Agenda and minutes

To report any changes to the membership.

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Bayswater   *  None   ** None	109 Westbourne Park Road W2 5QL	New Premises Licence	22/03062/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 20^th July 2022

 

Membership:           Councillor Aziz Toki (Chairman), and Councillor Caroline Sargent

 

Officer Support:         Legal Advisor:                                  Steve Burnett

                                  Policy Officer:                                  Aaron Hardy

                                  Committee Officer:                                   Georgina Wills

                                  Presenting Officer:                                   Emanuela Meloyan

 

Present:                   Ash Vaish, Applicant, Curve And Edges Ltd

Richard Brown, Westminster’s Citizens Advice                                 (representing, John Zamit, The South East Bayswater     Residents’ Association)

                                 

Application for a New Premises Licence in respect of 109 Westbourne

Park Road London W2 5QL- 22/03062/LIPN

 

FULL DECISION

 

Premises

 

109 Westbourne Park

Road

W2 5QL

 

Applicant

 

Curve And Edges Ltd

 

Ward

 

Bayswater

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Sale by Retail of alcohol (On Sales Only)

Monday to Sunday 09:00 to 23:00

 

Opening Hours for the Premises

Monday to Sunday 09:00 to 23:00

 

Summary of Application

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a restaurant on the ground floor and basement of the premises. There is a bar located in the basement. The Premises are located within the Bayswater Ward and not located in any Cumulative Impact Zone or Special Consideration Zone.

 

Representations Received

 

• Metropolitan Police (PC Reaz Guerra / Withdrawn)
• Environmental Health Service (Maxwell Koduah / Withdrawn)
• The South East Bayswater Residents' Association (SEBRA)
• Six residents (three residents Withdrawn)

 

Summary of Representations

 

• The Metropolitan Police Service had made representation in relation to the application as the proposal may undermine the licencing objectives of Prevention of Crime and Protection of Children from Harm. The Metropolitan Police Service withdrew their representation following the Applicant amending their Conditions.

 

·       Environmental Health Service had made a representation as the hours requested to perform live music and play recorded music may have the likely effect of causing an increase in Public Nuisance within the area. That the supply of alcohol and the hours requested to supply alcohol may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. Environmental Health Service withdrew their representation following the Applicant amending their Conditions

 

·       The South East Bayswater Residents' Association had made representation on the grounds of potential nuisance, noise etc (along with potential crime & disorder) to the area and to neighbours above or adjacent along with those living in the large block of flats immediately opposite.

• Residents raised concerns over Public Nuisance and Crime and Disorder. Three residents withdrew their representation. 

 

 

 

Policy Position

 

HRS1

 

• Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

 

RNT1

 

• Under Policy RNT1, applications inside the West End Cumulative Impact Zone will  ...  view the full minutes text for item 1.

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Hyde Park   * None   ** None	15 London Street W2 1HL	New Premises Licence	22/03874/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 20 July 2022

 

Membership:           Councillor Aziz Toki (Chairman), and Councillor Caroline Sargent

 

Officer Support:         Legal Advisor:           Steve Burnett

                                  Policy Officer:            Aaron Hardy

                                  Committee Officer:    Georgina Wills

                                  Presenting Officer:    Emanuela Meloyan

 

Present:                    Mr Aman Patel - Applicant (Mr Hemang Patel)

                                 Suresh Kanapathi – Agent (Mr Hemang Patel)

                                 PC David Morgan – Metropolitan Police

                                 Maxwell Koduah – Environmental Health

                                  Richard Brown, Westminster’s Citizens Advice                     (representing, John Zamit, The South East Bayswater     Residents’ Association)

 

Application for a New Premises Licence in respect of 15 London Street London W2 1HL- 22/03874/LIPN

 

FULL DECISION

 

Premises

 

15 London Street,

London,

W2 1HL

 

Applicant

 

Mr Hemang Patel

 

Ward

 

Hyde Park

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for

 

Sale by Retail of alcohol (Off Sales Only)

Monday to Thursday 07:30 to 23:30

Friday to Saturday 07:30 to 00:30

Sunday 09:00 to 23:30

 

Late Night Refreshment:

Friday to Saturday 23:30 to 00:30

 

Opening Hours for the Premises

Monday to Sunday 00:00 to 00:00

 

Summary of Application

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The premises intends to operate as a shop.

The premises had the benefit of a premises licence from 2005 until January 2021 when the licence lapsed as the result of the death of the Premises Licence Holder and family member of the Applicant.

