Agenda and draft minutes

Licensing Sub-Committee (1) - Thursday 6th July, 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:

In respect of application 2 on the agenda, Marble Arch Theatre, Councillor Angela Harvey, Julia Alexander and Murad Gassanly declared that they had attended productions staged by Underbelly Ltd as paying customers.  In respect of application 4 on the agenda, London Film Museum, Councillor Angela Harvey declared that she had visited the London Film Museum and received hospitality as a member of the London Mayors’ Association.

3.

Bocconcino, 19 Berkeley Street, W1 pdf icon PDF 5 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / not in cumulative impact area

Bocconcino, 19 Berkeley Street, W1

Variation of a premises Licence

17/04528/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 6th July 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly.

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Andrew Palmer

Presenting Officer:     Heidi Lawrence

 

Relevant Representations:         Environmental Health.

 

Present: Mr Robert Botkai (Solicitor, on behalf of the Applicant), Shuxrat Djurakulov (general manager – Bocconcino Properties Limited), Steven Liddell (Acoustics expert, on behalf of the Applicant),

                 Mr Richard Brown (representing Jaleh Zand and Richard Brandt -interested parties) and Mr Anil Drayan (Environmental Health).

 

 

 

Bocconcino, 19 Berkeley Street, W1J (“The Premises”)

17/04528/LIPV

 

1.

Performance of Dance (indoors)

 

 

Proposed Hours:

 

Monday and Tuesday                           10:00 to 00:30          

Wednesday to Saturday:                      10:00 to 02:30

Sunday:                                                 12:00 to 22:30

 

From end of terminal hour on New Year’s Eve to start of permitted hours on New Year’s Day.

 

 

Amendments to the application advised at hearing.

 

An amended set of conditions had been circulated to all parties on 4 July, together with additional documents from the Applicant. It was noted that the Police had previously  withdrawn their representation following the agreement of a proposed condition that would limit the capacity on the lower ground floor to 70, with no more than 25 people standing. The Sub-Committee noted that the CCTV condition which had been omitted from the amended set of conditions that had been circulated would still apply.

 

 

 

The Presenting Officer outlined the nature of the application submitted by Bocconcino Properties Limited, which sought a variation of the current premises licence.  The Applicant was seeking to extend the terminal hour for the Sale of Alcohol to 02:30 Wednesday to Saturday (currently 00:30), and to extend the terminal hour for the provision of Late Night Refreshment to 02:30 Wednesday to Saturday (currently 00:30). The Applicant also sought to add Regulated Entertainment at the Premises from 10:00 to 00:30 hours Monday and Tuesday; 10:00 to 02:30 hours Wednesday to Saturday; and 12:00 to 22:30 hours Sunday, for licensable activities which included the performance of dance and live music and the playing of recorded music. Non-standard timing was also requested from the end of the terminal hour on New Year’s Eve, to the start of permitted hours on New Year’s Day. In addition, the Applicant sought to remove and replace a number of conditions from the Premises licence.

 

Mr Botkai addressed the Sub-Committee on behalf of the Applicant, and presented an amended operating schedule which set out new conditions together with those that would remain. The intention was to extend the terminal hour, and allow a maximum of 25 people who had made a previous reservation to remain longer within the bar area in the lower ground floor of the Premises and be able to dance, with the remainder being seated at tables. The Applicant was aware of the cumulative impact in Berkley Street, but considered that the extended hours would enable dispersal to be gradual, and reduce the pressure of customers all leaving the Premises together. It was submitted that the extension would only apply from Wednesday to  ...  view the full minutes text for item 3.

4.

Marble Arch Theatre, Western Traffic Island, Marble Arch, W1 pdf icon PDF 10 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Hyde Park Ward / not in cumulative impact area

Marble Arch Theatre, Western Traffic Island, Marble Arch, W1

New Premises Licence

17/05472/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 6th July 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly.

