/ Not in

Cumulative Impact Area

The Cheese Bar Barge

Paddington Basin

Sheldon Square

London

W2 6DS

New

Premises

Licence

19/06103/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 19th September 2019

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:         Horatio Chance

Policy Adviser:         Aaron Hardy

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Licensing Authority, South East Bayswater Residents’ Association, Paddington Waterways and Maida Vale Society and one local resident

 

Present: Mr Andrew Woods (Solicitor, representing the Applicant), Mr Matt Carver (Applicant) and Mr John Zamit (South East Bayswater Residents Association)

 

The Cheese Bar Barge, Paddington Basin, Sheldon Square, London, W2 6DS

(“The Premises”)

19/06103/LIPN

 

1.

Sale by Retail of Alcohol (Roof Area) – On and Off Sales

 

Monday to Wednesday: 10:00 to 21:30

Thursday to Saturday: 10:00 to 22:00

Sunday: 12:00 to 21:30

 

Sale by Retail of Alcohol (Inside the Premises) – On and Off Sales

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:00

 

 

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 The Cheese Truck Ltd (“The Applicant”) for a new premises licence in respect of The Cheese Bar Barge, Paddington Basin, Sheldon Square, London, W2 6DS.

 

The Licensing officer introduced the application and confirmed that the Police and Environmental Health had withdrawn their representations following the agreements of conditions with the Applicant.

 

Mr Woods, representing the Applicant, confirmed that extensive discussions had taken place between the Applicant and interested parties. Following these discussions, the Police and Environmental Health (EH) had both withdrawn their representations, and the Sub-Committee was advised that the South East Bayswater Residents Association (SEBRA) and the Paddington Waterways and Maida Vale Society (PWMVS) were both content with the proposed conditions. Therefore, only one residential representation remained from a local resident who was not in attendance. The proposed hours permitting the sale by retail of alcohol were within the Council’s core hours policy. It had been agreed to limit the capacity of the roof area to a maximum of 20 customers with the internal area limited to a maximum of 35. This internal area would function solely as a restaurant whilst the roof area, which had shorter hours for licensable activities, would permit customers to consume alcohol only. The roof area however would have a food provision and all customers would have to be seated and served by waiter/waitress service only. Further conditions had also been agreed to prevent any noise nuisance and ensure all outside furniture was rendered unusable after 21:30 hours Sunday to Wednesday and 22:00 hours Thursday to Saturday. The Sub-Committee noted that the Applicant was an experienced operator with two other successful restaurants located in London. It was considered that the application promoted the licensing objectives and it was intended for the operation to open in December 2019.

 

Mr Zamit, representing SEBRA, explained that he was attending the Sub-Committee as a residential objection to the application remained. Initial concerns had been raised over the location of the barge opposite residential properties and the potential for noise disturbance. However, after  ...  view the full minutes text for item 2.

3.

Basement, 21 Rupert Street, London, W1D 7PJ pdf icon PDF 6 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

St James’s Ward/ West End Cumulative Impact Area

Basement

21 Rupert Street

London

W1D 7PJ

New Premises

License

19/09071/LIPN

 

 

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 19th September 2019

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:         Horatio Chance

Policy Adviser:         Aaron Hardy

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Metropolitan Police and the Licensing Authority

 

Present: Mr Richard Wormold QC (Counsel, representing the Applicant), Mr Alun Thomas (Solicitor, representing the Applicant), Ms Cosmina Stan (Asset Manager of the Applicant Company), PC Brian Lewis (Metropolitan Police) and Ms Daisy Gadd (Licensing Authority)

 

Basement, 21 Rupert Street, London, W1D 7PJ (“The Premises”)

19/09071/LIPN

 

1.

Sale by Retail of Alcohol – On Sales

 

Monday to Sunday: 10:00 to 03:00

 

Seasonal Variations/Non-Standard Timings:

 

An additional hour on the morning that British Summer Time commences.

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

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 London Trocadero (2015) LLP (“The Applicant”) for a new premises licence in respect of Basement, 21 Rupert Street, London, W1D 7PJ.

 

The Licensing officer introduced the application which was for a shadow licence on the exact same terms as the Premises licence. The Metropolitan Police were requesting that the application be adjourned and therefore the Sub-Committee would have to consider this preliminary issue before making a decision on the application.

