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Agenda and minutes

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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:

Councillor Louise Hyams declared in respect of PF Changs that 10-11 Great Newport Street is located within the ward she represents, St James’s.  It was stated that sitting in on the application would not affect her ability to consider the application with an open mind and free from any bias.

3.

Basement and Ground Floor, 88 Great Portland Street, W1 pdf icon PDF 995 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / not in cumulative impact area

Basement and Ground Floor, 88 Great Portland Street, W1

New Premises Licence

17/11140/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 14th December 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Daisy Gadd

 

Relevant Representations:         Environmental Health, 1 Residents’ Association and 10 residents.

 

Present:  Mr Charles Holland (Counsel, representing Applicant), Mr Jonathan Millet (Director, Applicant Company), Mr Maxwell Koduah (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – on behalf of 5 residents), Mr Daniel Laydon and Ms Agata Duda (local residents).

 

Basement and Ground Floor, 88 Great Portland Street, W1

17/11140/LIPN (“The Premises”)

 

 

The application was adjourned by the Licensing Sub-Committee in accordance with Regulation 11 of the Licensing Act 2003 (Hearings) Regulations 2005 (“The Regulations”) on the grounds that it was in the public interest to give the parties the opportunity to discuss the application, including proposed conditions.  There were matters that had been discussed between the Applicant and Environmental Health, which the Applicant had tabled as an additional document by way of conditions at the hearing, and which had not previously been seen by the Sub-Committee or local residents.  It was the considered view of the Licensing Sub-Committee that on balance the parties should be given sufficient time to consider the evidence and raise any issues with the Applicant. This was to ensure that neither party was prejudiced. It was hoped that during this time period any outstanding issues or points of clarification between the parties would be dealt with.

 

It was agreed that arrangements would proceed for the application to be considered by the Sub-Committee, reflecting the discussions of the parties, at the next meeting scheduled to take place on 21 December 2017.

 

One matter which was discussed at the meeting prior to the application being adjourned was that the parties to the hearing were content for the revised plans submitted on 12 December by the Applicant to be the ones considered rather than the plans originally submitted by the Applicant.  These included the changes to the toilets in the basement area of the Premises.  

 

 

4.

PF Changs, 10-11 Great Newport Street, WC2 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward / West End Cumulative Impact Area

PF Changs, 10-11 Great Newport Street, WC2

Premises Licence Variation

17/10875/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 14th December 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Daisy Gadd

 

Relevant Representations:         In support – 1 representation from an individual who is employed in the area.

 

Objecting to the application - Environmental Health, Licensing Authority, 2 local residents.

 

Present:  Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Barry Cook (Applicant Company), Mr Maxwell Koduah (Environmental Health) and Ms Shannon Pring (Licensing Authority).

 

Declaration: Councillor Louise Hyams declared that 10-11 Great Newport Street is located within the ward she represents, St James’s.  It was stated that sitting in on the application would not affect her ability to consider the application with an open mind and free from any bias.

 

PF Changs, 10-11 Great Newport Street, WC2

17/10875/LIPV (“The Premises”)

 

1.

Sale by retail of alcohol (Off)

 

 

Monday to Thursday:                            10:00 to 23:30

Friday to Saturday:                               10:00 to 00:00

Sunday:                                                 12:00 to 22:30

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Ms Gadd in presenting the item advised that the Applicant and Environmental Health had agreed an amendment to Condition 36 in the report that ‘patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, including those seated in an area appropriately authorised for the use of tables and chairs on the highway, shall be limited to 12 persons up to 23:00 and 8 persons thereafter’.  She also informed the Sub-Committee that the Police’s concerns had been addressed and they had now withdrawn their representation.

 

The Sub-Committee initially asked Mr Spiegler, representing the Applicant, whether he had any objections to Councillor Hyams considering the application.  PF Changs is located in the ward she represents, St James’s.  Mr Spiegler advised the Sub-Committee that he had no objections to Councillor Hyams considering the application.

 

The Sub-Committee heard from Mr Spiegler in respect of the application.  He explained that this was an application for a variation of the premises licence to add off sales of alcohol.  It was stated that the Applicant had been granted planning permission and a highways licence to place 4 tables and 8 chairs in the external area and sought to sell alcohol to customers there.  The Applicant was also requesting to sell alcohol ancillary to a takeaway meal.  There were no proposed changes to the operating hours inside the Premises.

 

Mr Spiegler also sought to provide some clarification regarding the conditions.  He supported Environmental Health’s requested removal of the works condition on the existing premises licence in the event the Sub-Committee was minded to grant the current application as Environmental Health had inspected the Premises as required in the condition.  He confirmed that the Applicant and Environmental Health had agreed the amended Condition 36 read out by the Presenting Officer.  Mr Spiegler stated that in keeping with the agreed condition the use of the furniture outside would stop at  ...  view the full minutes text for item 4.

5.

Continental Food & Wine, 24 Craven Road, W2 pdf icon PDF 515 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Hyde Park Ward / not in cumulative impact area

Continental Food & Wine, 24 Craven Road, W2

Premises Licence Variation

17/10969/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 14th December 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Daisy Gadd

 

Relevant Representations:         Environmental Health, Metropolitan Police, 1 Ward Councillor, freehold owner of property in the area and 1 local amenity society.

