Items
No. |
Item |
1. |
Membership
To report any changes to the membership.
Minutes:
1.1 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:
2.1 There were no
declarations of interest.
|
1. |
North Audley Canteen, 1 North Audley Street, London, W1K 6ZP PDF 958 KB
App
No
|
Ward
/
Cumulative Impact Area
|
Site Name
and Address
|
Application
|
Licensing
Reference Number
|
1.
|
West End
Ward /not in cumulative impact area
|
North
Audley Canteen, 1 North Audley Street, London, W1K 6ZP
|
Premises
Licence Variation
|
18/04306/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday
28th June 2018
Membership:
Councillor Tim Mitchell (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal
Adviser:
Barry Panto
Policy
Adviser:
Kerry Simpkin
Committee Officer: Tristan
Fieldsend
Presenting Officer: Shannon
Pring
Relevant Representations: The Licensing Authority, Environmental
Health, Two residents Opposed to the Application and One Resident
in Support of the Application.
Present:
Mr Alun Thomas (Solicitor, representing the Applicant), Mr Gabriel
Cohen and Mr Jeremey Coste (Applicants) and Sally Fabbricatore (Environmental
Health).
North
Audley Canteen, 41 North Audley Street, London, W1K 6ZP (“The
Premises”)
18/04306/LIPV
|
1.
|
Regulated Entertainment
Licensable Area
Unrestricted
|
As defined by the red
line on the proposed premises plans that include a terrace
area.
|
Non-Standard Timings
On New Year's Eve from
the end of permitted hours on New Year's Eve to the start of
permitted hours on the following day (or, if there are no permitted
hours on the following day, midnight on 31st December).
|
From the end of
permitted hours on New Year’s Eve to the start of permitted
hours 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 Double Five Hospitality Ltd for a variation of a
premises licence in respect of North Audley Canteen, 41 North
Audley Street, London, W1K 6ZP.
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confirmed that the Metropolitan Police had withdrawn their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 Thomas,
representing the applicant, advised the Sub-Committee that the
applicants had operated the restaurant for five years during which
there was no record of any complaints having being made against the
Premises. The application was formed of three parts, an increase in
hours, amendments to the conditions and the inclusion of an
external space within the licensed area.
In terms of the hours
sought the application was seeking to increase those for licensable
activities to bring it in line with the Council’s core hours
policy on Monday to Saturdays. It was also proposed to extend the
hours for Sundays to between 10:00 and 23:00 although any alcohol
consumed at this earlier Sunday hour would be ancillary to the
customer taking a table meal. Mr Thomas advised that the
Council’s Statement of Licensing Policy (SLP) generally
granted applications which operated within core hours, although it
was recognised that the application did intend for the
Premises’ opening hours to extend thirty minutes beyond those
permitted for licensable activities. Full restaurant conditions
were not attached to the licence but the Sub-Committee was assured
that the operation was one essentially of a restaurant. Mr Thomas
also highlighted that the Premises was not located within a
Cumulative Impact Area (CIA).
With regards to the
amendments to the conditions Mr Thomas explained that it was
proposed to update several of these to permit waste to be left at
the front of the Premises and to reflect changes to the permitted
hours. ...
view the full minutes text for item 1.
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|
2. |
Home Grown, 44 Great Cumberland Place, London, W1H 7BS PDF 14 MB
App
No
|
Ward
/
Cumulative Impact Area
|
Site Name
and Address
|
Application
|
Licensing
Reference Number
|
2.
|
Bryanston
and Dorset Square Ward /not in cumulative impact area
|
Home
Grown, 44 Great Cumberland Place, London, W1H 7BS
|
Premises
Licence Variation
|
18/05022/LIPV
|
Minutes:
The application was granted
under delegated authority.
|
3. |
Marks & Spencer Plc, 169 - 173 Oxford Street, London, W1D 2JR PDF 891 KB
App
No
|
Ward
/
Cumulative Impact Area
|
Site Name
and Address
|
Application
|
Licensing
Reference Number
|
3.
|
West End
Ward /Cumulative Impact Area
|
Marks
& Spencer Plc, 169 - 173 Oxford Street, London, W1D
2JR
|
Premises
Licence Variation
|
18/05212/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday
28th June 2018
Membership:
Councillor Tim Mitchell (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal
Adviser:
Barry Panto
Policy
Adviser:
Kerry Simpkin
Committee Officer: Tristan
Fieldsend
Presenting Officer: Shannon
Pring
Relevant Representations: The Licensing Authority
Present:
Mr Jon Wallsgrove (Solicitor, representing the Applicant), Mr Jamie
Smith (Representing the Applicant Company), Ms Roxsana Haq and
Mr Steve Rowe (Licensing
Authority).
Marks
& Spencer, 169-173 Oxford Street, London, W1D 2JR (“The
Premises”)
18/05212/LIPV
|
1.
|
Sale
by Retail of Alcohol – On Sales
Current:
None
|
Proposed:
Monday to Saturday:
10:00 to 23:00
Sunday: 12:00 to
22:30
|
Licensable Area
N/A
|
First floor only, area
hatched red on plan.
|
|
|
Amendments to
application advised at hearing:
The applicant advised
that the application had been amended so that the sale of alcohol
for consumption on the premises would cease at 20:00
hours.
|
|
Decision (including
reasons if different from those set out in report):
The Sub-Committee considered an
application by Marks & Spencer PLC for a variation of a
premises licence in respect of Marks & Spencer, 169-173 Oxford
Street, London, W1D 2JR.
