Agenda and draft minutes

Licensing Sub-Committee (5) - Thursday 31st August, 2017 10.00 am

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR. View directions

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.

3.

The Royal Oak (Shadow Licence), 74-76 York Street, W1 pdf icon PDF 1 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Bryanston And Dorset Square Ward / not in cumulative impact area

The Royal Oak (Shadow Licence), 74-76 York Street, W1

New Premises Licence

17/07127/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st August 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

The Royal Oak, 74-76 York Street, W1

17/07127/LIPN

 

 

Application withdrawn by the Applicant prior to the hearing. 

 

 

4.

Ground Floor, 31-31A Queensway, W2 pdf icon PDF 566 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Lancaster Gate Ward / Queensway & Bayswater Cumulative Impact Area

Ground Floor, 31-31A Queensway, W2

New Premises Licence

17/06728/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st August 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:  Yolanda Wade

 

Relevant Representations:         Metropolitan Police, Licensing Authority and 1 Resident Association.

 

Present:  Mr Kamran Razan (Agent, Representing the Applicant), Mr Ahady Naiem Mahamad (Applicant), PC Michael Day (Metropolitan Police), Mr David Sycamore (Licensing Authority) and Mr John Zamit (Chairman, South East Bayswater Residents’ Association).

 

Ground Floor, 31-31A Queensway, W2

17/06728/LIPN

 

1.

Sale by Retail of Alcohol (Off)

 

 

Monday to Friday:                                 08:00 to 00:00

Saturday and Sunday:                          10:00 to 00:00

 

 

Amendments to application advised at hearing:

 

 

Mr Razan, representing the Applicant, informed the Sub-Committee that the hours sought had been amended in keeping with the Council’s Core Hours policy for off-sales (Monday to Saturday 08:00 to 23:00 and Sundays 10:00 to 22:30).

 

 

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

 

 

The Sub-Committee initially heard from Mr Razan, representing the Applicant. He informed Members that the hours sought for the application had been amended in keeping with the Council’s Core Hours policy for off-sales.  The Applicant had also agreed the conditions proposed by Environmental Health and Metropolitan Police.  Environmental Health had subsequently withdrawn their representation. Mr Razan placed emphasis on the Applicant looking to prevent any possibility of street drinking arising from off sales at the premises.  He added that the shop had been trading since 4 June 2017.

 

PC Day confirmed that the Applicant had agreed the Police’s proposed conditions.  He advised that the Police’s representation had been maintained as 31-31A Queensway is located within one of the Council’s designated cumulative impact areas (Queensway / Bayswater).

 

The Sub-Committee was addressed by Mr Sycamore on behalf of the Licensing Authority.  He stated that the Licensing Authority’s chief concern was adding to cumulative impact and the potential for street drinking in the event of another licence for alcohol being granted.  He questioned how the shop would trade which appeared to have previously sold souvenirs and operated as a bureau de change.  Mr Sycamore also asked what percentage of sales would be alcohol related.

 

Mr Zamit on behalf of South East Bayswater Residents’ Association (‘SEBRA’) expressed concerns regarding the number of drinking establishments and off licences in the Queensway / Bayswater Cumulative Impact Area.  However, it was his view that provided it could be demonstrated that the premises would not have an adverse impact on the area he would be content for the application to be granted subject to conditions.  He was pleased that the Applicant had agreed Environmental Health’s proposed conditions which were consistent with SEBRA’s requested conditions and also that the proposed hours had been reduced to Core Hours.  Mr Zamit was keen to have a condition on the premises licence which prevented miniatures of alcohol such as whisky and vodka being sold in order to discourage street drinking in the area.

 

Mr Zamit stated that he did not  ...  view the full minutes text for item 4.

5.

Tank and Paddle, 15-17 Heddon Street, W1 pdf icon PDF 539 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

Tank and Paddle, 15-17 Heddon Street, W1

Variation of a Premises Licence

17/07271/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st August 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Tank and Paddle, 15-17 Heddon Street, W1

17/07271/LIPV

 

 

Application withdrawn by the Applicant prior to the hearing. 

 

 

 

6.

Avery House, 1-3 Avery Row, W1 pdf icon PDF 647 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward / not in cumulative impact area

Avery House, 1-3 Avery Row, W1

New Premises Licence

17/06724/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st August 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Avery House, 1-3 Avery Row, W1

17/06724/LIPN

 

 

The application was granted under delegated powers prior to the hearing as all objectors had withdrawn their representations. 

 

 

7.

Chez Antoinette, The Piazza, Covent Garden pdf icon PDF 332 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

St James’s Ward / West End Cumulative Impact Area

Chez Antoinette, The Piazza, Covent Garden

Variation of a Premises Licence

17/06988/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st August 2017

 

Membership:              Councillor Peter Freeman (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:  Yolanda Wade

 

Relevant Representations:         Licensing Authority.

 

Present:  Ms Liz Coley (Solicitor, Representing the Applicant), Ms Aurelia Delclos (Owner and Designated Premises Supervisor) and Mr David Sycamore (Licensing Authority).

 

Chez Antoinette, The Piazza, Covent Garden

17/06988/LIPV

 

1.

Conditions being varied, added or removed

 

 

From

 

Condition 14 – All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

To

 

Condition 14 – The consumption of alcohol off the premises will be in sealed containers or consumed by persons in the external seating area (shown as hatched on the plan) and in accordance with the requirements of condition 11.

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Ms Coley, representing the Applicant.  She stated that the variation of the premises licence had been applied for in order to provide off sales to diners in an additional external seating area at the French café / restaurant on the lower ground floor of The Piazza.  A current condition on the existing premises licence which the Applicant wished to amend set out that ‘all sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises’.  The Applicant had agreed with Environmental Health a proposed condition that off sales were also available for consumption in the new external seating area on the private forecourt and that the alcohol served at the new external seating area would be ancillary to the Council’s model restaurant condition MC66.  Ms Coley referred to the Council’s model restaurant condition, MC66, already applying by way of condition inside the premises building and the existing seating area immediately outside the premises building.

 

Ms Coley clarified that there were currently six covers immediately outside the building which were included in the licensed area on the plans (the overall capacity including the internal area was thirty people).  The Sub-Committee noted that the Applicant had agreed with Environmental Health a second proposed condition that there would be an additional 16 people in the new external seating area on the private forecourt (this was further away from the premises building than the existing seating area). 

 

Ms Coley provided the additional information that the landlord, Capital & Counties Properties PLC (‘CAPCO’) had permitted the Applicant the use of the area for additional external seating.  She also commented that the Applicant had used a full quota of temporary event notices for the new external seating area without any issues being raised and that the premises was not open for the full hours permitted on its licence throughout the week.  It was open until 20:00 on a Sunday, 21:00 Monday to Thursday and 23:00 on a Friday and Saturday.

 

Ms  ...  view the full minutes text for item 7.