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Agenda and draft minutes

Venue: Room 18.01-03, 18th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6QP

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 the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

1.

6 Brewer Street, London, W1F 0SB pdf icon PDF 11 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

West End Ward / West End

Cumulative Impact Area

6 Brewer Street

London

W1F 0SB

New Premises Licence

19/12383/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 5 December 2019

 

Membership:              Councillor Karen Scarborough (Chairman) and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Environmental Health Service, Licensing Authority, The Soho Society and nine residents.

 

Declaration of Interest:               Kerry Simpkin advised that he managed and volunteered for the Soho Angels.

 

Present: Alun Thomas (Solicitor, representing the Applicant), Philip Thompson, Aasim Choudry, Nick Lawson, Adrian Studd (representing the Applicant Company), Karyn Abbott (Licensing Authority), PC Bryon Lewis (Metropolitan Police Service), Ian Watson (Environmental Health Service), Richard Brown (CAB representing Dee Rissik, Conrad Roebber and The Soho Society), Conrad Roeber (local resident) and David Glesson (Soho Society)

 

6 Brewer Street, London, W1F 0SB

(“The Premises”)

19/12383/LIPN

 

1.

Sale by Retail of Alcohol – On the Premises

 

Monday to Saturday: 10:00 to 03:00

Sunday: 12:00 to 22:30

 

Seasonal Variations / Non-Standard Timings:

 

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

 

These hours to be extended by one hour on the morning that British Summer Time Commences.

 

On Sundays immediately prior to bank holidays: 12:00 to 03:00

 

 

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 Soho Estates Limited (“The Applicant”) for a new Premises licence in respect of 6 Brewer Street, London, W1F 0SB.

 

The Presenting officer introduced the application.  He advised that the Licensing Authority and the Environmental Health Service had maintained their representations on policy grounds.  He further advised that the Soho Society and nine local residents had also made representations against the application.  He confirmed that the Police had withdrawn their representation as conditions had been agreed with the Applicant and that PC Lewis was at the hearing on the request of the Chairman as the Police had withdrawn their representation less than 24 hours before the hearing.  The Sub-Committee noted that the Premises are in the West End Ward and the West End Cumulative Impact Area.

 

Mr Thomas, Solicitor, representing the Applicant, advised that the Sub-Committee had before it an application for a new Premises licence for a night club.  The Applicant had applied for regulated entertainment and was seeking topermit late night refreshments indoors between the hours of 23:00 to 03:30 Monday to Saturday.  It was also proposed for the sale of alcohol (on the Premises) to be permitted between 10:00 to 03:00 Monday to Saturday and 12:00 to 22:30 on Sundays. The Sub-Committee noted that the two existing Premises licences would be surrendered prior to the new licence taking effect. 

 

Mr Thomas gave a detailed presentation about the history of the area, the current venues operating in the neighbourhood, the two existing Premises licences for 6 Brewer Street and Madame JoJo’s.  He briefly advised of the public outcry when Madame JoJos had been closed after a Licensing Sub-Committee Review Hearing.  Mr Thomas then explained how  ...  view the full minutes text for item 1.

2.

Grosvenor Square Gardens, Grosvenor Square, London, W1K 6LD pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

West End Ward /Not in Cumulative Impact Area

Grosvenor Square Gardens

Grosvenor Square

London

W1K 6LD

New Premises

Licence

 

19/100058/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 5 December 2019

 

Membership:              Councillor Karen Scarborough (Chairman) and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Environmental Health Service and 5 Local residents.

 

Present: Matthew Phipps (Solicitor, representing the Applicant), Robert Dudley (Applicant), Gary Grant (Barrister), Chrissy Cullen and Marietjie Donaldson (Grosvenor West End Properties), Dave Nevitt (Environmental Health Service), Richard Brown (CAB Project Officer) and Belinda Harvey (local resident)

 

Grosvenor Square Gardens, Grosvenor Square, London, W1K 6LD

(“The Premises”)

19/10699/LIPN

 

1.

Sale by Retail of Alcohol – On and off the Premises

 

Monday to Sunday: 12:00 to 20:00

 

Seasonal Variations / Non-Standard Timings:

 

None

 

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 Grosvenor West End Properties (“The Applicant”) for a new Premises licence in respect of Grosvenor Square Gardens, Grosvenor Square, London, W1K 6LD.

 

The Presenting officer introduced the application.  He advised that the Police had withdrawn their representation as conditions had been agreed with the Applicant. He further advised that Environmental Health had maintained their representation on policy grounds and 5 local residents had also made representations against the application.  The Premises are located in the West End Ward but not in a Cumulative Impact Area.

