Items
No. |
Item |
1. |
Membership
To report any changes to the membership and to
appoint a Chairman.
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. |
Be Health Chinese Medical Centre Ltd, 98 Shaftesbury Avenue, W1 PDF 3 MB
App
No
|
Ward
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
St James’s
Ward
|
Be Health Chinese
Medical Centre Ltd, 98 Shaftesbury Avenue, W1
|
Application requesting
to revoke special treatment premises licence
|
16/09470/LIMSTR
|
Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday
7th December 2017
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Shamim Talukder
Legal
Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officer: Daisy
Gadd
Representations: Westminster City Council
City Inspectors
Present: Mr Francis Keegan (City
Inspectors Team Manager), Mr Nigel Carter (Agent, representing the
Licence Holder) and Dr Bi (Licence Holder)
Be Health
Chinese Medical Centre, 98 Shaftesbury Avenue, London, W1D 5EQ
(“The Premises”)
16/09470/LIMSTR
|
A
request was received from the City Inspectors to revoke the special
treatment premises licence for Be Health Chinese Medical Centre
Ltd, 98 Shaftesbury Avenue, London, W1D 5EQ. On 21 September 2017
the licence holder was successfully prosecuted by the Council in
the City of London Magistrates Court for breaching a condition on
the licence regarding touting. The licence holder was fined
£750 and was ordered to pay costs of £1,500. Following
the successful prosecution, the City Inspectors Team Manager
requested that the Licensing Sub-Committee hear the request to
revoke the special treatment licence.
|
Decision:
The Sub-Committee carefully
considered all of the material received from the parties
involved. The Sub-Committee also heard
submissions and evidence at the hearing prior to Members retiring
to reach a decision.
Mr Keegan, the City Inspectors
Team Manager, confirmed that the company holding the licence also
operated three other venues in Westminster. The issue of touting
from the Premises in question had been to court on 21 September
2017 where the licence holder had been successfully prosecuted. The
licence holder was responsible for compliance with the conditions
on the licence however there had been several other instances where
they had been breached. The Sub-Committee therefore had to make a
decision on whether it was satisfied for the licence holder to
continue to hold a special treatments licence. Mr Keegan stressed
that he had no confidence in the company or the licence holder in
ensuring that no further breaches of the conditions took
place.
Mr Carter, representing the
licence holder, confirmed that Dr Bi accepted that touting had
taken place by her staff but there were mitigating and extenuating
circumstances. Following the incident in question Dr Bi believed
that her solicitor was in contact with the relevant authorities,
unfortunately this was not the case, she had been badly let down by
her solicitor who if they had submitted a response would have
resulted in the case not going to court. Subsequently Dr Bi was
prosecuted and fined.
Mr Carter explained that Dr Bi
had held four special treatment licences since 2005. During this
time none had been refused and no prosecutions had taken place
demonstrating over an extended period of time that Dr Bi could be
considered a fit and proper person. When Dr Bi was made aware of a
staff member touting from the Premises she would have disciplined
the staff member but the Sub-Committee was advised that the City
Inspectors did not advise her who the member of staff was.
Following the incident, a staff notice sheet ...
view the full minutes text for item 3.
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4. |
Temper, 5 Mercer Walk, WC2 PDF 537 KB
App
No
|
Ward / Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
St James’s Ward
/ West End Cumulative Impact Area
|
Temper, 5 Mercer Walk,
WC2
|
New Premises
Licence
|
17/11396/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday
7th November 2017
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Shamim Talukder
Legal
Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officer: Daisy
Gadd
Relevant Representations: The Licensing Authority, The Ching
Court Association, the Covent Garden Community Association and
three local residents.
Present:
Mr Craig Bayliss (Solicitor, representing the Applicant), Ms
Samantha Lee (Director of the Applicant company), Mr Richard Brown (Solicitor, Citizens Advice
Bureau Licensing Advice Project – representing The Ching
Court Association, the Covent Garden Community Association and a
residential objector), Ms Amanda Rigby (The Ching Court
Association), Ms Jackie Havers (local resident) and Mr David
Sycamore (The Licensing Authority).
