Agenda and minutes
PDF 109 KBVenue: 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
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Membership To report any changes to the membership. Minutes: 1.1 There were no changes to the Membership. |
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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. Minutes: 2.1 There were no declarations of interest. |
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Street Trading - Isolated Pitch 1717, New Bond Street Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6 (“The Committee”)
Thursday 16th February 2023
Membership: Councillor Maggie Carman (Chair), Councillor Iman Less and Councillor Melvyn Caplan
Officer Support: Legal Adviser: Michael Carson Policy Officer: Daisy Gadd Committee Officer: Georgina Wills Presenting Officer: Sana Butt
Application to vary the designation resolution passed by the Council on 25 July 1990 to rescind the designation of Pitch 1717 New Bond Street
FULL DECISION
Pitch Designation
New Bond Street east footway, 4’ 6” from pedestrian cross push button pole, 18” from kerb edge.
Applicant
Westminster City Council’s Licensing Street Trading Team
Interested Parties
Victoria Munro Licence Holder, Wally Watson West End Street Trading Association, Nichola Kerr West End Street Trading Association and David Chambers West End Street Trading Association.
Ward
West End
Summary of Application
The Licensing Sub-Committee is asked to rescind the designating resolution for street trading Pitch 1717 New Bond Street as recommended by officers.
Representations Received
Three representations were received in support of the application (The Licence Holder, West End Street Trading Association and Highways Planning)
Policy Considerations
1. Street Trading Policy
a) Policy ST5 within the City of Westminster Statement of Street Licensing Policy relates to the designation and de-designation of street trading pitches. However, the Licensing Service requests that the committee consider this application as an exception to this policy.
Designation and De-designation- Policy ST5
(i) The Licensing authority will designate specific resolution for licensed street trading.
(ii)The Licensing authority may de-designate pitches that are no longer suitable for licensed street trading.
(iii) The Licensing authority will not designate any new isolated street trading pitches, apart from in exceptional circumstances.
Policy ST5(2) states that the Licensing authority may, subject to the appropriate consultation and notification procedures, de-designate street trading pitches where in the opinion of the licensing authority, they are no longer suitable for street trading. The circumstances under which a location may be considered not suitable include:
(a) It has not been used for trading for a period of greater than six months; (b) There has been altered circumstances due to the increased pedestrian footfall resulting from altered highways layouts, public realms improvements or construction projects; (c) Where there is new development and the siting and operation of the trading pitch would adversely affect local pedestrian flow or cause congestion, including close to the transport stops or stations.
SUBMISSIONS AND REASONS
Ms Sana Butt, the Presenting Officer, introduced the application. She advised that the Licence Holder, the West End Street Trading Association and Highways Planning were in support of the application.
Mr David Chambers, West End Street Trading Association, briefly outlined the history of the designation of this particular pitch. He confirmed that the West End Street Trading Association supported the application to vary the designation resolution passed by the Council on 25 July 1990 to rescind the designation of Pitch 1717 New Bond Street. The Sub-Committee noted that there were no objections to the application.
Having carefully considered the committee papers and the submissions made ... view the full minutes text for item 1. |
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Street Trading - Isolated Pitches 1612 and 1736 Villiers Street
Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6 (“The Committee”)
Thursday 16th February 2023
Membership: Councillor Maggie Carman (Chair), Councillor Iman Less and Councillor Melvyn Caplan
Officer Support: Legal Adviser: Michael Carson Policy Officer: Daisy Gadd Committee Officer: Georgina Wills Presenting Officer: Sana Butt
Application to vary the designation resolution passed by the Council on 25 July 1990 to rescind the designation of Pitch 1736 and vary the designation of Pitch 1612 Villiers Street
FULL DECISION
Pitch Designation
On the west side near the junction with the Strand 32’ from back of Strand footway commencing L20' x W: 9' (L: 6.1m x W: 2.7m).
Applicant
Westminster City Council’s Licensing Street Trading Team
Interested Parties
Albert Palmer Licence Holder for Pitch 1736, Terry Palmer – Licence Holder for Pitch 1612, Wally Watson West End Street Trading Association, Nichola Kerr West End Street Trading Association and David Chambers West End Street Trading Association.