 

 

 

Mr Matthew Phipps, representing the Applicant, advised that this was an application for a new Premises licence permitting the use of the gardens for various events for a maximum of 68 days per calendar year.  The Sub-Committee noted that a licence had previously been granted for a period of 12 months for similar but not identical activities to see how the Applicant managed the Square and promoted the licensing objectives for the licensable activities granted.  Mr Phipps gave details of how Grosvenor Estates had actively engaged with the Responsibility Authorities and Resident Associations regarding this new application.

 

Mr Phipps advised that Grosvenor Estate had been in business for over 300 years and maintained a good reputation.  He handed the Sub-Committee a glossy brochure outlining the events that had been successfully held in the Square during the last 12 months whilst promoting the licensing objectives.  He emphasised that with the proposed agreed conditions on the new licence the Grosvenor Estate would continue to promote the licensing objectives.  Mr Phipps advised that Grosvenor Square Gardens was a much-loved amenity for local residents, workers and the large number of tourists that visited London.  He discussed with the Sub-Committee that the September 11th Memorial and the green space surrounding it would not suffer or be misused whilst events were being held in the Gardens.  He referred to proposed conditions 28 and 34 that allowed the Police to veto any events following notification and cease all licensable activities at the events. 

 

Mr Phipps referred to the Premises Licence Application Indicative Event Categories (Categories A-D) and outlined that Grosvenor Estates intended to: hold a wide variety of events for all different  ...  view the full minutes text for item 2.

3.

Harmony, 109 Oxford Street, London, W1D 2HH pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

West End Ward / Central CAZ

Harmony 109 Oxford Street London W1D 2HH

Sexual

Entertainment

Venue Licence

19/13351/LISEXN

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 5th December 2019

 

Membership:              Councillor Karen Scarborough (Chairman) and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:  Sarah Craddock

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         None

 

Present: Mr Leon Charalambides (Barrister representing the Applicant) and Mr Steven Elvins (Applicant)

 

Harmony 109 Oxford Street, London W1D 2HH

19/13351/LISEXN

1.

Application for a new Sex Establishment Licence

 

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 Harmony Limited for a new Sex Establishment Premises licence in respect of Harmony, 109 Oxford Street, W1D 2HH. 

 

The Sub-Committee noted that the Premises were located in Oxford Street that was predominately retail and very busy with tourists and shoppers, there were no schools within 300 metres of the Premises and there were 10 licensed sex shop Premises located within a 500 radius of these Premises.

 

The Sub-Committee also noted that there were no objections to the application from any of the Responsible Authorities. 

 

The Sub-Committee has a duty to consider each application on its individual merits. The Sub-Committee after carefully considering the evidence before it and Human Rights granted the application accordingly with the standard conditions imposed on the licence.

 

 

 

 

Conditions attached to the Licence

 

PART I – GENERAL

 

Definitions

 

1 In these rules, unless the context otherwise requires:

 

‘Approval of the Council’ or ‘ Consent of the Council’ means the approval or consent of the Council in writing.

 

‘Approved’, ‘accepted’, or ‘permitted’ means approved, accepted or permitted by the Council in writing.

 

‘Approved arrangements’ means the arrangement of the premises, fittings, installations and all other things in connection therewith as approved by the Council.

 

‘Council’ means Westminster City Council.

 

‘Escape lighting’ (safety lighting) means lighting, obtained from a source independent of the general supply for the building, provided to assist the public and staff to leave the premises without the aid of normal lighting.

 

‘Film exhibition’ has the meaning described in Section 21 of the Cinemas Act 1985.

 

‘Licensee’ means the holder of a sex establishment licence.

 

‘Non-combustible’ material means material which is deemed to be non-combustible when tested in accordance with the provisions of British Standard 476: Part 4, or such other material or combination of materials as the Council accepts as being non-combustible for the purpose of these rules.

 

‘Officer’ means any person authorised in writing by the Council. (This may include officers of the London Fire and Civil Defence Authority).

 

‘Premises’ means any premises within the Council’s area licensed as a sex establishment and includes all installations, fittings and things in connection therewith.

 

‘Sex Establishment’, ‘Sex Cinema’, ‘Sex Shop’, ‘Sex Encounter Establishment’ and ‘Sex Article’ shall have the meanings ascribed to them in the Third Schedule to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986.

 

Dispensation or modification of rules

 

2.

(a)

 (b)

 

 

(c)

These rules may be dispensed with or modified by the Council  ...  view the full minutes text for item 3.