Items
No. |
Item |
1. |
Membership
To report any changes to the membership.
Minutes:
There were no changes to the Membership.
|
2. |
Declarations of Interest
To receive declarations by
Members and Officers of any personal or prejudicial interests in
matters on this agenda.
Minutes:
Councillor Heather Acton declared by way of a personal interest in respect of application 4
on the agenda, Basement And Ground
Floor, 19 New Quebec Street, W1 that she lives near
the premises and has used the Applicant’s shop. This did not in any way affect her ability to
consider the application free from bias and with an open
mind.
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1. |
90-92 Great Portland Street, W1 PDF 4 MB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
West End Ward / not in
cumulative impact area
|
90-92 Great Portland
Street, W1
|
New Premises
Licence
|
17/07371/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday
7th September 2017
Membership:
Councillor Tim Mitchell (Chairman), Councillor Heather Acton and
Councillor Rita Begum
Legal
Adviser:
Horatio Chance
Committee Officer:
Jonathan Deacon
Presenting Officer: Heidi
Lawrance.
Daisy Gadd also in
attendance.
Relevant Representations: Freehold owner
of 89 Great Portland Street, Leaseholder Management Company for 89
Great Portland Street, 1 Residents’ Association and 10 x local residents.
Present: Mr Paul Twyman (Agent, Representing the Applicant), Mr
Rajbir Singh Sawhney (Applicant), Mr Richard Brown (Solicitor,
Citizens Advice Bureau Licensing Advice Project, representing 10
residents including Ms Agata Duda and
Ms Deborah Knight. He was also
representing Ms Sharon Palazzo), Ms Sharon Palazzo (on behalf of
Portland Apartments Ltd, leaseholders for residents’ flats
within 89 Great Portland Street), Ms Agata Duda and Ms Deborah Knight (local
residents).
90-92 Great Portland Street,
W1 (“The Premises”)
17/07371/LIPN
|
1.
|
Sale
by Retail of Alcohol (Off)
|
|
Monday to Saturday:
08:00 to 23:00
Sunday:
10:00 to 22:30
|
|
Amendments to application
advised at hearing:
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|
During the hearing, Mr Brown
proposed on behalf of residents the hours for off sales and the
opening hours to the public of 10:00 to 20:00 Monday to Saturday
and 10:00 to 18:00 on Sundays. These
were agreed by the Applicant.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
heard from Mr Twyman, representing the
Applicant. He stated that the Applicant
intended to open a retail shop, specialising in selling top end of
the market alcoholic products, in particular spirits. The Sub-Committee was advisd that the Applicant had been operating a shop
in Bedford Street for two years without any issues
arising. Mr Twyman was concerned that the nature of the
application had been somewhat misconstrued as to what was being
proposed by objectors to the application. This he believed may have resulted from what had
appeared on the holding company’s website. There was a letter of response on behalf of the
Applicant to the residents’ written representations in the
Sub-Committee’s report.
The Sub-Committee
asked Mr Twyman for clarification as
the application was for the sale of alcohol for consumption off the
Premises but there had been references to the Applicant holding
tasting events at the Premises which would potentially involve on
sales. He replied that if there was a
tasting event free of charge, which did not amount to the sale of
alcohol this was not a licensable activity. He had agreed with Environmental Health that any
events held at the Premises which were not free of charge would be
dealt with under Temporary Event Notices
(‘TENs’). This would
restrict the number of events to a maximum of 15 per
annum. Mr Twyman added that he did not expect these events to
be lengthy. They were likely to be
completed by 21:00 and would involve 90 – 120 minute
presentations.
Mr Twyman wished to put on record that there would be
no late night collections which had been raised as a concern by
local residents. Deliveries would
normally take place between 08:00 ...
view the full minutes text for item 1.
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|
2. |
Green Man Public House, 57 Berwick Street, W1 PDF 2 MB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
West End Ward / West
End Cumulative Impact Area
|
Green Man Public
House, 57 Berwick Street, W1
|
New Premises
Licence
|
17/07395/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday
7th September 2017
Membership:
Councillor Tim Mitchell (Chairman), Councillor Heather Acton and
Councillor Rita Begum
Legal
Adviser:
Horatio Chance
Committee Officer:
Jonathan Deacon
Presenting Officer: Daisy Gadd. Heidi Lawrance also in
attendance.
Relevant Representations: Licensing
Authority.
