Agenda and minutes

Licensing Sub-Committee (6) - Thursday 19th October, 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: 0779098018

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

1.1           It was noted that there were no changes to the membership.

1.2           Councillor Tim Mitchell (Ward Councillor for Item 1)

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.

Minutes:

2.1       There were no declarations of interest.

1.

Silvertime, 32 Gerrard Street, W1D 6JA pdf icon PDF 19 MB

Ward


Site Name & Address

Application
Type

Licensing Reference No.

St James’s

 

*

**

Silvertime

32 Gerrard Street

W1D 6JA

 

Gambling Act Variation

23/02889/LIGV

* Cumulative Impact Area: N/A
** Special Consideration Zone: N/A

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 6 (“The Committee”)

 

19 October 2023

 

Membership: Councillor Robert Eagleton (Chair) and Councillor Concia Albert and Councillor Melvyn Caplan

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Application for variation of a Gambling Premises Licence in respect ofSILVERTIME, 32 GERRARD STREET LONDON W1D 6JA -  23/02889/LIGV

 

Present: 

 

Philip Kolvin QC (Legal Representative, Silvertime Amusement Limited), Chris Rees-Gay and Andrew Woods (Legal Representative, Silvertime Amusement Limited),

Ed Reed (Owner and Director, Silvertime Amusement Limited),

Phil Wheeler (Compliance Manager, Silvertime Amusement Limited),

Meto Parmachki – (Operations Director, Silvertime Amusement Limited)

Nick Mason - Witness

 

 

Karyn Abbott (Licensing Authority),  

 

Freya Aitken-Turff - China Exchange

Councillor Tim Mitchell representing Lucy Tse-Mitchell - Chinatown Stakeholders Group. 

Edmond Yeo – Chinese Information and Advice Centre

Richard Brown for David Tse & Kay Man

 

Full Decision

 

Premises

 

Silvertime, 32 Gerrard Street, London W1D 6JA

 

Applicant

 

Silvertime Amusement Limited

 

Ward

 

St James's

 

Summary of Application

 

This is an application for a variation of a Premises Licence under section 187 of the Gambling Act 2005 (“The Act”). The Premises operates as an Adult Gaming Centre (AGC) on a ground floor premises.

 

1.     The Applicant has applied to extend their time of trade to 08.00 until 03.00 Mondays to Sundays.

 

2.     To amend condition 20 to:

 

Between 18:00 and 03:00 the following morning there will be an SIA licensed door supervisor employed at the front entrance to the premises. The need for an SIA door supervisor at other times will be risk assessed. They shall display their licence at all times in a yellow high visibility arm band.

 

3.     To remove:

 

No facilities for gambling shall be provided on the premises between the hours of midnight and 9am the following day.

 

There is a resident count of 146.

 

Representations received

 

  • Licensing Authority
  • Lucy Tse-Mitchell - Chinatown London Stakeholder's Committee
  • Kay Man
  • Edmond Yeo - Chairman of the Chinese Information and Advice Centre
  • David K.S Tse

 

Summary of issues raised by objectors

 

The Licensing Authority maintained their representations on the grounds the granting the application would not protect children and other vulnerable persons from being harmed or exploited by gambling and breach of the Westminster City Xouncil Pleasure Fairs (Amusement Premises) Bye Law.

 

Interested Parties had maintained their representations on the grounds contained within the 2005 Act namely:

 

·       Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.

·       Protecting children and other vulnerable persons from being harmed or exploited by gambling.

 

An extension will have a detrimental impact on the centre of Soho and that the increase in hours is not suitable for the area and will have a negative impact on Chinatown and tourism.

 

Operating between midnight and 3am and then opening again at 8am will target vulnerable individuals.

 

The harm caused by gambling addiction to an individual, their family, and the communities to which they belong, and the potential associated antisocial behaviour is  ...  view the full minutes text for item 1.

2.

Foodwise Express, 6 Norfolk Place, W2 1QN pdf icon PDF 1 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Hyde Park

 

* None

 

** None

 

Foodwise Express

6 Norfolk Place

W2 1QN

 

Premises Licence Variation

23/04048/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

 

Thursday 19 October 2023

 

          

Membership:           Councillor Robert Eagleton (Chair) and Councillor Concia Albert and Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Kevin Jackaman

 

Others present:       Jack Spiegler (Solicitor, Thomas & Thomas), Asif Gul (Applicant),

 

Kudzy Mondhiani (Environmental Health Service) and Richard Brown (Solicitor, Westminster’s Citizens Advice), representing Susie Burbridge (Hyde Park Estate Association and South East Bayswater Resident Association) and John Zamit (South East Bayswater Resident Association).

