Agenda and draft minutes

Licensing Sub-Committee (1) - Thursday 16th February, 2017 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. 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:

It was noted that 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 Star Public House, 38 St John's Wood Terrace, NW8 pdf icon PDF 446 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Abbey Road Ward / not in cumulative impact area

The Star Public House, 38 St John's Wood Terrace, NW8

New

16/11987/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 16th February 2017

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Heather Acton and Councillor Murad Gassanly

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations:    Environmental Health and three local residents.

 

Present: Mr Anil Drayan (Environmental Health (“EH”) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing two local residents)

 

38 St John’s Wood Terrace, London, NW8 6LS

16/11987/LIPN

1.

Playing of Recorded Music - Indoors

 

Monday to Sunday: 10:00 – 23:00

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on new Year’s Eve to the start of permitted hours on New Year’s Days.

 

 

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 West End Investments Ltd for a new premises licence in respect of 38 St John’s Wood Terrace, London, NW8 6LS.

 

The Licensing Officer advised that the application was for a shadow licence to mirror a new premises licence granted by the Licensing Sub-Committee on 26 January 2017. It was noted however that this application was not identical as it proposed the playing of recorded music and late night refreshment, which was a slight variance. It was also noted that the premises plan submitted was different to the one submitted on 26 January 2017. Finally, it was the Sub-Committee’s understanding that the applicant’s representatives had been instructed by their client not to attend the hearing.

 

The Chairman expressed concern that the applicants had chosen not to attend the hearing, especially in light of the fact, that the application before the sub-committee was different to the licence granted on 26 January 2017.

 

Mr Drayan, representing EH, understood that the application wanted to mirror all the licensable activities and conditions on the operator’s licence agreed on 26 January 2017. Anything extra which was stated on the proposed licence would be withdrawn although of significant concern was that the plan demarcating the licensable area was different as it did not include the external area. Mr Drayan confirmed that apart from the differences on the licence already mentioned EH was nevertheless satisfied with the application.

 

The Council’s Policy Adviser explained to the Sub-Committee that if an applicant had submitted an application with the red line clearly defined on the plan denoting where licensable activities were to take place, they were then prevented from extending the scope of the application without going through the statutory consultation period by either amending the application or submitting a fresh one. This was because interested parties would have decided whether to make representations or not on the application based on the details before them.

 

The Sub-Committee noted that because the plan demarcating the licensable area was different from the original application various proposed conditions were now not relevant to the application.

 

The Licensing Officer advised that the applicant was aware the plans were different but had decided to leave it to the Sub-Committee to  ...  view the full minutes text for item 3.

4.

Essentials Food To Go, 7-14 Coventry Street, W1 pdf icon PDF 542 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

Essentials Food To Go, 7-14 Coventry Street, W1

New

16/11957/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 16th February 2017

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Heather Acton and Councillor Murad Gassanly

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations:    The Metropolitan Police, Environmental Health and the Licensing Authority.

 

Present: Mr Hadi Ahmad (Applicant), Mr Suresh Kanapathi (Licensing Consultant), PC Bryan Lewis (The Metropolitan Police (“The Police”), Ms Sally Thomas (Environmental Health (“EH”) and Mr Nick Nelson (Licensing Authority)

 

Essentials Food to Go, 7-14 Coventry Street, London, W1D 6DG

16/11957/LIPN

1.

Late Night Refreshment - Indoors

 

Monday to Sunday: 23:00 – 05:00

 

Seasonal Variations/Non-Standard Timings:

 

None applied for.

 

 

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 Global VIPs Ltd for a new premises licence in respect of 7-14 Coventry Street, London, W1D 6DG.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the applicant had agreed to all the conditions proposed by the Responsible Authorities save for an SIA condition proposed by the Police.

 

Mr Ahmad explained that he had been a shopkeeper for some twenty-seven years operating a premises located at Leicester Square Tube Station. This application was for a premises located at Coventry Street which was a small convenience store with the application intended to cater for users of the 24 hour night tube. It was described how the application was simply to allow the sale of hot food, serving mainly samosas, sausage rolls and other pastries until 05:00 hours.

 

Mr Kanapathi, representing the applicant, recognised that the premises was located in a Cumulative Impact Area (“CIA”), however, it was submitted that this application should be considered an exception to policy on the basis that the  premises was very small in nature, it was already open twenty-four hours a day and no cooking would take place at the premises, simply the reheating of food in a microwave oven. It was stated that in the past Temporary Event Notices (“TENS”) had been applied for at various times, including New Year, without any reported issues or disturbances. The area was not residential, the shop was serviced by CCTV and no alcohol would be available for sale at any time. No noise emanated from the premises and although there was the potential for litter this would only be a small amount and would not create any nuisance. The application had been measured against all the licensing objectives and it was felt that this application would not only uphold them but also promote them. Should the licence be agreed, conditions had been agreed with the Responsible Authorities, apart from an SIA condition, and Mr Kanapathi highlighted how these would restrict the sale or display of hot food or drink to no more than 10% of the total sales area. Mr Ahmad clarified for the benefit of the Sub-Committee the location of the microwave oven and where the hot food display would be  ...  view the full minutes text for item 4.

5.

Baker Street News, 202 Baker Street, NW1 pdf icon PDF 1 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Regent’s Park Ward / not in cumulative impact area

Baker Street News, 202 Baker Street, NW1

Variation

16/14143/LIPV

 

 

 

Minutes:

This item was withdrawn.