The Licensing Officer
provided an outline of the application to the Sub-Committee and
confirmed that Environmental Health (EH) and the Metropolitan
Police had withdrawn their representations following the agreement
of conditions with the Applicant.
Mr Wallsgrove,
representing the applicant, confirmed that the application was to
vary the current licence to permit the sale of alcohol for
consumption in the café on the first floor of the Premises.
The Sub-Committee was advised that following concerns raised the
application was amended so that the sale of alcohol for consumption
on the Premises would cease at 20:00 hours. It was acknowledged
that the Premises was located within a Cumulative Impact Area
(CIA), however it could be considered an exception to policy on
several grounds. Firstly, paragraph 2.4.17 of the Council’s
Statement of Licensing Policy (SLP) recognised that premises such
as cafes provided a significant food offer without the sale of
alcohol being ancillary to food. The Premises did operate as a
café, providing a significant food offer and required all
customers to be seated. Due to the café style nature of the
operation the applicant did not want a full restaurant condition to
be attached to the licence. Secondly, Mr Wallsgrove highlighted
that under paragraph 2.4.18 of the SLP it stated that applications
for these types of premises, which could demonstrate that they
would not add to cumulative impact, would generally be granted
provided they operated within core hours.
Mr Wallsgrove
explained that a significant hot and cold food offer would be
available at the Premises at all times when alcohol was sold.
Customers would always be seated and no vertical drinking would be
permitted. The alcohol offer would be limited to single glass
bottles of wine and on special occasions single glass bottles of
prosecco. Several other retailers in close proximity to the
premises provided a similar offer where alcohol could be consumed
on the premises and this was becoming a significant part of
...
view the full minutes text for item 3.
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|
4. |
Co-Operative, 108 Westbourne Grove, London, W2 5RU PDF 391 KB
App
No
|
Ward
/
Cumulative Impact Area
|
Site Name
and Address
|
Application
|
Licensing
Reference Number
|
4.
|
Bayswater
Ward /Bayswater Cumulative Impact Area
|
Co-Operative, 108 Westbourne Grove, London, W2
5RU
|
New
Premises Licence
|
18/04834/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday
28th June 2018
Membership:
Councillor Tim Mitchell (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal
Adviser:
Barry Panto
Policy
Adviser: Kerry
Simpkin
Committee Officer: Tristan
Fieldsend
Presenting Officer: Shannon
Pring
Relevant Representations: The Licensing Authority, Environmental
Health, the Metropolitan Police, the South East Bayswater Residents
Association, the Hereford Road Association, the Hereford Mansions
Residents Association and eight local residents.
Present: Ms Richard Arnot (Solicitor, representing the Applicant), Mr
Craig Smith and Mr Muhammad Rahman (Representing the Applicant
Company), Ms Roxsana Haq and Mr Steve Rowe (Licensing Authority), Mr
Dave Nevitt (Environmental Health), PC Riaz Guerra (Metropolitan Police), Mr Richard Brown
(Solicitor, Citizens Advice Bureau Licensing Advice Project,
representing SEBRA), Mr John Zamit (South East Baysater Residents Association), Mr Noel
Deens (Representing Five Local
Residents) and Ms Sally Simpson and Mr George Tzircotis (Local residents)
Co-Operative, 108 Westbourne Grove, London, W2 5RU (“The
Premises”)
18/04834/LIPN
|
1.
|
Sale
by Retail of Alcohol – Off Sales
Monday to Saturday:
08:00 to 23:00
Sunday: 10:00 to
22:30
|
|
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 Co-operative Group Food Ltd for a new premises
licence in respect of Co-Operative, 108
Westbourne Grove, London, W2 5RU.
The Licensing Officer
introduced the application to the Sub-Committee.
Mr Arnot, representing the applicant, explained that
it was planned for the Premises to open
as a Co-Op convenience store in October 2018. Formerly it traded as
a Carluccio’s and the licence for
that operation was still in place. It currently permitted the sale
and consumption of alcohol on the Premises from 08:00 to 00:00
hours Monday to Saturday and 11:00 until 22:30 on Sundays. These
hours were beyond what the applicant was seeking for the new
operation. A restaurant style condition was
attached to the existing licence but this only applied after
23:00 hours. Mr Arnot confirmed that if
the Sub-Committee was minded to grant
the application before it the existing licence would be surrendered
in exchange.
The Sub-Committee was advised by Mr Arnot that the
Premises would trade as a busy convenience store where it was hoped
to also provide an alcohol offer. Alcohol sales would only account
for approximately 15% of turnover, the Premises was not a dedicated
off-licence and alcohol sales were ancillary to its function as a
convenience store. The applicant was very experienced and was aware
of how to build up good relations with local residents and the
responsible authorities. A Risk Manager was in place to help
resolve any potential issues which might
arise and details were provided of the extensive training
staff received in alcohol sales. Other safeguards included the
installation of CCTV at the Premises both internally and
externally, requiring all tills to have age prompts and ensuring
all beer and wine displays were located at the rear of the property
to try and prevent shoplifting. The
store would also have three personal licence holders which meant it ...
view the full minutes text for item 4.
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