 

Application for Variation of Premises Licence in respect of Foodwise Express, 6 Norfolk Place, London, W2 1QN - 23/04048/LIPV

 

                                           Full Decision

                                                    

Premises

 

Foodwise Express

6 Norfolk Place

London W2 1QN

 

Applicant

 

Mr Asif Gul

 

Ward

 

Hyde Park

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

 

 

 

 

Activities and Hours applied for:

 

·       To vary the hours for Sale by Retail of Alcohol

Monday to Saturday 08:00 to 00:00 hours

 

·       To vary the opening hours to Monday to Saturday 08:00 to 00:00 hours

 

Summary of Application

 

This is an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”).   The Premises currently operate as a retail shop with an off-sales licence.  This application proposes to vary the permitted terminal hour for the sale of alcohol to midnight on Monday to Saturday.  There will be no change to Sunday. 

 

The Premises has had the benefit of a Premises Licence since 2020. 

 

There is a resident count of 249. 

 

Representations Received

 

Environmental Health Service

34 representations from local residents (in support) including.

Councillor Patrick Lilley (in his capacity as a local resident)

 

Hyde Park Estate Association (Against)

South East Bayswater Association (SEBRA)(Against)

 

Issues raised by Objectors (Against)

 

·       The hours requested will have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.

·       The area is mainly residential with only a few commercial shops.

·       The Premises is likely to become a destination point for non-locals, hotel visitors, rough sleepers and late-night commuters.

·       Potential noise nuisance and anti-social behaviour.

·       Detrimental to the Licensing Objectives.

·       It is a challenging task keeping the balancing act with both commercial and residential happy – 23:00 hours meet this balance.

 

Issues raised by Objectors (support)

 

·       Professionally managed Premises

·       It will be beneficial to the local area.

·       No concerns about trouble, crime or nuisance.

 

Policy Position/Considerations

 

HRS1 and SHP1

 

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the application to the Committee. 

 

Mr Jack Spiegler (Solicitor, Thomas & Thomas), outlined the application along with Mr Asif Gul (Applicant). 

 

The Committee was advised that the application proposes to vary the permitted terminal hour for the sale of alcohol by 1 hour to midnight on Monday to Saturday.  There would be no change on Sunday. 

 

Mr Spiegler emphasised that there had been no representations from the Licensing Authority or the Metropolitan Police Force and how Mr Gul was a very community minded businessman with a proven track  ...  view the full minutes text for item 2.

3.

8-10 Grosvenor Gardens, SW1W 0DH pdf icon PDF 20 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Knightsbridge and Belgravia

 

* None

 

** None

 

8-10 Grosvenor Gardens

SW1W 0DH

 

New Premises Licence

23/04220/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 19 October 2023

 

Membership:Councillor Robert Eagleton (Chair) and Councillor Concia Albert and Councillor Melvyn Caplan.

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Kevin Jackaman

 

Others present:       Luke Elford (Solicitor, John Gaunt & Partners), Victoria Morrison (Operations Director for the Applicant) and Sally Fabbricatore (Environmental Health Service)

 

Application for a New Premises Licence in respect of 8-10 Grosvenor Gardens, London, SW1W 0DH - 23/04220/LIPN

 

                                            Full Decision

Premises

 

8-10 Grosvenor Gardens

London SW1W 0DH

 

Applicant

 

X & Why Limited

 

Ward

 

Knightsbridge and Belgravia

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Sale by Retail of Alcohol on Sales

Monday-Friday: 11:00 - 22:00 hours

 

Films

Monday-Friday: 11:00 - 22:00 hours

 

 

Hours Premises Are Open to the Public

Monday-Friday: 11:00 – 22:00 hours

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).   The Premises is a members’ workspace located within the newly redeveloped building at 8 – 10 Grosvenor Gardens. The Applicant will be occupying the whole building and offers members’ workspaces for businesses seeking flexible working. This includes private offices, dedicated desks, or hot desks to business members. Membership costs are all-inclusive and include the space, furniture, utilities, maintenance, and use of meeting rooms.

 

The Applicant has provided the following submissions:

• Amended hours and licensable activities

• Amended list of conditions

• A brochure • Correspondence with the Environmental Health Service

• Mediation with the interested parties

 

Representations Received

 

Environmental Health Service

Four Local Residents (one withdrawn)

 

Issues raised by Objectors

 

·       The hours requested will have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.

·       Very near residential amenity.

·       Car parking/car noise.

 

Policy Position/Considerations

 

HRS1 and PB1

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the application to the Sub-Committee. 

 

Mr Luke Elford (Solicitor, John Gaunt & Partners), outlined the application along with Ms Victoria Morrison (Operations Director, for the Applicant).  He advised that the Applicant provided high quality office space to individuals and office tenants in the third sector.  He referred to the Brochure contained in the Agenda Pack and how the Applicant had several Premises all over the country including another site in Westminster in Greater Cumberland Street.  He advised that the original application had requested to operate within Westminster’s Core Hours Policy however during the consultation period the Applicant had significantly reduced the hours to Monday to Friday until 22:00 hours with no activities taking place during the weekend. He referred to the schedule of proposed conditions which included MC81 the works conditions. 

 

Mr Elford explained that activities/events taking place would be drinks/nibbles and occasionally an event where a talk is given by a notable person in the charity sector, followed by networking drinks.  He advised there would be no high-energy events and that this Premises was never intended to be a  ...  view the full minutes text for item 3.