Agenda and draft minutes

Rosa’s Victoria, 25 Gillingham Street, SW1

17/03852/LIPV

1.

Conditions being varied, added or removed

Amendments to application advised at hearing:

Mr Baylis, representing the Applicant, advised during the hearing that it was no longer proposed to extend the hours in relation to conditions 16 and 30 on Sundays.

Decision (including reasons if different from those set out in report):

The Applicant was seeking to amend two conditions on the existing premises licence.  One was to change when outside tables and chairs would be rendered unusable from 21:00 each day to 22:30 each day and the other was to extend the latest time when the external consumption of drinks could take place from 20:30 until 22:00.  Mr Baylis, representing the Applicant advised at the hearing that it was no longer proposed to extend the hours in relation to these conditions on Sundays.

A local resident, Dr Al-Kaisy, had originally submitted a written representation objecting to the application.  He had then submitted a further written representation the evening prior to the meeting which included a photograph of the premises, showing that he lived immediately next door.  Mr Baylis was asked whether he was content for the late submission to be considered by the Sub-Committee and he replied that he had no objection.

It was noted that the representation from the Licensing Authority had been withdrawn.

Mr Baylis stated that Rosa’s Victoria is a Thai restaurant where alcohol is ancillary to substantial table meals.  The premises had been trading for just over a year.  There were currently six external chairs in Gillingham Street and a further ten on Wilton Street.  He added that there had been no complaints received at the premises.  The premises had also operated until the hours sought in the current application on 12-13 May, 18-20 May and 25-27 May as a result of three temporary event notices and there had been no complaints in relation to these.

Mr Baylis responded to some of the objections in the written representations.  He made the point that Dr Al-Kaisy had commented that ‘to introduce alcohol to the equation is a recipe for disaster.  Undoubtedly this will increase the level of noise, and also antisocial behaviour’’.  Mr Baylis wished to draw Members’ attention to the fact that alcohol was already permitted at the  ...  view the full minutes text for item 3.

Royal Standard Cocktail Bar & Restaurant, 8 Sale Place, W2

17/03544/LIPV

1.

Late Night Refreshment – basement to be included within the licensable area (these hours are permitted for the ground floor as a result of the existing premises licence)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

There was an existing licence for the premises which permitted on the ground floor late night refreshment from 23:00 to 23:30 Monday to Saturday and on and off sales of alcohol from 10:00 to 23:00 Monday to Saturday and 12:00 to 22:30 on Sunday.  Mr Carter, representing the Applicant, confirmed that his client sought to vary the application by adding the basement area to the licence for exactly the same licensable activities and hours as the ground floor.

Mr Carter stated that the Applicant had agreed conditions with Environmental Health and the Police.  The Police had subsequently withdrawn their representation.  Mr Carter also wished to respond to some of the concerns expressed by residents in their written representations.  Professor Henderson had suggested that the premises would now be opening on Sundays but the premises had in fact previously under the existing premises licence been permitted to open on Sundays.  The current application was only seeking to add the basement to the licence for the same hours as on the ground floor.  Mr Carter made the point that Mr Mustabi did not intend in the foreseeable future to open the premises on Sundays or Bank Holidays as he wished to spend quality time with his family then.  The Applicant was also not extending the proposed hours to Core Hours at this stage.

Mr Carter also wished to refute Mr Henderson’s view that the basement would operate as a music / drinking club.  Mr Carter informed the Sub-Committee that Mr Mustabi intended to offer the basement as a meeting room during the daytime and for private functions during the evening as well as having additional capacity there on busy evenings.  Any music would have to be routed through a noise limiter set by Environmental Health.  A condition was also proposed by Environmental Health that seating would be provided in the basement to accommodate a minimum of 50 persons. 

Mr Carter said that his client appointed, as a voluntary undertaking, one SIA door staff at Royal Standard Cocktail Bar & Restaurant on Thursday and  ...  view the full minutes text for item 4.

Soho Mixer, Unit 5 Jubilee House, Ramillies Street, W1

17/03847/LIPN

1.

Late Night Refreshment (Indoors)

Amendments to application advised at hearing:

Mr Warne, representing the Applicant, advised during the hearing that the aspect of the application relating to Late Night Refreshment was being withdrawn.

Decision (including reasons if different from those set out in report):

The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.

2.

Sale by retail of alcohol (On and Off)

Amendments to application advised at hearing:

Mr Warne advised in writing prior to the hearing that the proposed hours for the sale by retail of alcohol had been reduced to:

Sunday:                                                 12:00 to 22:00

Decision (including reasons if different from those set out in report):

The Sub-Committee heard from Mr Warne, representing the Applicant.  He referred to additional papers submitted by the Applicant which had been circulated to all parties.  These included two additional proposed conditions which had been submitted by the Applicant following discussions with the Police.  These were that there would be one SIA doorman on duty between 19:00 and the closing time on Friday and Saturday and CCTV would cover the area immediately outside the premises.  Two conditions proposed by Environmental Health had been agreed by the Applicant.  These were that the licence holder would remove litter and waste from the area immediately outside the premises and it would be cleaned and washed and also that the number of persons permitted on the premises at any one time (excluding staff) would not exceed 70.  This was a reduction from the previous proposed condition which put forward a maximum of 110 people inside the premises.

