Agenda and minutes

Licensing Sub-Committee (6) - Thursday 20th April, 2023 10.00 am

Venue: 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

Media

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.

20-24 Shaftesbury Avenue W1D 7EU pdf icon PDF 2 MB

 

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

*  West End

 

** None

20-24 Shaftesbury Avenue W1D 7EU

Shadow Licence

23/00396/LIPSL

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

Thursday 20 April 2023

          

Membership:   Councillor Maggie Carman (Chair),

             Councillor Concia Albert and Councillor Jacqui Wilkinson.

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Emanuela Meloyan

 

Other Parties:          Ms Lisa Sharkey - Poppleston Allen Solicitors (Solicitor for the Applicant), Mr Omar Aziz (Head of Asset Manager at Criterion Capital on behalf of the Applicant Trocadero (London) Hotel Limited), Mr Kevin Jackaman (Licensing Authority), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing The Soho Society) and Ms Marina Tempia (The Soho Society).

 

Application for a New Premises Licence (Shadow Licence) for 20-24 Shaftesbury Avenue, London W1D 7EU- 23/00396/LIPSL – Agenda Item 1

 

 

Premises 

 

Shadow Licence

20-24 Shaftesbury Avenue,

London

W1D 7EU

 

Applicant

 

Trocadero (London) Hotel Limited

 

Ward

 

St James’s

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone:

 

None

 

Proposed Licensable Activities and Hours

 

Sale of alcohol (both)

 

Monday to Saturday:  from 10.00 until 03.00

Sunday: from 12.00 to 22.30

 

Live music, performance of dance, anything similar (indoors)

 

Monday to Sunday:  from 09.00 until 03.00

 

Recorded music, (indoors)

 

Monday to Sunday:  from 00.00 until 00.00

 

LNR (indoors)

 

Monday to Saturday:  from 23.00 until 03.30

Sunday: from 23.00 to 03:00

 

Hours Premises are open to the Public

 

Monday to Saturday:  from 09.00 until 03.30

Sundays: from 09.00 until 03.00

 

New Year’s Eve / New Year’s Day and commencement of British Summer Time as set out in the conditions.

 

Summary of Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  The Applicant is seeking a ‘Shadow Licence’ on the same terms as an existing primary Premises Licence 22/04957/LIPDPS.

 

The Premises has the benefit of a secondary Premises Licence granted in June 2022. This permits the Premises to trade as a restaurant.  The licence sought will be a third premises licence for the same Premises. 

 

There is a resident count of 24 and there are no representations from the Metropolitan Police Force.

 

The primary Premises Licence is the subject of conditions on a Premises Licence for the Sky Bar and Lounge, Coventry Street (Conditions 65 and 66). The Sky Bar and Lounge is not yet trading but have a Premises Licence to allow trade subject to the primary Premises Licence for 20-24 Shaftesbury Avenue, being surrendered.

 

Representations Received

 

·       (Licensing Authority)

·       (Soho Society Residents Association)

 

Issues raised by Objectors

 

Licensing Authority

 

The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1 and RNT2.

 

The application is made by the freeholder of the premises for a ‘shadow’ licence of

22/04957/LIPDPS.

 

The Licensing Authority has reviewed the application against licence number

22/04957/LIPDPS and has noted that the application has not been made on the exact terms and conditions as the current issued licence.

 

The Soho Society

 

This licence was offered as one of the licences for surrender when Sky Bar and Lounge, Trocadero Hotel, applied for a 3am licence (21/06624/LIPN).  ...  view the full minutes text for item 1.

2.

Alberts Schloss, 20-24 Shaftesbury Avenue W1D 7EU pdf icon PDF 7 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

*  West End

 

** None

Alberts Schloss, 20-24 Shaftesbury Avenue     W1D 7EU

Variation to the Premises Licence

23/00414/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

Thursday 20 April 2023

          

Membership:   Councillor Maggie Carman (Chair),

             Councillor Concia Albert and Councillor Jacqui Wilkinson.

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Emanuela Meloyan

 

Other Parties:          Ms Lisa Sharkey - Poppleston Allen Solicitors (Solicitor for the Applicant), Mr Godfrey Russell (Director of Property at Mission Mars on behalf of Zecol Thomas Limited), Mr Kevin Jackaman (Licensing Authority), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing The Soho Society) and Ms Marina Tempia (The Soho Society), Councillor Tim Mitchell.

 

Application for a variation of a Premises Licence for Alberts Schloss, 20-24 Shaftesbury Avenue, London W1D 7EU- 23/00414/LIPV – Agenda Item 2

 

Premises: 

 

Albert Schloss

20-24 Shaftesbury Avenue,

London

W1D 7EU

 

Applicant

 

Zecol Thomas Limited

 

 

Ward

 

St James’s

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone:

 

None

 

Proposed Variation and Licensable Activities and Hours

 

1.     To vary the licensed areas from the sub-basement and basement to the ground floor and basement.

2.     To remove all conditions contained in annex 1 and 3

3.     To add new conditions with a new maximum capacity

4.     To add plays Mondays to Sunday 09.00 to 03.00

5.     To vary the current permitted hours for the sale of alcohol on Sundays to 10.00 to 00.00.

 

Summary of Application.

