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Agenda and draft minutes

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Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

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 icon 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.

2.

52 Rupert Street & 2 Tisbury Court, W1 pdf icon 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.

3.

Aquavit, 1 Carlton Street, SW1 pdf icon 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.

4.

Unit 1A, 4 Swiss Court, Leicester Square pdf icon 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.

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.