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:
There were no declarations of
interest.
|
1. |
Avery House, 1-3 Avery Row, W1 PDF 598 KB
App
No
|
Ward /
Cumulative Impact
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
West End Ward / not in
cumulative impact area
|
Avery House, 1-3 Avery
Row, W1
|
Variation of a
Premises Licence
|
18/02645/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday
26th April 2018
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and
Councillor Aziz Toki
Legal
Adviser:
Heidi Titcombe
Policy
Adviser:
Chris Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officers:Shannon Pring
Steve Rowe
Relevant Representations: Environmental Health and Six Local
Residents
Present:
Mr Alun Thomas (Solicitor, representing the Applicant), Mr
Alanopolis (Applicant), Mr Dave Nevitt (Environmental Health), PC
Toby Janes (Metropolitan Police), Mr Richard Brown (Solicitor,
Citizens Advice Bureau Licensing Advice Project, representing Mr
Paul Robinson and Mr Robert Gray), Mr Paul Robinson, Mr Robert Gray
and Mr Jean-Louis Bravard (representing the local resident Mrs
Rachel Bravard)
Avery
House, 1-3 Avery Row, London, W1K 4AJ (“The
Premises”)
18/02645/LIPV
|
1.
|
Playing of Recorded Music
Current:
Monday to Thursday:
23:00 to 23:30
Friday to Saturday:
23:00 to 00:00
|
Proposed:
Monday to Wednesday:
23:00 to 23:30
Thursday to Saturday:
23:00 to 01:00
|
Licensable Area
Basement, Ground
Floor, First Floor and Second Floor
|
Include the
1st Floor area hatched black within the licenced
area.
|
Seasonal Variations/Non-Standard Timings:
From the end of
permitted hours on New Year’s Eve to start of permitted hours
on New Year’s Day.
On Sundays prior to
holidays/public holidays 23:00 until 00:30.
|
No change to permitted
hours on New Year’s Eve.
To extend the hours on
Sundays prior to holidays/public holidays 23:00 until
01:00.
|
|
|
Amendments to
application advised at hearing:
The applicant advised
that no music would played on the external terrace area.
|
|
Decision (including
reasons if different from those set out in report):
The Sub-Committee considered an
application by Lemonthree Ltd for a variation of a premises licence
in respect of Avery House, 1-3 Avery Row, London, W1K
4AJ.
The Licensing Officer
provided an outline of the application to the
Sub-Committee.
Mr Thomas,
representing the applicant, confirmed that the Premises had been
granted its existing licence in 2017. The permitted licensable
activities were restricted to core hours with the opening hour
thirty minutes beyond this. Discussions had been held with the
local resident, Mr Robinson, and the Sub-Committee was advised that
the resident was of the opinion that the variation application was
being submitted too early as there was only a limited operational
history of the Premises. Mr Thomas explained that the reason why it
was being applied for was because a nearby development was due to
commence works shortly and it was
expected that the noisy works to be undertaken would have a
significant impact on the Premises trade. It was recognised that
this was not a reason to grant the application but was an
explanation why the applicant wished to seek ways of increasing the
income of the Premises at an early stage of its
operation.
Mr Alanopolis, the
applicant, explained that the food concept was Mediterranean with
an Asian influence. It was a fine dining restaurant where the
expected spend per person was approximately £100. The
Premises functioned as a restaurant and was not a
nightclub.
Mr Thomas highlighted
that this was not a casual dining restaurant and customers would
...
view the full minutes text for item 1.
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|
2. |
52 Rupert Street & 2 Tisbury Court, W1 PDF 717 KB
App
No
|
Ward /
Cumulative Impact
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
West End Ward / West
End Cumulative Impact Area
|
52 Rupert Street &
2 Tisbury Court, W1
|
New Premises
Licence
|
18/02747/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday
26th April 2018
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and
Councillor Aziz Toki
Legal
Adviser:
Heidi Titcombe
Policy
Adviser: Chris
Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officers:Shannon Pring
Steve Rowe
Relevant Representations: The Licensing Authority, Environmental
Health and Two Local Residents.