 

This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”).  The Applicant is seeking a variation of the existing Premises Licence.

 

The Premises already has the benefit of a café licence and subject to the outcome of Agenda item 1, the premises could also have a Shadow Licence which mirrors this primary Premises Licence in its current form.

 

The premises also has the benefit of a secondary Premises Licence granted June 2022. This permits the premises to trade as a restaurant.

 

The Applicant has withdrawn any changes to the existing capacity of the Premises and the request for a later terminal hour on Sundays. The Application relates to the ground floor and basement area of the Premises.

 

It should be noted that this current primary Premises Licence is subject of conditions on a Premises Licence for the Sky Bar and Lounge, Coventry Street (Conditions 65 and 66). The Sky Bar and Lounge is not yet trading but have a Premises Licence to allow trade until 03.30, subject to this Premises Licence 20-24 Shaftesbury Avenue, being surrendered.

 

However, the Shadow Licence will remain in place at Albert Schloss as this is not subject of the Premises Licence at The Sky Bar and Lounge.

 

There are no representations form the Metropolitan Police.

 

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone:

 

None

 

There is a resident count of 24

 

Representations Received

 

·       Ms Karyn Abbott (Licensing Authority)

·       Mr Ian Watson (Environmental Health Services)

·       PC Tom Stewart (Met Police – Withdrawn 7 March)

·       Ms Sarah O (Resident)

·       Councillor Tim Mitchell (St James’s Ward)

·       Ms Marina Tempia (Soho Society Residents Association)

 

Issues raised by Objectors

 

Licensing Authority

 

The  ...  view the full minutes text for item 2.

3.

Soho Original Adult Store, 12 Brewer Street. W1f 0SF pdf icon PDF 1 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

Core CAZ North

Soho Original Adult Store, 12 Brewer St, W1F 0SF

Variation of a Sex Establishment Licence

23/00824/LISEXV 

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

 

Thursday 20 April 2023

          

Membership:   Councillor Maggie Carman (Chair),

             Councillor Concia Albert and Councillor Jacqui Wilkinson.

                            

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Emanuela Meloyan

 

 

Other Parties:          Mr Tom Clark – National Retail Manager on behalf of the Applicant, Timothy Hemming

Tony Miah - City Inspector

Richard Brown (Citizens Advice Westminster) – on behalf of Soho Society

 

Application for a variation of a Sex Establishment Licence (Sex Shop) Licence for Soho Original Adult Store, 12 Brewer Street, London W1F 0SF - 23/00824/LISEXV

 

Decision

 

Premises: 

 

Soho Original Adult Store,

12 Brewer Street,

London

W1F 0SF

 

Applicant

 

Timothy Hemmings (ABS Holdings)

 

Ward

 

West End, Core CAZ North

 

Summary of Application

 

This is an application for the variation of the Sex Establishment Licence (Sex Shop) under para 18 of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, (as amended by the Policing and Crime Act 2009) for Soho Original Adult Store, 12 Brewer Street, London, W1F 0SF.

 

The Applicant is seeking a variation of the General Rules relating to management, conduct etc, in particular to vary the hours of closing from 00.00 to 01.00 am Mon-Sat.

 

POLICY

 

Central Activity Zone - CAZ North

 

Proposed Variation

 

The application is to vary the opening hours from 10:00 to 00:00 Monday to Saturday to 10:00 to 01:00 Monday to Saturday.

 

No changes to the Sunday hours have been proposed.

 

Representations Received

 

·       Tony Miah (Westminster City Inspector)

·       Alice Ferguson

·       Nick Clemmow

·       Marina Tempia (Soho Society)

·       Margaret Bloomer (St James’s Residences)

 

Issues raised by Objectors

 

The premises is likely to attract ASB and shoplifters therefore door supervisors are required from 21.00.

 

Late licences will increase crime, disorder and nuisance. There is a large number of licensed premises in the area already.

 

There is no justification to extend the hours past 00.00 as this already exceeds General Rules relating to Management and Conduct which restricts the hours to 23.00.

 

Policy and Legal Considerations

 

1.     Westminster City Council sex shop licence policy.

 

2.     Regulations made by the Westminster City Council under paragraph 13(1) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986 prescribing standard conditions for annual licences for sex establishments

effective from 27 June 1997 (as amended on 25 October 1999) (The Regulations)

 

3.     Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, (as amended by the Policing and Crime Act 2009)

 

 

SUBMISSIONS AND REASONS

 

The presenting officer, Emanuela Meloyan introduced the application and the parties involved.

 

Mr Clark on behalf of the Applicant, Mr Hemming explained the Applicant was abroad and that he has been authorised in writing to represent the Applicant and present the application.

 

Mr Clark advised the Committee that the application is to extend the length of trade on Mondays to Saturdays from 00.00 to 01.00. He explained that across their other 3 stores in London, staff wages have increased  ...  view the full minutes text for item 3.

4.

Basement And Ground Floor, 10 Golden Square W1F 9JA pdf icon PDF 6 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

* West End

 

** None

Basement and Ground Floor, 10 Golden Square W1F 9JA

New Premises Licence

23/00796/LIPN 

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

This application was adjourned by the Applicant.