Agenda and minutes

Licensing Sub-Committee (6) - Thursday 16th November, 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 reported that there were no membership changes.

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.

Street Trading - Bell Street Market pdf icon PDF 958 KB

Ward

Site Name & Address

Application
Type

Licensing Reference No.

Church Street

 

Street Trading – Bell Street Market

 

 

 

Cumulative Impact Area: N/A

Special Consideration Zone: N/A

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

 

Thursday 16 November 2023

 

Membership:           Councillor Robert Eagleton (Chair), Councillor Judith Southern and Councillor Tim Mitchell

                               

Officer Support:       Legal Advisor:         Michael Carson

                                Policy Advisor:         Vanouhi Petrosyan

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Bushara Hamida

 

 

Application to rescind the designating resolution for designated market namely Bell Street Market

 

 

FULL DECISION

 

Pitch Designation

 

Bell Street Market is “from Edgware Road east side building line to party line of the Salvation Army Hall and No. 48 Bell Street”. Bell Street Market is comprised of 4 pitches numbered 859 to 862 inclusive.  Bell Street Market has not been licensed for in excess of 10 years.

 

Applicant

 

Westminster City Council’s Licensing Street Trading Team

 

Ward

 

Church street

 

Summary of Application

 

The Licensing Sub-Committee is asked to rescind the designating resolution for designated market namely Bell Street Market as recommended by officers.

Representations Received

 

Two representations were received, one having no objection (The Metropolitan Police) and the other making no comment as it had no interest in the market  (West End Street Trading Association)

 

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 Bushara Hamida, the Presenting Officer, introduced the application. 

 

Ms Hamida confirmed that the Licensing Service had received a ‘no objection’ comment from the Metropolitan Police and that no comments had been received from the Highways Authority.  She further added that the West End Street Trading Association had confirmed that they had no representations to make in respect of the Council’s proposals to rescind the designation for Bell Street Market.

 

Ms Hamida advised that the original designation had been determined by the Licensing Sub Committee and therefore the rescinding of the designating resolution  should also be determined by the Licensing Sub Committee.

 

The Sub-Committee noted  ...  view the full minutes text for item 1.

2.

Street Trading - Isolated Pitch 1677 Hill's Place pdf icon PDF 1 MB

Ward

Site Name & Address

Application
Type

Licensing Reference No.

West  End

 

Street Trading – Isolated Pitch 1677 Hill’s Place

 

 

 

Cumulative Impact Area
Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

 

Thursday 16 November 2023

 

Membership:           Councillor Robert Eagleton (Chair), Councillor Judith Southern and Councillor Tim Mitchell

                               

Officer Support:       Legal Advisor:         Michael Carson

                                Committee Officer:  Sarah Craddock

Policy Advisor:         Vanouhi Petrosyan

                                Presenting Officer:  Bushara Hamida

 

Application to rescind the designating resolution for designated Pitch 1677 at Hill’s Place

 

FULL DECISION

 

Pitch Designation

 

The original designation for Pitch 1677 is “Hill’s Place west carriageway junction with Oxford Street in line with the Oxford Street Building Line”

 

Applicant

 

Westminster City Council’s Licensing Street Trading Team

 

Ward

 

West End

 

Summary of Application

 

The Licensing Sub-Committee is asked to rescind the designating resolution for designated Pitch 1677 at Hill’s Place as recommended by officers.

Representations Received

 

One representation was received in support of the application.

(West End Street Trading Association)

 

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 Bushara Hamida, the Presenting Officer, introduced the application. 

 

Ms Hamida confirmed that the Licensing Service had received no comments from the Metropolitan Police Service or the Highways Authority and that the West End Street Trading Association was in support of the de designation of Pitch 1677.

 

Ms Hamida confirmed that Pitch 1677 has not been used as a street trading pitch in excess of 10 years and that as the original designation had been determined by the Licensing Sub Committee, the rescinding of the designating resolution should also be determined by the Licensing Sub Committee.

 

The Sub Committee noted that there were no objections to the application.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the circumstances of this application that approval be given to rescind the designation  ...  view the full minutes text for item 2.

3.