 

Representations Received

 

• Metropolitan Police (PC David Morgan)
• Environmental Health Service (Maxwell Koduah)
• The South East Bayswater Residents' Association
• Two residents

 

Summary of Representations

 

• The Metropolitan Police Service had made representation in relation to the application as the Applicant originally sought to sell alcohol 24 hours day and which substantially added to the risk of increased crime and disorder in the area.

 

·       Environmental Health Service had made a representation as the hours requested to provide late night refreshment may have the likely effect of

causing an increase in Public Nuisance and may affect Public Safety within the area.  The supply of alcohol and the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area

 

·       The South East Bayswater Residents' Association had made representation on the grounds of potential nuisance, littering, noise and underage sales (along with potential crime & disorder).

• Residents raised concerns over Public Nuisance and Crime And Disorder

Policy Position

 

HRS1

 

• Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

SHP1

·       Under Policy SHP1, applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1. The  ...  view the full minutes text for item 2.

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Regent’s Park   * None   ** None	W H Smith Retail Unit Marylebone Station Melcombe Place NW1 6JJ	Premises Licence Variation	22/03479/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 20^th July 2022

 

Membership:           Councillor Aziz Toki (Chairman), and Councillor Caroline Sargent

 

Officer Support:         Legal Advisor:           Steve Burnett

                                  Policy Officer:            Aaron Hardy

                                  Committee Officer:    Georgina Wills

                                  Presenting Officer:    Emanuela Meloyan

 

Present:                    Ewen Macgregor – TLT Solicitors - WH Smith Travel

                                 Holdings Limited

                                 PC Brian Hunter – Metropolitan Police

 

 

Application for a variation of Premises Licence in respect of WH Smith Retail Unit Marylebone Station, Melcombe Place London NW1 6JJ - 22/03479/LIPV

 

 

FULL DECISION

 

Premises

 

WH Smith Retail Unit

Marylebone Station

Melcombe Place

London

NW1 6JJ

 

Applicant

 

WH Smith Travel Holdings Limited

 

Ward

 

Regents Park

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

 

Activities and Hours applied for

 

To vary the opening hours as follows:

 

From

 

Monday to Friday 08:00 to 20:00

Saturday and Sunday 09:30 to 20:00

 

To 

Monday to Friday 07:00 to 00:00

Saturday and Sunday 07:00 to 23:00

 

 

To vary the hours for the sale of alcohol (off Sales Only)

 

From

Monday to Friday 08:00 to 20:00

Saturday 09:30 to 20:00

Sunday 09:30 to 20:00

 

To

Monday to Saturdays 0800 to 2300

Sunday 0900 to 2230

 

To replace condition 15 at Annex 2 which states:

 

“There shall be no self-service of spirits on the premises, save for

spirit mixers of less than 5.5% ABV”

 

so that it reads as follows:

 

“Save for spirit mixers, there shall be no self-service of spirits on

the premises.”

 

Summary of Application

 

The Committee has determined an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a newsagent and shop unit operating in London Marylebone train station. The premises has had the benefit of a premises licence since 2021.

 

Representations Received

 

• Metropolitan Police (PC Reaz Guerra)
• Environmental Health Service (Maxwell Koduah / Withdrawn)
• Two residents (Withdrawn)

 

 

Summary of Representations

 

·       The Metropolitan Police Service had made representation in relation to the application as the proposal may undermine the licensing objectives of Prevention of Crime and Protection of Children from Harm and that there is insufficient detail contained within the operating schedule to promote the licensing objections

 

·       Environmental Health Service had made a representation as the proposed extension in the hours of alcohol supply may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. The proposed changes in conditions safeguarding the supply of alcohol may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. As presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

 

Environmental Health Service withdrew their representation after discussions with the Applicant.

• Residents raised concerns over Public Nuisance and Crime And Disorder and the increase of the Premises offering sales of alcohol.

 

The two representations were withdrawn following mediation between both residents and the Applicant.

 

 

Policy Position

 

HRS1

 

• Under Policy HRS1, applications within the core  ...  view the full minutes text for item 3.

