Agenda and minutes

Licensing Sub-Committee (1)
Thursday 11th October, 2018 10.00 am

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

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

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.

The Draft House, West End Quay, South Wharf Road, London, W2 1LA pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Hyde Park Ward/ West End Cumulative Impact Area

The Draft House, West End Quay, South Wharf Road, London, W2 1LA

New Premises Licence

18/09700/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 11th October 2018

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:   Michelle Steward

 

Relevant Representations:     Environmental Health, a Residents’ Association, a Right to Manage Company, 3 Ward Councillors, 2 corporate objections and 59 individual representations.

 

Present:  Anthony Lyons (Solicitor, representing the Applicant Company), Mark Elliott (Operations Manager, Applicant Company), Dave Nevitt (Environmental Health), Richard Brown (Solicitor, Citizens Advice Bureau, representing Michael Clarke, John Zamit and Paddington Waterways and Maida Vale Society), John Zamit (South East Bayswater Residents’ Association) and Paul Harrison (West End Quay Right to Manage Company).

 

 

The Draft House, West End Quay, South Wharf Road, London, W2 1LA (“The Premises”)

18/09700/LIPN

 

1.

Sale by retail of alcohol: On and off sales

 

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

This was an application by Draft House Holding Ltd for a new premises licence to replace an existing premises licence. The application is for essentially the same hours of operation but does not include any regulated entertainment apart from the exhibition of films

 

Anthony Lyons (Solicitor, representing the Applicant Company) began by giving apologies for absence from James Brown, Retail Operations Director at BrewDog and director of Draft House Holdings Limited, who was away on business and had submitted a witness statement. Mr Lyons explained that BrewDog had acquired Draft House Holdings Limited in 2018, as both companies shared an appreciation for fine beers. BrewDog had acquired 13 sites this year, and in respect of this site, the conditions on its current premises licence did not fit the business model that BrewDog premises operated to. The Sub-Committee heard that the premises had previously operated as the Grand Union public house, which hosted DJs on Fridays and Saturdays until the terminal hour. Some internal refurbishments were due to take place on the premises. Mr Lyons stated that the Applicant Company had undertaken pre-application consultation and had extensive conversations with City Council officers. Many of the conditions proposed were as a result of recommendations made by officers, including some as a result of a meeting with Dave Nevitt from Environmental Health. It was not proposed to extend the hours of operation, however it appeared that some residents had misunderstood the Applicant Company’s intentions as they had commented that the Applicant Company was seeking to extend the hours in their representation. Mr Lyons stated that the only extension the Applicant Company was seeking was to be permitted to supply alcohol without it being ancillary to a table meal to customers in the external area up to 20:00 hours, rather than up to 17:00 as permitted on the current licence.

 

Mr Lyons referred Members to James Brown’s witness statement amending the sale and consumption of alcohol to 10:00 to 23:00 Monday to Saturday and 12:00 to 22:00 Sunday, in order to address residents’  ...  view the full minutes text for item 1.

2.

Pure Wines, Lower Ground Floor, 21 Berners Street, London, W1T 3LP pdf icon PDF 445 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward/ Not In Cumulative Impact Area

Pure Wines, Lower Ground Floor, 21 Berners Street, London, W1T 3LP

New Premises Licence

18/09777/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 11th October 2018

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:   Michelle Steward

 

Pure Wines, Lower Ground Floor, 21 Berners Street, London, W1T 3LP

18/09777/LIPN

 

 

Application granted by delegated authority following withdrawal of all representations prior to the hearing.

 

 

 

3.

Italian Garden Cafe, Kensington Gardens, Serpentine Road, London, W2 2UH pdf icon PDF 1 MB

14App No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Knightsbridge and Belgravia Ward/ West End Cumulative Impact Area

Italian Garden Cafe, Kensington Gardens, Serpentine Road, London, W2 2UH

New Premises Licence

18/04177/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 11th October 2018

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:   Michelle Steward

 

Relevant Representations: A Residents’ Association.

 

Present:  Sarah Bellamy-Colicci (Compliance Manager, Applicant Company), Dave Nevitt (Environmental Health – called as a witness), Richard Brown (Solicitor, Citizens Advice Bureau, representing John Zamit) and John Zamit (South East Bayswater Residents’ Association).

 

 

Italian Garden Café, Kensington Gardens, Serpentine Road, London, W2 2UH (“The Premises”)

18/04177/LIPN

 

1.

Sale by retail of alcohol: On sales

 

 

Monday to Sunday: 11:00 to 19:30

 

 

 

Amendments to application advised at hearing:

 

Sunday: 12:00 to 19:30

 

 

 

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

 

This was an application for a new premises licence in respect of a café operating within Kensington Gardens. Michelle Steward (Presenting Officer) introduced the item and advised that the proposed hours for sale of alcohol on Sunday had been amended to a later commencement hour of 12:00. She confirmed that the Police and Environmental Health had withdrawn their representations after agreeing conditions with the Applicant Company.

 

Sarah Bellamy-Colicci (Compliance Manager, Applicant Company) was invited to address the Sub-Committee and stated that the reason for the application was to add alcohol as part of the customer offer. She stated that the premises would continue to operate as a café, and not a bar. Presently, there was only W/C provision for staff, however there were W/C facilities in the park adjacent to the premises which carried a charge to use, although there had previously been no charge.

 

Richard Brown (Solicitor, Citizens Advice Bureau, representing John Zamit) advised that he was happy with condition 22 in the report proposed by the Police stating that if customer toilets are not provided at the premises, the licence holder shall ensure that access to the nearby public toilets shall be free of charge to the customers of the premises. As the Police, and also Environmental Health, had withdrawn their representations, he sought clarification as to whether this condition could be adhered to. Mr Brown also suggested that the Applicant Company’s proposed condition 15 relating to the premises not operating beyond the park’s opening hours was preferable to the alternative condition proposed by the Police.

 

John Zamit (South East Bayswater Residents’ Association) addressed the Sub- Committee and stated that the premises was one of his favourite cafes. He welcomed the amendment to a later commencement hour for the sale of alcohol on Sunday. In respect of the nearby public W/C facilities, he advised that there was a 20 pence charge to use them and the hours during which they were open did not entirely cover the opening hours of the premises. Mr Zamit informed the Sub-Committee that Parks Services had stated that a token system would not work, and so customers would be required to use cash to use the W/C facilities. He stated that consideration could be given as to whether the application warranted an  ...  view the full minutes text for item 3.