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Andrew Palmer

Presenting Officer:     Heidi Lawrence

 

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

 

Present:  Mr Jack Speaker (Solicitor representing the Applicant),

                 Ms Sarah Fleming (Operations Manager, Underbelly Ltd - Applicant), Mr Ed Bartlam (Director, Underbelly Ltd – Applicant), Mr Richard Brown (on behalf of the South Ease Bayswater Residents’ Association), Ms Sally Thomas (Environmental Health), PC Sandy Russell (Metropolitan Police)and Mr David Sycamore (Licensing Authority).

 

Councillor Angela Harvey, Julia Alexander and Murad Gassanly declared that they had attended productions staged by Underbelly Ltd as paying customers.

 

 

Marble Arch Theatre, Western Traffic Island, Marble Arch, W1H (“The Premises”)

17/05472/LIPN

 

1.

Performance of a Play (indoors)

 

 

Proposed Hours:

 

Monday to Saturday         13:30 to 23:00                  

Sunday:                             13:30 to 22:30      

      

Seasonal variations/ Non-standard timings

 

From the end of permitted hours on New Year's Eve to the beginning of permitted hours on New Year's Day.

 

 

Amendments to application advised at hearing:

 

None

 

 

The Presenting Officer outlined the nature of the application submitted by Underbelly Limited, which was for a new Premises licence to operate a temporary ‘Spiegeltent’ theatre venue, with ancillary bar facilities. The Premises would operate for up to 6 days per week with no performances on Sunday evenings, for no more than 40 weeks in any one calendar year. The Applicant had considerable experience operating similar entertainment venues and other large scale events throughout the country, which included the Edinburgh Festival. In London, it had operated a Spiegeltent at the Southbank for a number of years, and more recently at Leicester Square over Christmas. The Applicant had drawn up comprehensive management and security plans, which sought to cover all of the Licensing Objectives.

 

The Sub-Committee noted that the Premises were located in Knightsbridge & Belgravia Ward, and not in Regents Park Ward as stated in the report that was before the Sub-Committee. The application site was also outside of the Cumulative Impact Area.

 

Mr Speaker addressed the Sub-Committee on behalf of the Applicant, and confirmed that the vast majority of the scope of the application had been discussed with the Responsible Authorities and agreed. The proposed conditions that would be attached to the licence had also been agreed, with the exception of two which related to the number of SIA Supervisors to be provided at the Premises and the wearing of high-visibility jackets.

 

Mr Speaker also commented on the concerns raised by the South East Bayswater Residents’ Association, which the Applicant considered could be dealt with by the comprehensive schedule of conditions and the event management plan.

 

Mr Bartlam outlined the history of Underbelly Ltd, together with the ‘Three Men Called Mo’ theatrical production which would be staged at the Marble Arch Theatre.

 

The Applicant acknowledged concerns relating to crowd management and evacuation in the event of an emergency, but stated that it would have difficulty  ...  view the full minutes text for item 4.

5.

Club Storm, 28A Leicester Square, WC2 pdf icon PDF 3 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward / West End Cumulative Impact Area

Club Storm, 28A Leicester Square, WC2

New Premises Licence

17/04597/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 6th July 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly.

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Andrew Palmer

Presenting Officer:     Heidi Lawrence

 

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

 

Present:  Ms Lisa Sharkey (Solicitor representing the Applicant), Ms Cosmina Stan (representing the landlord - West End Management Team),

                 Mr Roger Payne (on behalf of Camden Dining – the proposed operator), PC Sandy Russell (Metropolitan Police), Mr Ian Watson (Environmental Health) and Mr David Sycamore (Licensing Authority).

 

Club Storm, 28A Leicester Square, WC2H 7LE (“The Premises”)

17/04597/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Wednesday:                        23:00 to 03:30

Thursday to Saturday:                          23:00 to 05:00

Sunday:                                                 23:00 to 02:00

 

Seasonal variations/non-standard timings

 

Sunday before Bank Holidays the permitted hours shall be extended until 02:30 hours the following morning.

 

On the morning on which Summertime begins the permitted hour shall be extended by 1 hour.

 

New Year's Eve - from end of permitted hours to 05:00 on New Year's Day.

 

 

Amendments to application advised at hearing:

 

 

Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.