Present:
Mr Charles Denny (Agent, representing the Applicant), Mr Yutong
Feng (Applicant), Miss Daisy Gadd (Licensing Authority) and Mr Dave
Nevitt (Environmental health)
52 Rupert
Street and 2 Tisbury Court, London, W1D 6DS (“The
Premises”)
18/02747/LIPN
|
1.
|
Late
Night Refreshment - Indoors
Thursday to Saturday:
23:00 to 00:00
|
|
Amendments to
application advised at hearing:
None.
|
|
Decision (including
reasons if different from those set out in report):
The Sub-Committee considered an
application by Pocha Ltd for a new premises licence in respect
of 52 Rupert Street and 2 Tisbury Court,
London, W1D 6DS.
The Licensing Officer
provided an outline of the application to the
Sub-Committee.
Mr Denny, representing
the applicant, described the Premises as providing a modern, new
style of dining. It was a very small venue with a maximum capacity
for only ten customers. The dining area was located at the rear of
the Premises with just one large L-shaped table provided as
seating. A member of staff would show customers to their table and
alcohol would only be served to those customers seated and dining.
The Premises would also operate within core hours.
The Council’s
Policy Adviser requested clarification over the hatched area on the
plans designating where the licensed area would be located. Mr
Denny displayed a revised plan of the Premises, which highlighted
that only the rear area would be licensed. Appropriate signage
would be displayed informing customers where they would be able to
consume alcohol.
The applicant proposed
to sell alcohol until 23:30 hours on Monday to
Wednesdays. However, the applicant also
agreed to a condition that any alcohol served would be ancillary to
food. If the applicant wanted to sell alcohol ancillary to hot food
after 23:00 hours, the applicant would have needed to apply for
permission for the provision of late night refreshment (LNR) on
Monday to Wednesday as part of the application. The Council’s Legal Adviser pointed out that
as the applicant had not applied for LNR for Monday to Wednesday as
part of his application, the Sub-Committee had no ability to add
this to the application at this stage.
The applicant could apply for LNR as a separate variation
application at a later stage. Mr Denny
confirmed that the applicant was content for the application to be
amended so that the hours sought for the sale of alcohol would be
restricted to 23:00 hours on Monday to Wednesdays in order to
comply with the ancillary food condition.
Mr Nevitt,
representing Environmental Health (EH), expressed concern over two
aspects of the application. Firstly, the Premises was located in a
Cumulative Impact Area (CIA), which indicated that applications
should be refused where the premises would not be operating to
comply with the model restaurant ...
view the full minutes text for item 2.
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|
3. |
Aquavit, 1 Carlton Street, SW1 PDF 3 MB
App
No
|
Ward /
Cumulative Impact
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
St James’s Ward
/ West End Cumulative Impact Area
|
Aquavit, 1 Carlton
Street, SW1
|
Variation of a
Premises Licence
|
18/02000/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday
26th April 2018
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and
Councillor Aziz Toki
Legal
Adviser:
Heidi Titcombe
Policy
Adviser:
Chris Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officers:Shannon Pring
Steve Rowe
Relevant Representations: The Licensing Authority, Environmental
Health and The Metropolitan Police
Present:
Ms Sarah Le Fevre (Counsel, representing the Applicant), Mr Philip
Hamilton (Applicant), Ms Daisy Gadd (Licensing Authority), Mr Dave
Nevitt (Environmental Health) and PC
Toby Janes (Metropolitan Police).
Aquavit, 1
Carlton Street, London, SW1Y 4QQ (“The
Premises”)
18/02000/LIPV
|
1.
|
Conditions being Varied, Added or Removed
Current:
Condition
11
The supply of alcohol
on the premises shall only be to a person seated taking a table
meal there and for consumption by such a person as ancillary to
their meal.
|
Proposed:
Condition
11
The supply of alcohol
on the premises shall only be to a person seated taking a table
meal there and for consumption by such a person as ancillary to
their meal, but in the private dining rooms on the mezzanine floor
and in the bar area on the ground floor, these restrictions shall
not apply.
|
|
|
Amendments to
application advised at hearing:
None.
|
|
Decision (including
reasons if different from those set out in report):
The Sub-Committee considered an
application by Aquavit London Ltd for a variation of a premises
licence in respect of Aquavit, 1 Carlton
Street, London, SW1Y 4QQ.