18a Maddox Street, W1S 1PH pdf icon PDF 4 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

 

18a Maddox Street

W1S 1PH

 

New Premises Licence

23/04854/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 16 November 2023

 

Membership:Councillor Robert Eagleton (Chair) and Councillor Judith Southern and Councillor Tim Mitchell

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Vanouhi Petrosyan

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Kevin Jackaman

 

Others present:       Thomas O’Maoileoin (Solicitor, Thomas & Thomas), Mr Tarek Farah – Founder and Director of Applicant Company Toum Ltd

 

 

Application for a New Premises Licence in respect of 18A Maddox Street, London W1S 1PH  - 23/04854/LIPN

 

 

FULL DECISION

 

Premises

 

18A Maddox Street

London

W1S 1PH

 

Applicant

 

Toum Ltd

 

Ward

 

West End

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

N/A

 

Application

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  This application seeks to permit the premises to trade as a core hours restaurant.

 

To Permit:

 

Sale by Retail of Alcohol On and Off Sales

 

Monday-Thursday: 09:00 - 23:30 hours

 

Fridays and Saturdays 09:00 to 00:00

 

Sundays 09:00 to 22:30

 

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

On Sundays prior to bank holidays 23:00 – 00:00

 

Late Night Refreshments (Indoors)

 

Monday-Thursday: 23:00 - 23:30 hours

 

Fridays and Saturdays 23:00 to 00:00

 

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

On Sundays prior to bank holidays 23:00 – 00:00

 

Hours Premises Are Open to the Public

 

Monday-Thursday: 09:00 - 23:30 hours

 

Fridays and Saturdays 09:00 to 00:00

 

Sundays 09:00 to 22:30

 

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

On Sundays prior to bank holidays 23:00 – 00:30

 

Representations Received

 

·       Karyn Abbott – Licensing Authority (LA) (Withdrawn 11 October)

 

·       Mike Dunn – Resident (Withdrawn 5th September)

 

·       Claire Baillie - Resident (Withdrawn 5th September)

 

·       Danyal Shafqat - Resident

 

Issues raised by Objector.

 

The timings applied for are excessively late for a restaurant on this street.

 

The applicant has applied for a licence up to 11.30pm Mon-Thu, midnight Fri-Sat, and 10.30pm on Sunday, which would be disturbing to neighbours at night trying to sleep since all the bedrooms on 21 Maddox Street face Maddox Street.

 

There is a resident count of 57

 

Policy Considerations

 

Policy CIP 1 states:

 

C. Applications for restaurants within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.

 

D. For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.

 

Policy HRS 1 state:

 

A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to  ...  view the full minutes text for item 3.

4.

Unit 5, Ilona Rose House, Manette Street, W1D 4AL pdf icon PDF 2 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End CIZ

 

** None

 

Unit 5

Ilona Rose House

Manette Street

W1D 4AL

 

New Premises Licence

23/04888/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 16 November 2023

 

Membership:Councillor Robert Eagleton (Chair) and Councillor Judith Southern and Councillor Tim Mitchell.

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Vanouhi Petrosyan

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Kevin Jackaman

 

Others present:       Alun Thomas (Solicitor, Thomas & Thomas), Adam Price (Applicant company) and Matt White (Architect)

 

Maxwell Kouduah (Environmental Health Service), PC Tom Stewart (Metropolitan Police Service) and James Hayes (Licensing Authority)

 

Application for a New Premises Licence in respect of Unit 5, Ilona Rose House

Manette Street, London W1D 4AL - 23/04888/LIPN

 

 

FULL DECISION

 

Premises

 

Unit 5

Ilona Rose House

Manette Street

London

W1D 4AL

 

Applicant

 

Soho Estates Portfolio Limited

 

Ward

 

West End

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for:

 

To Permit:

 

Sale by Retail of Alcohol on and off Sales

 

Monday-Thursday: 09:00 - 23:30 hours

 

Fridays and Saturdays 09:00 to 00:00

 

Sundays 09:00 to 22:30

 

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

On Sundays prior to bank holidays/public holidays 23:00 – 00:00

 

Late Night Refreshments - Indoors

 

Monday-Thursday: 23:00 - 23:30 hours

 

Fridays and Saturdays 23:00 to 00:00

 

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

On Sundays prior to bank holidays/public holidays 23:00 – 00:00

 

Hours Premises Are Open to the Public

 

Monday-Thursday: 09:00 - 23:30 hours

 

Fridays and Saturdays 09:00 to 00:00

 

Sundays 09:00 to 22:30

 

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

On Sundays prior to bank holidays/public holidays 23:00 – 00:00

 

Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  This application seeks to permit the premises to trade as a core hours restaurant.

