Agenda and minutes

To report any changes to the membership.

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.

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.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

Thursday 16 May 2024

Membership:           Councillor Maggie Carman (Chair) Councillor Hamza Taouzzale and Councillor Karen Scarborough

Officer Support:       Legal Advisor – Michael Feeney

                                Policy Officer – Kerry Simpkin

Committee Officer – Katherine Stagg
Presenting Officer – Roxsana Haq

Others present:       Gary Grant (Counsel) and Alun Thomas (Thomas and Thomas Partners) representing the Applicant, James Rankin (Counsel) representing the Metropolitan Police Service, James Hayes (Licensing Authority), Anil Drayan (Environmental Health Services), Richard Brown representing the Soho Society

Application for a New Shadow Premises Licence in respect of Basement to First Floor, 30 Dean Street, London, W1D 3SA

Full Decision

Premises

Basement to First Floor

30 Dean Street

London

W1D 3SA

Applicant

Soho Estates Ltd

Ward

West End

Cumulative Impact Area

West End

Special Consideration Zone

None

Summary of Application

The Premises operates as an SEV and bar. The application is for a shadow premises licence in the same terms, conditions and plans as the current premises licence.  

Representations Received

Licensing Authority

Metropolitan Police Service

Environmental Health Service

Three Local Residents

Issues raised by Objectors

Licensing Authority: The Applicant is encouraged to provide submissions as to how the operation of the premises will not add to cumulative impact and how they intend to manage potential risks. A condition restricting the involvement of named individuals in the running of the Premises was proposed.

EHS: Pending the on-going review of the current premises licence, the application may adversely affect public nuisance and public safety.  

MPS: The application may undermine the prevention of crime and disorder, as the current premises licence is subject to a review application.

Soho Society: There are concerns with the recent history of the Premises. The Soho Society is willing to withdraw its representation if the Applicant was willing to agree to MC97.

Policy Considerations

Policies CIP1, HRS1, SCEV1 and PB1 apply.

Submissions

1.     The Presenting Officer, Roxsana Haq, introduced the application and explained that the Applicant was seeking a new shadow premises licence.

2.     Mr Grant for the Applicant explained that the application was being made to ensure that the building remained as a licensed premises, regardless of the decision made as to whether to revoke the premises licence or the SEV Licence. Mr Grant submitted that the recent history with the Premises demonstrated there was a problem with the licence holder, but not with the operation as a licensed premises. It was not in anyone’s interests for the building to remain empty.

3.     The Applicant was a respected and responsible landholder with an excellent working relationship with the Responsible Authorities. The Applicant could be trusted, and a shadow licence is an insurance policy, which is perfectly valid in law. If the premises licence and SEV licence were revoked, then the shadow licence could be marketed to other responsible tenants. Without the shadow licence, there was no guarantee that a further licence would be granted, particularly given the Premises’ location in the CIZ.

4.     Mr Grant submitted that the shadow licence would  ...  view the full minutes text for item 1.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

Full Review Decision

Thursday 16 May 2024

Membership:           Councillor Maggie Carman (Chair) Councillor Hamza Taouzzale and Councillor Karen Scarborough

Officer Support:       Legal Advisor – Michael Feeney

                                Policy Officer – Kerry Simpkin

Committee Officer – Katherine Stagg
Presenting Officer – Roxsana Haq

Application for a Review of a Premises Licence – Sunset Strip, Basement to Fist Floor, 30 Dean Street, London, W1D 3SA

List of persons:

Premises Licence Holder

The Premises Licence Holder (PLH) is Sohomead Ltd. Sarah Le Fevre (Counsel), Lana Tricker (LT Law), Alastair Massie (DPS) and Dwight Okechukwu attended on behalf of the PLH.

Metropolitan Police Service (‘The Applicant’)

PC Steve Muldoon

Counsel: James Rankin

The Licensing Authority

James Hayes

Environmental Health Service

Anil Drayan

Interested Parties 

Richard Brown on behalf of the Soho Society

Gary Grant (Counsel), Alun Thomas (Thomas and Thomas Partners) on behalf of Soho Estates Ltd

Cumulative Impact Area

West End

Ward

West End

Summary of Application

This is an application for a Review of a Premises Licence in respect of Sunset Strip, Basement to First Floor, 30 Dean Street, London, W1D 3SA (“the Premises”) under the Licensing Act 2003 (“the Act”). The Premises operates as a Sexual Entertainment Venue and bar in Soho.