 

 

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

 

 

The Presenting Officer introduced the nature of the application, which was for a new licence for the Premises to continue operating as a Bar and Nightclub.  The Premises had the benefit of a current licence, which had been granted in September 2005.  An application to transfer the existing licence to the West End Property Company Limited had been refused by the City Council, as the former tenants who held that licence had refused to give their consent. The landlord's only option had accordingly been to apply for a new Premises Licence.  Although the application was being made for the same licensable activities and terms as the current licence, it was accepted and agreed that the conditions were being updated in line with the model conditions. Further conditions were also being offered following consultation with the Police and other Responsible Authorities, regarding door supervisors and the use of polycarbonate drinking vessels. No residential representations had been received in response to the proposed application.

 

Ms Sharkey addressed the Sub-Committee on behalf of the Applicant, and confirmed that the venue was to operate on a hybrid basis that would provide food, drinks and dancing as part of an evening’s entertainment. The plan included in the current application had been updated to include information on fire safety, and Ms Sharkey confirmed that if the application was to be granted, a full plan for the proposed operation of the Premises would be submitted as part of any minor variation.

 

Ms Sharkey commented on the representation made by the Licensing Authority, and confirmed that the proposed licence conditions would require that all people who entered the Premises after 23:00 would have their ID scanned. The Applicant considered that the Challenge  ...  view the full minutes text for item 5.

6.

London Film Museum, 45 Wellington Street, WC2 pdf icon PDF 693 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

St James’s Ward / West End Cumulative Impact Area

London Film Museum, 45 Wellington Street, WC2

Variation of Premises Licence

17/04163/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 6th July 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly.

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Andrew Palmer

Presenting Officer:     Heidi Lawrence

 

Relevant Representations:         The Metropolitan Police and the Licensing Authority.

 

Present: Mr Jack Speaker (Solicitor representing the Applicant),

                 Ms Eleanor Clegg (Head of Event Operations - London Film Museum), PC Michael Day (Metropolitan Police) and Mr David Sycamore (Licensing Authority).

 

Councillor Angela Harvey declared that she had visited the London Film Museum and received hospitality as a member of the London Mayors’ Association.

 

London Film Museum, 45 Wellington Street, WC2E 7BN (“The Premises”)

17/04163/LIPV

1.

Exhibition of films / Performance of Dance / Live Music / Recorded Music / Performance of a Play

 

 

                                                              Current Hours:          Proposed Hours:

 

Monday to Saturday                             09:00 to 00:30           09:00 to 02:00

Sunday:                                                 12:00 to 22:00           12:00 to 22:00

      

Licensable Area

 

To extend the hours for licensable activities to 02:00 within a specified area (shown hatched black on the plan attached to the application.

 

Seasonal variations/ Non-standard timings

 

Current:

From the end of permitted hours on New Year's Eve to the beginning of permitted hours on New Year's Day.

 

Proposed:

From the end of permitted hours on New Year's Eve to the beginning of permitted hours on New Year's Day.

 

On Sundays before Bank Holidays 12:00 to 02:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

The Presenting Officer outlined the nature of the application submitted by the London Film Museum (Covent Garden) Ltd, for a variation of the current premises licence. The Premises were operating as a museum, and the Applicant was seeking to extend the hours for pre-booked licensable activities within a specified area from 23:00 to 02:00 Monday to Saturday. No other variations were sought. The London Film Museum hosted events as an ancillary part of their museum operation, and the variation was for selected private and pre-booked events.  No residential representations had been received in relation to the application.

 

Mr Speaker addressed the Sub-Committee on behalf of the Applicant, and outlined the merits of the application which sought to attract a higher calibre customer and gain revenue to support the work of the museum together with charitable events. The museum had a capacity of 450 guests, of which a maximum of 300 were permitted in the bar area for standing receptions, and 130 for sit-own dinners. In 2013, the Licensing Committee had accepted that a request for the extension of the hours for licensable activities until 00:30 had been an exception to Policy, and had been granted. Since that time, no objections to the events that were already taking place in the bar area had been received, and the Applicant considered that the proven track record of the premises supported the continued departure from Policy.

 

Mr Speaker confirmed that the Museum would be willing to work with the Police to address their concerns regarding SIA supervision and dispersal, and similarly confirmed that it was  ...  view the full minutes text for item 6.