 

Present:  Mr Graham Hopkins (Licensing Agent, representing the Applicant), Mr Velalakan Thuraisingam (Applicant and Designated Premises Supervisor), PC Sandy Russell (Metropolitan Police), Mr Maxwell Koduah (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – on behalf of South East Bayswater Residents’ Association ‘SEBRA’) and Mr John Zamit (Chairman, SEBRA)

 

Continental Food & Wine, 24 Craven Road, W2

17/10969/LIPV (“The Premises”)

 

1.

Sale by Retail of Alcohol (Off)

 

 

From

 

Monday to Saturday 08:00 to 23:00

Sunday 10:00 to 22:30

 

To

 

Monday to Sunday 08:00 to 01:00

 

Amendments to application advised at hearing:

 

 

Mr Hopkins, representing the Applicant, advised the Sub-Committee that the proposed terminal hour for off sales was being amended to midnight from Sunday to Thursday.  The same terminal hour of 01:00 was sought on Fridays and Saturdays as was originally applied for.

 

 

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

 

 

The Sub-Committee heard from Mr Hopkins, representing the Applicant.  He stated that Mr Thuraisingam had owned Continental Food and Wine for ten years and had held a personal licence for five years.  Mr Hopkins informed those present that the Applicant lived in the local area of the Premises and he was keen to have a good relationship with his neighbours.

 

Mr Hopkins advised that there were amendments to the application proposed by the Applicant.  The terminal hour for off-sales and the closing time for the Premises sought Sunday to Thursday was now midnight.  The same terminal hour of 01:00 was sought on Fridays and Saturdays as was originally applied for. 

 

Mr Hopkins said that the Applicant had offered a number of conditions which were appropriate for the premises, including CCTV (which was installed already) and a Challenge 25 policy. These were part of the original application.   The Applicant was also offering three additional conditions which would come into effect after the terminal hour on the existing premises licence.  These were that after 23:00 there would no sale of beer, lager or cider above 5.5% ABV (they would be placed in a separate cabinet which would be locked at 23:00), there would no miniatures of less than 20cl sold after 23:00 and there would be no single cans or bottles of beer, lager or cider sold after 23:00. 

 

Mr Hopkins explained that the customers sought by the Premises in respect of the application would be guests staying in the hotels in the area.  These customers arrived in Paddington from the West End and other parts of the country and rather than paying at the hotel bar, they visited the local supermarkets to purchase alcohol.  The Applicant was seeking to capture that trade, particularly at the weekend.  Mr  ...  view the full minutes text for item 5.

6.

Melissa's Kitchen Ltd, 27 Elizabeth Street, SW1 pdf icon PDF 498 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Churchill Ward / not in cumulative impact area

Melissa’s Kitchen Ltd, 27 Elizabeth Street, SW1

New Premises Licence

17/10522/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 14th December 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Daisy Gadd

 

Relevant Representations:         Environmental Health and 4 local residents.

 

Present:  Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Mr Ercan Mutlu (Owner of the business and Designated Premises Supervisor) and Mr Maxwell Koduah (Environmental Health).

 

Melissa’s Kitchen Ltd, 27 Elizabeth Street, SW1

17/10522/LIPN (“The Premises”)

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Thursday 23:00 to 23:30

Friday and Saturday 23:00 to 00:00

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr O’Maoileoin, representing the Applicant.  He stated that Melissa’s Kitchen had been trading, without the sale of alcohol, for approximately two months.  The Premises was permitted A3 use.  It had historically been more of a café/restaurant and the original lease had required that no alcohol would be sold there.  The Sub-Committee was advised that there had recently been an overhaul of the Premises and a change in the terms of the lease.  The landlord, Grosvenor, had now permitted the Premises to sell alcohol whereas previously there was a complete prohibition.

 

Mr O’Maoileoin informed the Sub-Committee that Mr Mutlu, the owner of the business and the Designated Premises Supervisor, was living above the premises with his 8 year old daughter, whom the business was named after.  It was therefore in his best interests to make sure that there was no noise emanating from the Premises.

 

Mr O’Maoileoin proposed amendments to the application.  The opening hours were being amended so that the proposed terminal hours would be the same as for on sales of alcohol (Monday to Thursday 23:30, Friday and Saturday midnight and Sunday 22:30).  Also, the proposed terminal hours for off sales were being amended in line with the Council’s Core Hours (23:00 Monday to Saturday and 22:30 on Sundays).  Mr O’Maoileoin offered that the Council’s Model Condition 56 be attached to the licence that ‘there shall be no sales of hot food or hot drink for consumption off the premises after 23.00’.

 

It was confirmed by Mr O’Maoileoin that five conditions suggested by the Metropolitan Police had been agreed by the Applicant.  The Police had subsequently withdrawn their representation.  It was Mr O’Maoileoin’s understanding that Environmental Health did not have specific concerns about the application but that they had maintained their representation due to the written representations from four local residents.  Maintaining the representation would enable the Environmental Health Officer to assist the residents and the Sub-Committee in the event that any of the residents had been in attendance at the hearing.

 

Mr O’Maoileoin referred to the written representations submitted by the local residents.  He made the point that one of the representations had stated that noise was a problem in the area whilst another had described the area as being quieter after 23:00.  It was the Applicant’s view that  ...  view the full minutes text for item 6.