Temper, 5
Mercers Walk, London, W2 (“The Premises”)
17/11396/LIPN
|
1.
|
Late
Night Refreshment - Indoors
Monday to Thursday:
23:00 to 23:30
Friday to Saturday:
23:00 to 00:00
Seasonal Variations/Non-Standard Timings:
From 23:00 on new
Year’s Eve until 05:00 on new Year’s Day.
|
|
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 Casper & Cole Limited for a new premises licence
in respect of temper, 5 Mercers Walk, London, W2.
The Licensing Officer provided
an outline of the application to the Sub-Committee and confirmed
that the Metropolitan Police had withdrawn their representation
following the agreement of conditions with the
applicant.
Mr Bayliss explained that the
applicant already had another Temper premises operating from
Broadwick Street in Westminster which was also situated within a
Cumulative Impact Area (CIA). This Premises had operated very
successfully at this location with residents living directly above
it reporting no issues. The application before the Sub-Committee
was very similar, it was located on a new development and the
applicant had invested approximately £1.5 million in
upgrading the Premises. It was highlighted by Mr Bayliss how the
application was compliant with Westminster City Council’s
Statement of Licensing Policy (SLP). The Premises would only sell
alcohol for consumption during core hours, the full restaurant
model condition would be attached to the licence to provide
reassurance it would not become a drink-led Premises and no fast
food would be available at any time. Residents had expressed
concern over the use of the external area however this would be
restricted to twenty covers with the tables and chairs being
rendered unusable by 22:00 hours. Staff would inform customers at
21:00 that the external area had to be vacated by 22:00 hours.
These restrictions on this area were not currently conditioned but
the applicant was happy for a condition specifying this to be
placed on the licence.
In response to a question from
the Sub-Committee Ms Lee detailed how there would be a capacity of
20 customers outside on the private forecourt and 144 inside split
across two floors, 92 upstairs and 52 down stairs. Dispersal of
customers would be managed in the same manner as the Broadwick
Street premises where staff greeted customers in a reception area
and following their meal ensured ...
view the full minutes text for item 4.
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|
5. |
Reign (formerly known as Rah Rah Rooms), 215-217 Piccadilly, W1 PDF 5 MB
App
No
|
Ward / Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
St James’s Ward
/ not in cumulative impact area
|
Reign (formerly known
as Rah Rah Rooms), 215-217 Piccadilly,
W1
|
Premises Licence
Variation
|
17/11198/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday
7th December 2017
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Shamim Talukder.
Legal
Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officer: Daisy
Gadd
Relevant Representations: One Local Resident.
Present: Mr Philip Kolvin QC
(Representing the Applicant), Ms Lana Tricker (Solicitor,
representing the Applicant Company), Mr Scott Chester (Company
Director, Applicant Company), Mr John Common (Designated Premises
Supervisor, Applicant Company) and Mr David Diaz (General Manager,
Applicant Company).
Reign
(Formerly known as Rah Rah Rooms), 215-217 Piccadilly, W1
(“The Premises”)
17/11198/LIPV
|
1.
|
Conditions being varied, added or removed
|
|
|
|
Condition 55
There shall be no
entry or re-entry (excluding persons from the smoking area) to the
premises after 00:30 or such time as agreed in writing by the
Westminster Police Licensing Unit (and a copy of any agreement to
be held at reception).
|
Proposed Variation
There shall be no entry or re-entry (excluding
persons from the smoking area) to the premises after 01:30 or such
time as agreed in writing by the Westminster Police Licensing Unit
(and a copy of any agreement to be held at reception).
|
|
|
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 Strongarm Holdings Ltd for a variation of a premises
licence in respect of Reign, 215-217 Piccadilly, London, W1J
9HF.
The Licensing Officer provided
an outline of the application to the Sub-Committee and confirmed
that the Metropolitan Police had withdrawn their representation
following discussions with the applicant.
