Agenda and minutes

Licensing Sub-Committee (6) - Thursday 25th January, 2024 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       There were no changes to the Membership.

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 - Pitch 942, Old Cavendish Street pdf icon PDF 640 KB

Ward

Site Name & Address

Application
Type

West End

 

Street Trading - Pitch 942

Old Cavendish Street

 

Street Trading Application

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

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

 

Thursday 25 January 2024

 

Membership:           Councillor Robert Eagleton (Chair), Councillor Judith Southern and Councillor Caroline Sargent

                               

Officer Support:       Legal Advisor:         Michael Carson

                                Committee Officer:  Sarah Craddock

Policy Advisor:         Aaron Hardy

                                Presenting Officer:  Bushara Hamida

 

Application to rescind the designating resolution for designated Pitch 942 at Old Cavendish Street

 

FULL DECISION

Pitch Designation

 

The original designation for Pitch 942 is “Old Cavendish Street centrally located on pedestrian area (clear of tactile paving), 11.27 north of the kerb edge of Oxford Street”.

 

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 942 at Old Cavendish as recommended by officers.

Representations Received

 

Two representations were received in support of the application.

The Licence Holder

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 942.

 

Ms Hamida confirmed that the freeholder of the property wishes to secure the removal of the street trading pitch and has reached a private agreement with the street trader to support the de-designation of the pitch.

 

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 resolution for designated Pitch 942  ...  view the full minutes text for item 1.

2.

l38 Curzon Street, W1J 7TY pdf icon PDF 6 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* None

 

** None

38 Curzon Street

W1J 7TY

 

New Premises Licence

23/07415/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

llWESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 25 January 2024

 

Membership:           Councillor Robert Eagleton (Chair)

Councillor Judith Southern

Councillor Caroline Sargent

 

Officer Support        Legal Advisor:           Steve Burnett

                                Policy Officer:             Aaron Hardy

                                Committee Officer:           Sarah Craddock

                                Presenting Officer:            Karyn Abbott

 

Others present:       Mr Craig Baylis (Solicitor, Keystone Law on behalf of the Applicant) and

Mr Damina Drabble (38 Curzon Lease Ltd - Applicant).

 

Mr Anil Drayan (Environmental Health Service)

PC Tom Steward (Metropolitan Police Service)

 

Mr James Rankin (Barrister, representing Orbiton Estates) and Holly McColgan (Solicitor, representing Orbiton Estates)

Mr Richard Brown - Licensing Advice Project (on behalf of the Resident Association of Mayfair and St James’s)

Councillor Lilley (West End Ward)

Mr M.D (Resident Association of Mayfair and St James’s)

Ms B.H (Local resident)

 

Application for a New Premises Licence in respect of 38 Curzon Street, London W1J 7TY  - 23/07415/LIPN.

 

FULL DECISION

Premises

 

38 Curzon Street

London

W1J 7TY

 

Applicant

 

38 Curzon Lease Ltd

 

Ward

 

West End

 

 

Cumulative Impact

 

None

 

Special Consideration Zone

 

None

 

There is a resident count of 177.

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intend to operate as a cinema/event space with ancillary restaurants and bars.

 

The premises currently has the benefit of a number of Premises Licences.

 

This application seeks the following:

 

To Permit:

Sale of Alcohol (on sales)

 

Monday to Saturday 10:00 to 01:00

Sundays 12:00 to 23:30

 

On New Year's Eve from the end of permitted hours on New

Year's Eve to the start of permitted hours on the following day

 

Plays, films, indoor sporting events, live and recorded music, performance of dance, anything similar to Live and recorded music or performance of dance (Indoors)

 

Monday to Saturday 09:00 to 02:30

Sundays 10:00 to 02:30

 

On New Year's Eve from the end of permitted hours on New

Year's Eve to the start of permitted hours on the following day.

 

Late Night Refreshments (Indoors)

 

Monday to Saturday 23:00 to 02:30

Sundays 23:00 to 02:30

 

The terminal hour for late night refreshment on New Year's

Eve is extended to 05:00 on New Day.

 

 

 

 

Hours Premises Are Open to the Public

 

Monday to Sundays 07:00 to 02:30

 

On New Year's Eve from the end of permitted hours on New

Year's Eve to the start of permitted hours on the following day.

 

Representations Received

 

·       Environmental Health Services (EHS)

·       Metropolitan Police Services (MPS)

·       Resident x 7.

 

Issues raised by Objectors.

 

The EHS states the Regulated Entertainments sought and for the times requested may lead to an increase in Public Nuisance in the area and impact on Public Safety. The provision of Late-Night Refreshment for the times requested may lead to an

increase in Public Nuisance in the area and the Supply of Alcohol and for the times requested may lead to an increase in Public Nuisance in the area and impact on Public Safety.

 

The MPS states following consideration of the application and how it may affect the Licensing Objectives  ...  view the full minutes text for item 2.

3.

Oriole, 9 Slingsby Place, WC2E 9AB pdf icon PDF 3 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

 

* West End

 

** None

Oriole

9 Slingsby Place

WC2E 9AB

 

New Premises Licence

23/06829/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 25 January 2024

 

Membership:Councillor Robert Eagleton (Chair), Councillor Judith Southern and Councillor Caroline Sargent

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Karyn Abbott

 

Others present:       Alun Thomas (Thomas and Thomas, representing the Applicant),

Edmund Weil (Oriole Bar Limited – Applicant Company),

Roisin Stimpson (Oriole Bar Limited – Applicant Company),

Jamie Thipthorpe (Longmartin Properties Limited – Applicant Company),

Dave Nevitt (on behalf of the Applicant),

 

Anil Drayan (Environmental Health Service),

Jessica Donovan (Licensing Authority) and

PC Dave Morgan (Metropolitan Police Service)

 

Application for a New Premises Licence in respect of Oriole, 9 Slingsby Place, London WC2E 9AB - 23/06829/LIPN.