Ward
St James
Summary of Application
The Licensing Sub-Committee is asked to rescind the designating resolution for street trading Pitch 1736 on Villiers Street and vary the designating resolution for Pitch 1612 on Villiers Street as recommended by officers.
Representations Received
Three representations were received in support of the application (The Licence Holder, West End Street Trading Association and Highways Planning)
Policy Considerations
1. Street Trading Policy
a) Policy ST5 within the City of Westminster Statement of Street Licensing Policy relates to the designation and de-designation of street trading pitches. However, the Licensing Service requests that the committee consider this application as an exception to this policy.
Designation and De-designation- Policy ST5
(i) The Licensing authority will designate specific resolution for licensed street trading.
(ii)The Licensing authority may de-designate pitches that are no longer suitable for licensed street trading.
(iii) The Licensing authority will not designate any new isolated street trading pitches, apart from in exceptional circumstances.
Policy ST5(2) states that the Licensing authority may, subject to the appropriate consultation and notification procedures, de-designate street trading pitches where in the opinion of the licensing authority, they are no longer suitable for street trading. The circumstances under which a location may be considered not suitable include:
(a) It has not been used for trading for a period of greater than six months; (b) There has been altered circumstances due to the increased pedestrian footfall resulting from altered highways layouts, public realms improvements or construction projects; (c) Where there is new development and the siting and operation of the trading pitch would adversely affect local pedestrian flow or cause congestion, including close to the transport stops or stations.
SUBMISSIONS AND REASONS
Ms Sana Butt, the Presenting Officer, introduced the application. She advised that the Licence Holder, the West End Street Trading Association and Highways Planning were in support of the application.
Mr David Chambers, West End Street Trading Association, briefly outlined the history of the designation of this particular pitch. He confirmed that the West End Street Trading Association supported the application to vary the designation resolution passed by ... view the full minutes text for item 2. |
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Yole Ice Cream, Ground Floor, 74 Shaftesbury Avenue, W1D 6NB Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6 (“The Committee”)
Thursday 16th February 2023
Membership: Councillor Maggie Carman (Chair), Councillor Iman Less and Councillor Melvyn Caplan
Officer Support: Legal Adviser: Steve Burnett Policy Officer: Daisy Gadd Committee Officer: Georgina Wills Presenting Officer: Kevin Jackaman
Other Parties: Mr Shamim Mia (the Applicant) Mr Abudulla Fasall (The
Premises Manager) Environmental Health Service (Sally Fabbricatore) Licensing Authority (Karyn Abbott)
Application for a New Premises Licence - Yole Ice Cream, Ground Floor, 74 Shaftesbury Avenue, London W1D 6NB – 22/11453/LIPN
FULL DECISION
Premises:
Yole Ice Cream, Ground Floor, 74 Shaftesbury Avenue, London W1D 6NB
Applicant
Mr Shamim Mia
Ward
St. James’s Ward
Cumulative Impact Area (CIA)
West End
Special Consideration Zone
N/A
Proposed Licensable Activities and Hours
Late Night Refreshment (Indoors)
Monday to Sunday: 23.00 to 01.00 hours
Hours Premises are open to the Public
Monday to Sunday: 11.00 to 01.00 hours
Summary of Application
This is an application is for a new premises licence under the Licensing Act 2003 (“The Act”). The application seeks to permit the premises to sell low sugar ice cream and frozen yogurt treats to eat in or take out. The premises will only sell hot drinks and hot waffles and there will be no deliveries.
There is a presumption to refuse the application unless an exception to policy is made and the Applicant shows that the application will not add to the cumulative effect in the area.
There is a resident count of 98.
Representations Received
· Environmental Health Service (Sally Fabbricatore) · Licensing Authority (Karyn Abbott)
The Environmental Health Service (EHO) objects as thegranting of the Premises Licence as presented would have the likely effect of causing an increase in Public Nuisance in the CIA and may impact on Public Safety.
The Licensing Authority notethe premises is located within the West End CIA and as such various policy points must be considered, namely CIP1, HSR1 and FFP1.
Policy Considerations
Due to the nature of the premises this application falls within Westminster’s FFP1 (b, c, d) Policy that states.
B. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone other than:
1. Applications to vary the existing licence hours within the council’s Core Hours Policy HRS1, and/or, 2. Applications that seek to vary the existing licence so as to reduce the overall capacity of the premises.