Mr Kolvin,
representing the applicant, explained that the applicant had
submitted a similar application in August 2017 which sought to vary
condition 55 to extend the last entry time to 01:30 hours. At that
time the Sub-Committee had refused the variation to condition 55 as
it wanted the Premises to demonstrate first that it was a
responsible operator who could successfully promote the licensing
objectives. Two Temporary Event Notices (TENs) had also come before
the Sub-Committee in October 2017 due to a fault with the Premises
ID scanner. The two TENs had requested a last entry time of 01:30
and the Sub-Committee had granted these as it recognised the
well-run nature of the Premises and the fact it had joined
Westminster City Council’s Best Bar None scheme. Since the
applicant had been operating the Premises a total of twenty-one
TENs had now been allowed to proceed with a last entry time of
01:30. During their operation no complaints had been received from
local residents, no responsible authorities had objected to the
events and no evidence had been provided that it would undermine
the licensing objectives.
Mr Kolvin highlighted
that the one residential representation received was from a
resident based in Eagle Place. Eagle Place was located further down
the street from the Premises and there was no evidence that any
noise experienced by the resident was created from customers of the
Premises. Efforts had been made to contact the resident on several
...
view the full minutes text for item 5.
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6. |
The Clifton, 96 Clifton Hill, NW8 PDF 166 KB
App
No
|
Ward / Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
Abbey Road Ward / not
in cumulative impact area
|
The Clifton, 96
Clifton Hill, NW8
|
Review of Premises
Licence
|
17/11411/LIREVP
|
Additional documents:
Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday
7th December 2017
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Shamim Talukder
Legal
Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee Officer: Tristan
Fieldsend
Presenting Officer: Heidi
Lawrance
Representations: Clifton Hill Residents
Group, Environmental Health, six local residents supporting the
review and sixty-one letters in support of the Premises.
Present: Mr Niall McCann (Solicitor,
Representing the Licensee), Mr Ben Robson, Mr Ed Robson and Mr Adam
Gostyn (Licence Holders), Cllr Lindsey Hall (Representing Mr
Schumacher), Mrs Antonia Moussaieff, Mr Sacha Moussaieff and Mr
Richard Slater (Local Residents supporting the Premises), Mr Andrew
Woods (Solicitor Representing the Applicants), Mr Aron, Ms Hinda
Abou, and Mr Amir Nadal (Local Residents supporting the Review) and
Mr Anil Drayan (Environmental Health).
The
Clifton, 96 Clifton Hill, London, NW8 0JT (“The
Premises”)
17/11411/LIREVP
|
An
application was submitted by the Clifton Hill Residents Group for a
review of the premises on 11 October 2017 on the grounds of
Prevention of Crime and Disorder and Prevention of Public Nuisance.
Their concerns related to noise emanating from the outside areas,
in particular the Beer Garden and patrons congregating on the low
wall and noise escaping from the conservatory to the rear of the
Premises. The Environmental Health Service initially supported the
review application in regards to the Prevention of Crime and
Disorder and Prevention of Public Nuisance licensing
objectives.
|
Decision:
The Sub-Committee carefully
considered all of the material received from the parties
involved. The Sub-Committee also heard
submissions and evidence at the hearing prior to Members retiring
to reach a decision.
Mr Woods, representing the
applicants, highlighted how twelve local residents had submitted
statements detailing nuisance emanating from the Premises which
they experienced on a regular basis when in their own homes. In
response they had prepared log books as requested by Westminster
City Council (WCC) and the Sub-Committee was asked to accept the
evidence provided by the witnesses.
Mr Woods drew the
Sub-Committee’s attention to the map submitted Mr Nadal which
detailed the nearby residences to the Premises. Apart from the
property opposite all the residences located in the immediate
vicinity of the Premises where those supporting the review and this
was relevant in terms of the alleged nuisance. It was acknowledged
that the nuisance experienced from the outside areas was
intermittent, did not occur every night and was not related to the
Premises internal areas. The nuisance when it occurred however did
disturb residents and intruded into their lives. By way of example,
he said that a nuisance being caused at 20.00 hours might have
stopped by 20.15 hours. The disturbance experienced was not that
associated with a nightclub for example but one which could affect
some nearby residents but not others located further down the
street.
Mr Woods confirmed that the
Clifton Hills Residents Group was not an official, elected
residents’ association but simply the name given to the group
of residents who had brought the review. The Group did not want the
pub to close or ...
view the full minutes text for item 6.
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