Present: Ms Bo-Eun Jung (Counsel, Representing the Applicant), Ms
Karen Fahy (Manager, Applicant
Company), Mr Joseph Concannon
(Designated Premises Supervisor), Ms Kerry Rossall (Designated Premises Supervisor,
O’Neills in Great Marlborough
Street, W1) and Mr David Sycamore (Licensing Authority).
Green Man Public House, 57
Berwick Street, W1 (“The Premises”)
17/07395/LIPV
|
1.
|
To
vary the sale of alcohol on Sunday (to include Sunday immediately
prior to a bank holiday) to commence at 10:00 hours. The commencement hour on the existing premises
licence on Sundays is midday.
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Applicant (Mitchells And
Butlers Leisure Retail Ltd) submitted an application for a
variation of the premises licence at 57 Berwick Street and also an
application for a variation of the premises licence at 37-38
Marlborough Street. These two
applications were scheduled for the same Licensing Sub-Committee
meeting on 7 September 2017. The two
applications were heard together by the Sub-Committee with the
agreement of the parties to the hearing as the Applicant in both
cases was seeking to bring the commencement hour forward for the
sale of alcohol on Sunday from midday to 10:00 hours. The Sub-Committee would however, produce separate
Decisions for each of the Premises. It was noted that both premises
are located within the Council’s West End Cumulative Impact
Area.
The Sub-Committee
heard from Ms Jung. She stated that the
Green Man Public House which opened at 09:00 provided a substantial
breakfast menu (included in the report), catering for tourists and
weekend shoppers in particular. Ms Jung
explained that the Applicant wished to enable customers to be given
the option of
having an alcoholic drink such as a glass of prosecco or a bloody mary with their breakfast. She added that there was no intention to have
drinks promotions or advertise the fact that there would be sales
of alcohol on Sunday mornings.
Ms Jung
stated that the Applicant was well
aware that the Premises is located in
the West End Cumulative Impact Area and that the proposed hours
were outside of the Council’s Core Hours policy (Core Hours
commences at midday on Sundays). She
made the case for the application being an “exception”
to the Council’s policy and that the application would not
add to cumulative impact. Ms Jung
referred in particular to paragraph 2.4.1 of the City
Council’s Statement of Licensing Policy (“SLP”)
that specific locations in the City had ‘been
identified as cumulative impact areas because the cumulative effect
of the concentration of late night and drink led premises and/or
night cafés has led to serious problems of disorder and/or
public nuisance affecting residents, visitors and other
businesses’. She had also
identified other instances where the SLP had ...
view the full minutes text for item 2.
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|
3. |
O'Neill's, 37-38 Great Marlborough Street, W1 PDF 2 MB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
West End Ward / West
End Cumulative Impact Area
|
O’Neill’s,
37-38 Great Marlborough Street, W1
|
Variation of a
Premises Licence
|
17/07390/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday
7th September 2017
Membership:
Councillor Tim Mitchell (Chairman), Councillor Heather Acton and
Councillor Rita Begum
Legal
Adviser:
Horatio Chance
Committee Officer:
Jonathan Deacon
Presenting Officer: Daisy Gadd. Heidi Lawrance also in
attendance.
Relevant Representations: Licensing
Authority.
Present: Ms Bo-Eun Jung (Counsel, Representing the Applicant), Ms
Karen Fahy (Manager, Applicant
Company), Ms Kerry Rossall (Designated
Premises Supervisor), Mr Joseph Concannon (Designated Premises Supervisor, Green
Man Public House, 57 Berwick Street), and Mr David Sycamore
(Licensing Authority).
O’Neill’s, 37-38
Great Marlborough Street, W1 (“The
Premises”)
17/07390/LIPV
|
1.
|
To
vary the sale of alcohol on Sunday (to include Sunday immediately
prior to a bank holiday) to commence at 10:00 hours. The commencement hour on the existing premises
licence on Sundays is midday.
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Applicant (Mitchells And
Butlers Leisure Retail Ltd) submitted an application for a
variation of the premises licence at 57 Berwick Street and also an
application for a variation of the premises licence at 37-38
Marlborough Street. These two
applications were scheduled for the same Licensing Sub-Committee
meeting on 7 September 2017. The two
applications were heard together by the Sub-Committee with the
agreement of the parties to the hearing as the Applicant in both
cases was seeking to bring the commencement hour forward for the
sale of alcohol on Sunday from midday to 10:00 hours. The Sub-Committee would however, produce separate
Decisions for each of the Premises. It was noted that both premises
are located within the Council’s West End Cumulative Impact
Area.