C. The applications referred to in Clause B1 and B2 will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The operation of any delivery services for alcohol and/or late night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
3. The application and operation of the venue continuing to meet the definition of a Fast-Food Premises in Clause D.
D. For the purposes of this policy a Fast-Food Premises is defined as:
1. A premises that provides late night refreshment, either by way of fast food over a ... view the full minutes text for item 3. |
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Pachamama Bar and Kitchen, 18 Thayer Street, W1U 3JY Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6 (“The Committee”)
Thursday 16th February 2023
Membership: Councillor Maggie Carman (Chair), Councillor Iman Less and Councillor Melvyn Caplan
Officer Support: Legal Adviser: Steve Burnett Policy Officer: Daisy Gadd Committee Officer: Georgina Wills Presenting Officer: Kevin Jackaman
Other Parties: Mr Alun Thomas (Thomas and Thomas Solicitors on behalf of CRG London Ltd (the Applicant)
Lunara Bramley Fenton and Iskandarbek Naribekov (on behalf of the Applicant)
Mr Richard Brown - Citizens Advice Westminster (On behalf of the residents)
David Williams - resident Gillian Pickering - resident
Application for a Variation of a Premises Licence – Pachamama Bar and Kitchen, 18 Thayer Street, Mayfair, London, W1U 3JY – 22/11544/LIPV
FULL DECISION
Premises:
Pachamama Bar and Kitchen, 18 Thayer Street, Mayfair, London, W1U 3JY
Applicant
CRG London Limited
Ward
Marylebone
CIZ or SCZ
None
Summary of Application
This is an application for a variation of premises licence under the Licensing Act 2003 (“The Act”).
The application seeks to amend the layout on the current approved plans and to insert the new plan number in an existing condition:
9. Save for the Bar area (as shown on the plan, 9962LIREV2, dated 15.06.2010) alcohol shall only be served to persons seated at tables and the service of alcohol shall be by way of waitress/waiter service only and ancillary to a table meal.
To:
9. Save for the Bar area (as shown on the plan, PMC P101 P1, dated 31/01/2023) alcohol shall only be served to persons seated at tables and the service of alcohol shall be by way of waitress/waiter service only and ancillary to a table meal.
There is a resident count of 172.
The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
Issues raised by Objectors
The original application sought an extension of hours and increase seating. This attracted a substantial number of local residents’ representations. This aspect of the application was subsequently withdrawn.
There remain objections to the plan changes on the basis of the premises being now presented as a bar which conflicts with the basis on which the Licensing Sub-Committee originally granted the Premises Licence.
Policy Considerations
None
SUBMISSIONS AND REASONS
Mr Thomas on behalf of the Applicant informed the Committee that the Applicant altered the layout of the Premises and believed the changes had been approved.
The changes consist of the relocation of a bar servery and reception desk, and to amend a condition to detail the new plan number if the application is granted. The changes have been in place for 10 years.
There have been issues at the Premises which are part of separate discussions.
Mr Brown on behalf of the residents confirmed to the Committee that prior to 2014 the premises was rarely problematic, and they worked with the operator. The residents state that since the unauthorised change to the layout in 2014, there have been issues. This can only be ... view the full minutes text for item 4. |
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Fifth and Sixth Floor, 64 North Row, W1K 7DA Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6 (“The Committee”)
Thursday 16th February 2023
Membership: Councillor Maggie Carman (Chair), Councillor Iman Less and Councillor Melvyn Caplan
Officer Support: Legal Adviser: Steve Burnett Policy Officer: Daisy Gadd Committee Officer: Georgina Wills Presenting Officer: Kevin Jackaman
Other Parties: Mr Heath Thomas (Harrison Clarke Rickerbys Limited Solicitors on behalf of One Avenue Park Lane Limited (the Applicant)
Mr David Nevitt – Environmental Heath
Mike Dunn – New Hereford House Residents Association and Mr Richard Brown - Citizens Advice Westminster
Application for a New Premises Licence – Fifth and Sixth Floor, 64 North Row, London W1K 7DA – 22/11509/ LIPN
FULL DECISION
Premises:
Fifth and Sixth Floor, 64 North Row, London W1K 7DA
Applicant
One Avenue Park Lane Limited
Ward
West End
Cumulative Impact Zone
None
Special Consideration Zone
None
Summary of Application
This is an application is for a new premises licence under the Licensing Act 2003 (“The Act”). The application seeks to permit the sale of alcohol on 5th & 6th Floor of 64 North Row, London.