 

There is a resident court of 57.

 

Representations Received

 

Licensing Authority (LA)

Environmental Health Service (EHS)

Metropolitan Police Service (MPS)

 

 

Issues raised by Objectors.

 

The Licensing Authority has concerns in relation to this application and how the premises would promote the four Licensing Objectives

 

The Licensing Authority require the applicant to provide submissions as to how the operation of the premises will not add to cumulative impact in the West End cumulative impact zone, in accordance with policy CIP1.

 

The EHO states:

 

1. The hours requested to provide late-night refreshment may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the West End cumulative impact

 

2. The supply of alcohol the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the West End cumulative impact.

 

MPS states:

 

The proposed extension of licensable activities is likely to undermine the licensing objectives of The Prevention of Crime and Disorder.

 

The premises is located at 13 Manette Street, London, W1D 4AP, which is within the West End Cumulative  ...  view the full minutes text for item 4.

5.

13 Manette Street, W1D 4AP pdf icon PDF 751 KB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

 

13 Manette Street

W1D 4AP

 

New Premises Licence

23/04889/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 16 November 2023

 

Membership:Councillor Robert Eagleton (Chair),

Councillor Judith Southern and

Councillor Tim Mitchell

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Vanouhi Petrosyan

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Kevin Jackaman

 

Others present:       Alun Thomas (Solicitor, Thomas & Thomas) for the Applicant,

Adam Price (Applicant company) and Matt White (Architect)

 

Maxwell Kouduah (Environmental Health Service),

PC Tom Stewart (Metropolitan Police Service) and

James Hayes (Licensing Authority)

 

 

Application for a New Premises Licence in respect of 13 Manette Street London W1D 4AP - 23/04889/LIPN

 

 

FULL DECISION

 

Premises

 

13 Manette Street

London

W1D 4AP

 

Applicant

 

Soho Estates Portfolio Limited

 

Ward

 

West End

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for:

 

To Permit:

 

Sale by Retail of Alcohol on and off Sales

 

Monday-Thursday: 09:00 - 23:30 hours

 

Fridays and Saturdays 09:00 to 00:00

 

Sundays 09:00 to 22:30

 

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

On Sundays prior to bank holidays/public holidays 23:00 – 00:00

 

Late Night Refreshments (Indoors)

 

Monday-Thursday: 23:00 - 23:30 hours

 

Fridays and Saturdays 23:00 to 00:00

 

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

On Sundays prior to bank holidays/public holidays 23:00 – 00:00

 

Hours Premises Are Open to the Public

 

Monday-Thursday: 09:00 - 23:30 hours

 

Fridays and Saturdays 09:00 to 00:00

 

Sundays 09:00 to 22:30

 

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

On Sundays prior to bank holidays/public holidays 23:00 – 00:00

 

 

Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  This application seeks to permit the premises to trade as a core hours restaurant.

 

There is a resident court of 57.

 

Representations Received

 

Licensing Authority (LA)

Environmental Health Service (EHS)

Metropolitan Police Service (MPS)

 

 

Issues raised by Objector.

 

The Licensing Authority has concerns in relation to this application and how the premises would promote the four Licensing Objectives

 

The Licensing Authority require the applicant to provide submissions as to how the operation of the premises will not add to cumulative impact in the West End cumulative impact zone, in accordance with policy CIP1.

 

The EHO states:

 

1. The hours requested to provide late-night refreshment may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the West End cumulative impact

 

2. The supply of alcohol the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the West End cumulative impact.

 

MPS states:

 

The proposed extension of licensable activities is likely to undermine the licensing objectives of The Prevention of Crime and Disorder.

 

The premises is located at 13 Manette Street, London, W1D 4AP, which is within the West End Cumulative Impact Zone (“CIZ”). The crime levels within  ...  view the full minutes text for item 5.