The Licensing Officer
provided an outline of the application to the
Sub-Committee.
Ms Le Fevre,
representing the applicant, explained that the application was for
a purpose built Premises which had been redeveloped by the
applicant at a cost of £7 million. The Premises was
surrounded by office and non-residential accommodation. The
applicant had a track record of being a responsible operator and
whilst this was not considered an exception to Policy the
Sub-Committee could be assured the Premises would be managed
properly. Ms Le Fevre confirmed that the Premises would only
operate as a restaurant. It was located just within the Cumulative
Impact Area (CIA), vehicles would not be able to enter this area to
access the Premises and customers would have to exit away from the
CIA. No residential representations had been received which
provided a degree of exceptionality to the CIA policy. Significant
conditions, were already attached to the licence and these included
ensuring the supply of alcohol was served by waiter/waitress
service only and ensuring substantial food would continue to be
available in all parts of the Premises would not be amended,. Food
and drink could not be sold for consumption away from the Premises
after 23:00 hours and all outside tables and chairs would continue
to be rendered unusable after 23:00. There would also be no change
in capacity, which would remain at 270 for the entire
Premises.
Ms Le Fevre confirmed
that what the applicant was seeking was a relaxation on condition
11. This would seek to allow the sale of alcohol to customers who
were not seated in the private dining rooms ...
view the full minutes text for item 3.
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|
4. |
Unit 1A, 4 Swiss Court, Leicester Square PDF 239 KB
App
No
|
Ward /
Cumulative Impact
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
St James’s Ward
/ West End Cumulative Impact Area
|
Unit 1A, 4 Swiss
Court, Leicester Square
|
New Premises
Licence
|
18/01575/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday
26th April 2018
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and
Councillor Aziz Toki
Legal
Adviser:
Heidi Titcombe
Policy
Adviser: Chris
Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officer: Shannon
Pring
Steve Rowe
Relevant Representations: The Licensing Authority
Present:
Ms Heather Oliver (Barrister, representing the Applicant), Mr
Nirmal Sethi and Mr Odera (representing the Applicant
Company)
Unit 1A, 4
Swiss Court, Leicester Square (“The
Premises”)
18/01575/LIPN
|
1.
|
Regulated Entertainment - Recorded Music - Indoors
Monday to Thursday:
10:00 to 23:30
Friday to Saturday:
10:00 to 00:00
Sunday: 12:00 to
22:30
Seasonal Variations/Non-Standard Timings:
12:00 to 00:00 on
Sundays immediately prior to Bank Holidays.
|
|
Amendments to
application advised at hearing:
None.
|
|
Decision (including
reasons if different from those set out in report):
The Sub-Committee considered an
application by Devyani International (UK) PVT Ltd for a new
premises licence in respect of Unit 1A, 4
Swiss Court, Leicester Square.
The Licensing Officer
provided an outline of the application to the Sub-Committee and
confirmed that the Metropolitan Police and Environmental Health
(EH) had withdrawn their representations following the agreement of
conditions with the Applicant.
As part of the
application, the Applicant proposed that alcohol would be served
ancillary to customers taking a table meal. However, the Council’s Legal Adviser
explained that the Applicant had not applied for the provision of
late night refreshment which would allow hot food to be served
after 23:00 hours. This meant that the
Applicant could not comply with the proposed condition that alcohol
would be served ancillary to a table meal. Ms Oliver, representing
the Applicant, asked for the Sub-Committee to grant the hours for
the sale of alcohol on the basis that the Applicant understood that
they would not be able to use the licence until such time as the
Applicant applied for a variation requesting permission for late
night refreshment to comply with the condition.