They provide a dedicated onsite support team, a full concierge service and bespoke spaces tailored to clients. They include a VIP Lounge Area, multiple boardrooms and kitchen / cafe area.
The Premises is located within the West End Ward, but not within the Special Consideration Zone or a Cumulative Impact Zone.
There is a resident count of 176.
The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
Proposed Licensable Activities and Hours
Sale of Alcohol (on)
Monday to Sunday 08:00 to 22:00 hours
Hours Premises are open to the Public
N/A
Representations Received
· Environmental Health: Maxwell Koduah
· New Hereford House Residents Association: Mike Dunn
· Residents
o Charles Godwin
o Toral Odedra
o Raj Odedra
o Karen Mawson
Issues raised by Objectors
EHO states: As presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the Edgware Cumulative Impact area.
New Hereford House Residents’ Association states: Objecting on the grounds of nuisance, specifically light pollution.
Residents state: concerned about privacy (windows at 64 do not all have blinds), and noise, mostly when people leave 64 by North Row exit.
The office already leaves the lights on all night which is disturbing.
There will be lights on at the site which will affect them until late in the night. Light pollution is a big problem from the site. People in the building will be able to look directly into their flat. The proposed site is an office building and a license for serving alcohol is completely inappropriate and I hope the council will reject it.
Policy Considerations
PB1
A. Applications outside the West End Cumulative 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 being within the council’s Core Hours Policy HRS1. |
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Lockhouse, 3 Merchant Square, City of Westminster, W2 1AZ Additional documents:
Minutes: WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6 (“The Committee”)
Thursday 16th February 2023
Membership: Councillor Maggie Carman (Chair), Councillor Iman Less and Councillor Melvyn Caplan
Officer Support: Legal Adviser: Steve Burnett Policy Officer: Daisy Gadd Committee Officer: Georgina Wills Presenting Officer: Kevin Jackaman
Other Parties: Mr James Anderson (Poppleston Allen Solicitors) on behalf of Young & Co’s Brewery PLC (the Applicant)
John St John – Operations Manager for the Applicant Daithi Mayston King – General Manager and DPS
Mr David Nevitt – Environmental Heath
Mr Richard Brown - Citizens Advice Westminster representing Michael Clarke, Paddington Waterways & Maida Vale Society (PWMVS) and South East Bayswater Residents Association (SEBRA)
John Zamit - SEBRA
Application for a Variation of a Premises Licence – Lockhouse, 3 Merchant Square, City of Westminster, London W2 1AZ – 22/11910/LIPV
FULL DECISION
Premises:
Lockhouse, 3 Merchant Square, City of Westminster, London W2 1AZ
Applicant
Young & Co’s Brewery PLC
Ward
Hyde Park
Cumulative Impact Zone
None
Special Consideration Zone
None
Summary of Application
This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). The Premises operates as a public house and restaurant and has the benefit of an existing Premises Licence. (Page 140 of the Committee main bundle)
This variation application seeks to permit the following:
1. Remove Condition 46 below
No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
2. Amend condition 21 to Patrons permitted to temporarily leave and re-enter the premises shall be limited to 20 persons with a maximum of 10 persons each in two separate designated smoking areas.
3. Amend condition 47 to The consumption of alcohol outside the building will be restricted to customers who are seated.
The Premises are located within the Hyde Park Ward but not within the Special Consideration Zone or Cumulative Impact Zone.
There is a resident count of 98.
The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
Proposed Variation
1. Delete Condition 46 on the existing Premises Licence, namely:
No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
2. Amend condition 21 on the existing Premises Licence from:
21. Patrons permitted to temporarily leave and then re-enter the premises shall be limited to 10 persons and those wishing to smoke shall be directed to the designated smoking area defined on the licence plan
To: Patrons permitted to temporarily leave and re-enter the premises shall be limited to 20 persons with a maximum of 10 persons each in two separate designated smoking areas.
3. Amend condition 47 ... view the full minutes text for item 6. |
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