The application was submitted by the Metropolitan Police Service on 16 February 2024 on the grounds of prevention of crime and disorder, public safety and prevention of public nuisance.

It has been identified through numerous visits by Officers from the Westminster Police Licensing unit and Council City Inspectors that there are continual breaches of the venue’s premises licence. Officers from both the police and the council have engaged with the venue in person and via email with a view to rectify any condition breaches.

A recent visit found further breaches and also found that despite the previous engagement and visits the DPS was unaware of the conditions on their licence and were unaware they were breaching conditions. At the time of the visit CCTV could not be used, there was no personal licence holder on site and there was one SIA registered security staff when there should have been two present.

Officers have requested CCTV images several times and this was never produced. On one occasion CCTV images for the wrong camera and date were provided.

On 13^th January 2024 Police licensing officers received a crime report that made an allegation of drink spiking having taken place at the premises. On 17^th January 2024 officers visited the venue and once again found breaches in the conditions relating to security and CCTV. There were further breaches also identified on the SEV licence. The venue was issued a section 19 closure notice that related to the breaches of conditions.

Representations

The application received a representation in support of the review from the Licensing Authority on 29 February 2024 on the grounds that the premises is failing to promote the licensing objectives and can be found at Appendix 4.1 of the Agenda Report.  ...  view the full minutes text for item 2.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

Full Decision

Thursday 16 May 2024

Membership:           Councillor Maggie Carman (Chair) Councillor Hamza Taouzzale and Councillor Karen Scarborough

Officer Support:       Legal Advisor – Michael Feeney

                                Policy Officer – Kerry Simpkin

Committee Officer – Katherine Stagg
Presenting Officer – Roxsana Haq

Application for Revocation of a Sex Establishment Licence for Sunset Strip, Basement to Fist Floor, 30 Dean Street, London, W1D 3SA

List of persons:

Premises Licence Holder

The Premises Licence Holder (PLH) is Sohomead Ltd. Sarah Le Fevre (Counsel), Lana Tricker (LT Law), Alastair Massie (DPS) and Dwight Okechukwu attended on behalf of the PLH.

Metropolitan Police Service (‘The Applicant’)

PC Steve Muldoon

Counsel: James Rankin

The Licensing Authority

James Hayes

Environmental Health Service

Anil Drayan

Interested Parties 

Richard Brown on behalf of the Soho Society.

Gary Grant (Counsel), Alun Thomas (Thomas and Thomas Partners) on behalf of Soho Estates Ltd.

Cumulative Impact Area

West End

Ward

West End

Summary of Application

This is an application for revocation of a Sex Establishment Licence in respect of Sunset Strip, Basement to First Floor, 30 Dean Street, London, W1D 3SA (“the Premises”) under the Licensing Act 2003 (“the Act”). The Premises operates as a Sexual Entertainment Venue and bar in Soho.

The application was submitted on 29 February 2024 by the Licensing Authority on the grounds that the licence holder is unsuitable to hold the licence. A visit was carried out on 17 January 2024 due to an allegation of drink spiking reported to the Police. The Police and Licensing Officer visited the Premises and requested to view the CCTV. Officers observed a number of private dances where physical contact between performers and customers were witnessed.

A copy of the CCTV footage was requested on 17 January but the footage was not downloaded correctly. Therefore, the Police requested another copy which was provided within a few days. The Licensing Authority viewed the CCYV and confirmed breaches of the standard licence conditions.

The visit on 17 January found further breaches and found that despite previous engagement and visits the DPS was unaware of the conditions on their licence and were unaware they were breaching conditions. At the time of the visit CCTV could not be used, there was no personal licence holder on site and there was one SIA registered security staff when there should have been two present.

Activities

The SEV Licence permits the following Relevant Entertainment (namely table dancing and pole dancing involving implied nudity, full and partial nudity): 

Monday to Saturday: 09:00 to 01:00

Sunday: 09:00 to 23:00

Hearing:

1.          The Chair introduced the Members of the Sub-Committee and outlined the procedure to the Parties in attendance. The Chair advised that the Sub-Committee would hear the application along with the Metropolitan Police’s application to review the premises licence in respect of the Premises. The Chair advised that the Sub-Committee recognised that a separate decision would have to be reached on each application and that each application must be determined on its own  ...  view the full minutes text for item 3.