 

Full Decision

 

Premises

 

Oriole

9 Slingsby Place

London

WC2E 9AB

 

Applicant

 

Oriole Bar Limited and Longmartin Properties Limited

 

Ward

 

West End

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

None

 

There is a resident count of 119.

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The premises intends to operate as a Live Music venue and has benefitted from a number of Temporary Event Notices in 2021.

 

This application seeks the following:

 

To Permit:

 

Sale of Alcohol (Both)

 

Monday to Sundays 09:00 until 01:00

 

On New Year's Eve from the end of permitted hours on New

Year's Eve to the start of permitted hours on the following day.

 

Films, live and recorded music, anything similar to Live and recorded music or performance of dance (Indoors)

 

Monday to Sundays 09:00 until 01:00

 

On New Year's Eve from the end of permitted hours on New

Year's Eve to the start of permitted hours on the following day.

 

Late Night Refreshments (Indoors)

 

Monday to Sundays 23:00 until 01:00

 

On New Year's Eve from the end of permitted hours on New

Year's Eve to the start of permitted hours on the following day.

 

Hours Premises Are Open to the Public

 

Monday to Sundays 09:00 until 01:00

 

On New Year's Eve from the end of permitted hours on New

Year's Eve to the start of permitted hours on the following day.

 

Representations Received

 

·       Environmental Health Services (EHS)

·       Metropolitan Police Services (MPS)

·       Licensing Authority (LA)

·       39 Supporting Representation

·       Objections x 9. (6 Withdrawn)

 

Issues raised by Objectors.

 

The EHS states the proposed licensing activities and for the hours requested may

undermine the licensing objectives of Prevention of Public Nuisance and Public Safety.

 

The MPS states The venue sits within the Westminster Cumulative Impact Zone and the hours sought are beyond those of Westminster’s Core Hours Policy. The Police are concerned that the venue may add to the cumulative impact in an already demanding area.

 

The LA states the premises are located within the West End Cumulative Impact Zone and as such various policy points must be considered, namely CIP1, HRS1 and MD1.

 

It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone subject to other criteria under this  ...  view the full minutes text for item 3.

4.

First Floor, 11 Goodwin's Court, WC2N 4LL pdf icon PDF 5 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

 

* West End

 

** None

First Floor

11 Goodwin’s Court

WC2N 4LL

 

New Premises Licence

23/05844/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 25 January 2024

 

 

Membership:Councillor Robert Eagleton (Chair), Councillor Judith Southern and Councillor Caroline Sargent

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Karyn Abbott

 

Others present:       Alun Thomas (Thomas and Thomas, representing the Applicant),

Tiffany Smith (Brush and Bubbles Ltd – Applicant)

Lara Goodison (Brush and Bubbles Ltd – Applicant)

 

Kudzy Mondhlani (Environmental Health Service),

 

Application for a New Premises Licence in respect of First Floor, 11 Goodwin's Court, London WC2N 4LL- 23/05844/LIPN.

 

 

Full Decision

 

Premises

 

First Floor

11 Goodwin's Court

London

WC2N 4LL

 

Applicant

 

Brush And Bubbles Ltd

 

Ward

 

St James’s

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

None

 

There is a resident count of 171.

 

Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  The premises intends to operate as a painting class venue offering an ancillary glass of Prosecco, Champagne or Wine.

 

This application seeks the following:

 

To Permit:

 

Sale of Alcohol (on)

 

Monday to Sundays 09:00 until 21:00

 

 

Hours Premises Are Open to the Public

 

Monday to Sundays 09:00 until 21:00

 

 

Representations Received

 

·       Kudzaishe Mondhlani – Environmental Health Services (EHS)

 

·       Kevin Jackaman – Licensing Authority (LA) - Withdrawn

 

·       Objections x 1.

 

Issues raised by Objectors.

 

The EHS states the granting of the application as presented may have the likely effect of causing an increase in Public Nuisance in the area and may also impact on Public Safety in the West End CIZ.

 

The resident state that the grant of the application would cause a nuisance from customers attending events at the premises, create additional footfall and provide no reprieve on Saturdays and Sundays.

 

Policy Considerations

 

Policy CCSOS1(B) states:

 

B. Applications inside the West End Cumulative Impact 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 are within the council’s Core Hours Policy HRS1.

3. 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.

4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.

5. The applicant has clearly demonstrated that the sale by retail of alcohol and late-night refreshment will be ancillary to the venue’s primary function as a cinema, cultural venue, live sporting premises or outdoor space.

6. The sale by retail of alcohol and/or late-night refreshment after 11pm is limited to customer, patrons or members of the audience who will or have made use of the primary function of the venue as a cinema, cultural venue or live sporting premises. 7. The application and operation of the venue meeting the definition for a cinema,

cultural venue, live sporting premises or outdoor space as per Clause C.

 

C. For the purposes of this policy the primary function of a cinema, cultural venue and live sporting premises is defined as:  ...  view the full minutes text for item 4.