 

PC Lewis, representing the Metropolitan Police, confirmed that they were requesting for the application to be adjourned. Following an extremely serious incident at the Premises on 25 August 2019 an expedited review had been held. The circumstances of the incident were clearly linked to failings at the Premises and were so serious it had led to the endangerment of members of the public. At the expedited review hearing held on 30 August 2019 the Sub-Committee decided to take the interim steps of suspending the Premises Licence. On 23 September 2019 a full review hearing was scheduled where the Police would be seeking a revocation of the licence in order to act as deterrent. If the licence was revoked on 23 September 2019 then there would be no licence to shadow, which was what was being applied for in the application before the Sub-Committee today. If this application was granted, then that would undermine the interim steps taken previously.

 

PC Lewis explained that there were concerns over whether in regard to the incident the Applicant had acted responsibly. This required further detailed discussion at the hearing on 23 September 2019 before a shadow licence should be granted. In terms of the City Council’s Statement of Licensing Policy (SLP) the granting of shadow licences were regarded as having the potential to undermine any sanctions imposed by a Sub-Committee. Therefore, the Police was of the opinion that it was vitally important to adjourn the application to a future date on the basis it was in the public interest to do so.

 

Mr Wormold, representing the Applicant, acknowledged that review  ...  view the full minutes text for item 3.

4.

The George & Dragon Public House, 151 Cleveland Street, London, W1T 6QN pdf icon PDF 876 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

4.

Marylebone High Street

Ward/ Not in

Cumulative Impact Area

The George & Dragon Public House

151 Cleveland Street

London

W1T 6QN

Premises

Licence Variation

19/09049/LIPV

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 19 September 2019

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:         Horatio Chance

Policy Adviser:         Aaron Hardy

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

                               

 

Relevant Representations:    Nine local residents (objecting)

 

Present: Mr Craig Bayliss (Solicitor, representing the Applicant), Mr Toby Pullen and Ms Suzanne Steer (local resident)

 

The George & Dragon Public House, 151 Cleveland Street, London, W1T 6QN (“The Premises”)

19/09049/LIPV

 

1.

Layout Alteration

 

The changes sought under this variation application are as follows:

 

  1. To relocate the toilet provision to the basement.
  2. To create a new entrance door.
  3. To increase the licensed area on the ground floor.

 

There are no changes sought to the operating schedule or licensable activities.

 

 

Amendments to application advised at hearing:

 

The Applicant confirmed to the Sub-Committee that the proposals would not increase the size of the licensable area on the ground floor.

 

 

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

 

The Sub-Committee considered an application by H Company 2 Ltd for a variation of a premises licence in respect of The George & Dragon Public House, 151 Cleveland Street, London, W1T 6QN.

 

The Licensing Officer introduced the application and confirmed that the Police had withdrawn their representation following the agreement of conditions with the Applicant.

 

Mr Bayliss, representing the Applicant, explained that the variation application before the Sub-Committee had been submitted by the freeholder and related to a small number of minor layout alterations. The previous licence had been operated by the former tenant but this had subsequently been taken back by the Applicant. There had been significant investment in the property to upgrade its facilities and this included providing new staff accommodation, installing a kitchen on the upper floor and a toilet in the basement. Mr Bayliss clarified that these layout alterations would not result in any increase in the licensable area on the ground floor. It was also acknowledged that the licence was old and therefore contained very few conditions on it. The Sub-Committee was advised that the Applicant had only recently been made aware of the issues around the operation of the Premises under the previous tenant. The new tenant due to take over the operation of the Premises had a good licensing history, had invested funds to renovate the property and would live on-site at the establishment. It was therefore in the tenant’s best interests to foster good working relationships with residents in the local area. A further reassurance was provided that if the tenant breached any of the conditions on the licence they would in turn be in breach of their lease obligations/covenants and therefore be removed as the operator of the Premises.

 

Mr Pullen, representing the Applicant provided details on the new tenant. It was explained the tenant had previously taken over, and significantly improved, an establishment in Clapham which had been causing concern to local residents. The tenant would be living on the Premises and was aware that relationships with local residents required improving.  ...  view the full minutes text for item 4.