The Sub-Committee
heard from Ms Jung. She stated that
O’Neills which opened at 09:00
provided a substantial breakfast menu (included in the report),
catering for tourists and weekend shoppers in
particular. Ms Jung explained that the
Applicant wished to enable customers to be given the option of
having an alcoholic drink such as a glass of prosecco or a bloody mary with their breakfast. She added that there was no intention to have
drinks promotions or advertise the fact that there would be sales
of alcohol on Sunday mornings.
Ms Jung stated that
the Applicant was well aware that the Premises is located in the West End Cumulative Impact Area
and that the proposed hours were outside of the Council’s
Core Hours policy (Core Hours commences at midday on
Sundays). She made the case for the
application being an exception to the Council’s policy and
that the application would not add to cumulative
impact. Ms Jung referred in particular
to paragraph 2.4.1 of the City Council’s Statement of
Licensing Policy that specific locations in the City had
‘been identified as cumulative impact areas because the
cumulative effect of the concentration of late night and drink led
premises and/or night cafés has led to serious problems of
disorder and/or public nuisance affecting residents, visitors and
other businesses’. She had also
identified other instances where the SLP had indicated that it was
particularly the ...
view the full minutes text for item 3.
|
|
4. |
Basement And Ground Floor, 19 New Quebec Street, W1 PDF 533 KB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
Bryanston and Dorset Square Ward /
not in cumulative impact area
|
Basement And Ground
Floor, 19 New Quebec Street, W1
|
New Premises
Licence
|
17/06994/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday
7th September 2017
Membership:
Councillor Tim Mitchell (Chairman), Councillor Heather Acton and
Councillor Rita Begum
Legal
Adviser:
Horatio Chance
Committee Officer:
Jonathan Deacon
Presenting Officer: Daisy Gadd. Heidi Lawrance also in
attendance.
Relevant Representations: 1 local
resident.
Present: Mr Nic Rascle
(Applicant).
Declaration: Councillor Heather
Acton declared by way of a personal interest that she lives near
the premises and has used the Applicant’s shop. This did not in any way affect her ability to
consider the application free from bias and with an open
mind.
Basement And Ground Floor, 19
New Quebec Street, W1 (“The Premises”)
17/06994/LIPN
|
1.
|
Sale
by Retail of Alcohol (On and Off)
|
|
Tuesday to Saturday:
10:00 to 23:00
Sunday:
09:30 to 22:30
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
heard from Mr Rascle that he had opened
the Premises as a fishmonger approximately three years
ago. He wished to be able to sell
French and Japanese alcohol for consumption on and off the premises
Tuesday to Saturday 10:00 to 23:00 and Sunday 09:30 to
22:30. This was in keeping with the
fish sold, including sushi. The
Applicant envisaged that on the ground floor alcohol would be
available in the indoor and external seated eating areas and in the
basement there would be a seafood / oyster bar. There would be a maximum of 12 people in the
basement bar area. It was intended that
there would be a training/testing area in the basement where there
would be classes such as wine tasting and a demonstration of how to
prepare fish. This area would have up
to 12 people sitting and 6 people standing. The overall proposed capacity was 20 upstairs and
30 downstairs. There would be a maximum
of 6 people in the external area. There
would be no primary cooking at the Premises.
Mr Rascle was given the opportunity to respond to the
written representation from the local resident who had objected to
the application. The local resident was
not in attendance at the hearing. The
Sub-Committee noted that the local resident had referred to
significant problems with noise from Arabesque and The Grazing Goat
in New Quebec Street. He also
experienced nuisance from building work and rubbish in the street.
The Sub-Committee had noted the comments in that objection but had
to consider the application on its individual merits with a view to
promoting the licensing objectives. Mr Rascle advised that he had some twenty eight
years’ experience of catering. He
expressed the view that Portman Estate were working to improve the
street and that some of the scaffolding was beginning to be
removed. He would be restricting the
potential for noise, including that rubbish would not be collected
until 08:30 or 09:00 in the morning. He
had a storage facility for rubbish.
Most of the food would be prepared downstairs and the outside area
would not be used at a late hour.
The ...
view the full minutes text for item 4.
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