Ms Oliver explained
that only the first floor would be licensed and any references in
the application to a bar were describing a tea bar, as the concept
of the Premises centered on the sale of tea. The representation
from the Licensing Authority was policy based as the Premises was
located within a Cumulative Impact Area (CIA), however the
Sub-Committee was advised that the Premises would not impact on the
local area. The restaurant would be ancillary to the shop and
access to the licensed area would be through the retail area. The
Applicant had operated a concession in Harrods’s for fifteen
years and it was planned for this Premises to become their flagship
store. A similar licensed premises had just opened in Brompton
Road, London which operated in the same way with the licensed area
functioning as a high-end restaurant with alcohol restricted to a
few select wines. No beers would be available and no alcohol would
be on display. Sales of alcohol would be ancillary to customers
taking a table meal and advertising of the restaurant would be
limited.
Ms Oliver confirmed
that ...
view the full minutes text for item 4.
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|
5. |
Smith's Bar and Grill, 25 Sheldon Square, W2
App
No
|
Ward /
Cumulative Impact
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
5.
|
Hyde Park Ward / not
in cumulative impact area
|
Smith’s Bar and
Grill, 25 Sheldon Square, W2
|
Review of Premises
Licence
|
18/00606/LIREVP
|
Additional documents:
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday
26th April 2018
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and
Councillor Aziz Toki
Legal
Adviser:
Heidi Titcombe
Policy
Adviser:
Chris Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officer: Daisy
Gadd
Steve Rowe
Representations: Environmental Health, four
local residents supporting the review and eleven residents
supporting the Premises
Present: Ms Tanya Dias (Applicant),
Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing
Advice Project, representing Ms Tanya Dias), Councillor Antonia Cox
and Mr Maconnal-Mason (Witnesses, representing the Applicant), Mr
Robert Botkai (Solicitor, representing the Licence Holder), Mr Odil
Raupov (Manager and DPS of the Premises), Mr Francois Gijzels and
Ms Sharon Murray (Witnesses, representing the Licence Holder), Mr
Ian Watson (Environmental Health) and Ms Juliana Dyer-Hall
(Environmental health Witness),
Smith’s Bar and Grill, 25 Sheldon Square, London, W2
6EY
18/00606/LIREVP
|
An
application was submitted by Ms Tanya Dias for a review of the
premises licence on 15 January 2018 on the grounds of Prevention of
Public Nuisance. The concerns raised related to numerous instances
of antisocial nuisance, which had caused disturbance to local
residents and had subsequently resulted in breaches of licence
conditions. Four representations were received in support of the
review from local residents and the ward councillor, eleven
representations were received against and in support of the
premises.
|
Decision:
The Sub-Committee carefully
considered all of the material received from the parties involved,
including the additional documents which had been submitted by
various parties prior to the hearing.
The Sub-Committee also heard submissions and evidence at the
hearing prior to Members retiring to reach a decision.
Mr
Brown from the Westminster Citizens Advice Bureau, representing the
applicant, explained that the issues surrounding the application
polarised opinions. However he would focus on whether the Premises
was promoting the licensing objectives. For some of the residents
the issues had been ongoing since 2009 and had therefore been
gestating for a significant period of time. What finally brought
about the application for a review was the applicant’s
correspondence with the Premises’ Designated Premises
Supervisor (DPS) in January 2018, following her being disturbed in
December. In December 2017, the applicant had alerted the DPS to
customers smoking outside of the designated area (underneath her
window) and also requested details on whether it was planned to
hold a New Year’s Eve party. The applicant was keen to
understand if this was to occur as previous New Year’s Eve
events had caused disturbance to the applicant. The applicant
requested to know what mitigating measures where to be put in place
to prevent disturbance from happening again. No response was
received from the DPS. However, a New Year’s Eve party was
held and this caused noise and nuisance to the applicant and also
affected another nearby resident. This lack of response from the
DPS, who was supposed to be the main point of contact if there were
issues, represented a significant failing and therefore Ms Dias had
submitted the review application. The Sub-Committee noted that the
application for review had been supported ...
view the full minutes text for item 5.
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