Mr Warne confirmed that his client had not agreed  ...  view the full minutes text for item 5.

The George, 55 Great Portland Street, W1

17/02755/LIPN

1.

Late Night Refreshment (Indoors)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Applicant, the Crown Estate, held an existing premises licence which enabled the ground floor to be operated as a pub.  The hours permitted for the ground floor premises licence in respect of late night refreshment were Monday to Wednesday 23:00 to 23:30, Thursday 23.00 to midnight and Friday to Saturday 23:00 to 01.00 on the following day.  In respect of sale by retail of alcohol, the permitted hours for the existing licence were Monday to Wednesday 11:00 to 23:00, Thursday 11.00 to 23.30, Friday to Saturday 11:00 to midnight, Sunday midday to 22:30 and Sundays before Bank Holidays midday to 23:00.  The hours the premises are open to the public on the ground floor were Monday to Wednesday 11:00 to 23:30, Thursday to Saturday 11:00 to midnight and Sunday midday to 23:00.

The Crown Estate had applied for a new premises licence which included a restaurant on the first floor in addition to the bar on the ground floor.  The hours sought for the sale of alcohol on the ground floor were greater than the current hours on the existing licence for the ground floor.  Mr Baylis, representing the Applicant, referred to the fact that the proposed hours for the first floor restaurant were in keeping with the Council’s Core Hours policy.  He advised that the remainder of the building would be let out as three residential properties.  The Sub-Committee noted that the Applicant was offering to surrender the existing premises licence if the new one was granted. 

Mr Baylis and Ms Mercury explained that the Crown Estate was speaking to a number of potential tenants about operating the premises.  There would be the same tenant operating both the pub and the restaurant.  The Applicant was requesting a terminal hour of 01:00 for on sales of alcohol at the pub on a Friday and Saturday as it would make the application more financially attractive to a prospective tenant.  The Crown Estate was keen that the tenant was able to provide good food and was part of the community.  The tenant would need to respect the local neighbourhood.  The Crown Estate owned flats not only above the premises but along Great Portland Street.

Mr Baylis informed the Sub-Committee that in response to the concerns of  ...  view the full minutes text for item 6.

Urban Tea Rooms St James’s, 2A St James’s Market, SW1

17/03551/LIPN

The application was granted under delegated powers as all objectors had withdrawn their representations.

35 St Luke’s Road, W11

17/05815/LITENN (Temporary Event Notice)

Proposal: The sale by retail of alcohol (off)

Event Period:      12.00 on 27^th August to 22.00 on 28^th August 2017

Times when licensable activities will take place: 

                             12:00 to 22:00 on 27^th August 2017

12:00 to 22:00 on 28^th August 2017

Decision:

The Sub-Committee initially heard from Mr Dweifel, the Premises User.  He stated that it was his intention to sell beer and soft drinks from 35 St Luke’s Road (he lives upstairs) from midday to 22:00 on 27^th and 28^th August.  He believed his neighbours did not object to what he was proposing to do.  He added that he planned to have a friend assisting him who is licensed by the Security Industry Authority (‘SIA’).

The Sub-Committee was addressed by PC Lewis on behalf of Metropolitan Police.  He advised Members that the Police maintained their representation as they had a policy against residential premises operating temporary bars during the Notting Hill Carnival.  The Police considered the premises to be in a high risk area and was located close to two sound systems which drew large crowds.  PC Lewis emphasised that the Carnival presented a huge operational challenge for the Police with approximately one million people being in the area every year.  There had been more than 450 arrests at the event in 2016, many of which were associated with the consumption of alcohol.  There had been 15 serious assaults, 4 of which were life threatening.  Due to the level of the crowds, it could be very difficult for the Police to reach incidents which took place.  Stewards were used with limited powers which increased the risk.

PC Lewis commented that alcohol should be sold responsibly.  The Police had concerns regarding unlicensed residential premises creating makeshift bars at the front with a lack of training on the part of the sellers.  There had been insufficient information provided by the Premises User about the nature of the operation.  Would alcohol be sold to underage people?  How would the Premises User ensure that customers were not intoxicated?  Would super-strength alcohol be sold and would alcohol be sold in polycarbonate vessels?  Glass vessels had historically been used as weapons and missiles.  He also questioned how disorder would be prevented and where toilets would be available.  Obstruction was caused by customers buying alcohol and standing there whilst consuming it. 

PC Lewis acknowledged that the Premises User was now offering to have someone assist him who is licensed by the SIA.  However, it would be extremely difficult to oversee what was taking place at the premises at all  ...  view the full minutes text for item 8.