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Hyde Park   * None   ** None	W H Smith Paddington Station Praed Street W2 1HB	Premises Licence Variation	22/03481/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 20^th July 2022

 

Membership:           Councillor Aziz Toki (Chairman), and Councillor Caroline Sargent

 

Officer Support:         Legal Advisor:           Steve Burnett

                                  Policy Officer:            Aaron Hardy

                                  Committee Officer:    Georgina Wills

                                  Presenting Officer:    Emanuela Meloyan

 

Present:                    Ewen Macgregor – TLT Solicitors - WH Smith Travel

                                 Holdings Limited

                                 PC Brian Hunter – Metropolitan Police

 

Application for a variation of Premises Licence in respect of W H Smith Paddington Station Praed Street London W2 1HB - 22/03481/LIPV

 

Premises

 

W H Smith

Paddington Station

Praed Street

London

W2 1HB

 

Applicant

 

WH Smith Travel Holdings Limited

 

Ward

 

Hyde Park

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

To vary the opening hours as follows:

 

From

Monday to Friday 06:30 to 21:00

Saturday and Sunday 08:00 to 19:00

 

To 

Monday to Friday 05:30 to 22:30

Saturday 06:00 to 22:30

Sunday 07:00 to 22:30

 

To vary the hours for the sale of alcohol (off Sales Only)

 

From

Monday to Friday 08:00 to 21:00

Saturday 08:00 to 19:00

Sunday 09:00 to 19:00

 

To

Monday to Saturday 08:00 to 22:30

Sunday 09:00 to 22:30

 

To replace condition 15 at Annex 2 which states:

 

“There shall be no self-service of spirits on the premises, save

for spirit mixers of less than 5.5% ABV”

 

so that it reads as follows:

 

“Save for spirit mixers, there shall be no self service of spirits

on the premises”

 

Summary of Application

 

The Committee has determined an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a shop. The premises are a WH Smith Retail Unit inside London Paddington Station. The premises has had the benefit of a premises licence since February 2021.

 

Representations Received

 

• Metropolitan Police (PC Reaz Guerra)

 

 

Summary of Representations

 

·       The Metropolitan Police Service had made representation in relation to the application as the proposal may undermine the licencing objectives of Prevention of Crime and Protection of Children from Harm. That there is insufficient detail contained within the operating schedule to promote the licensing objections

 

Policy Position

 

HRS1

 

• Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

 

SHP1(A)

 

·       Under Policy SHP1, applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1. The hours for licensable activities are within the council’s Core Hours Policy HRS1. The operation of any delivery services for alcohol meeting the Council’s Ancillary Alcohol and/or Late-night Refreshment Delivery Service Policy DEL1. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are  ...  view the full minutes text for item 4.

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1 (“The Committee”)

 

Wednesday 20^th July 2022

 

Membership:           Councillor Aziz Toki (Chairman), Councillor Sargent

 

The Metropolitan Police Service (MPS) have applied for an expedited review hearing of W Hotel, Leicester Square, 10 Wardour Street, London, W1D 6QF

 

 

INTERIM STEPS DECISION

Having carefully considered the application for an expedited review and the evidence presented by the Police and the Premises Licence Holder, both verbally and in writing, the Committee has concluded that the Premises are associated with serious crime and serious disorder and it is necessary and proportionate to take the following steps: -

 

To attach the additional conditions to the premises licence:

 

A.    The sale of alcohol shall be restricted to hotel residents and up to 4 bona fide guests of each resident.

 

B.    Remove Dario Mazzoli as the DPS

 

In view of the seriousness of this case, it is necessary and proportionate for all the Interim Steps and for this Interim Decision to take immediate effect.

 

Reasons: -

The Licensing Authority having received a valid application for an expedited review under Section 53 A-C of the Licensing Act 2003, from the MPS on 18^th July 2022.

This is a five star hotel with associated restaurant, meeting rooms, function rooms and bar areas.

 

 A fight broke out on 10^th of July 2022 the bar area of the W Hotel, involving approximately 30/40 customers and this necessitated the Police to be called to break up the fight. 

 

The Committee accepted the evidence presented by the Police that customers inside the Premises were arming themselves with belts and bottles and it appeared that the security were completely overwhelmed and were unable to stop the fight or disperse patrons.  

 

The officers came under attack and used Pava spray and used their batons on the assailants but due to the severity of the violence and after coming under sustained attack, the initial officers made a tactical withdrawal and await further resources to deal with the disorder.

 

Supporting officers attended and contained the incident.

 

Security at the premises and witnesses confirmed there was drug use in the toilets, and customers attended wearing ankle tags. The manager was informed and advised that the event should not go ahead.

 

The number of injuries amounting to GBH and requiring hospitalisation was significant and this is an active investigation with multiple suspects still outstanding.

 

The event was conducted by an external promotor and had been booked for 200 ticket holders.

 

Two members of the premises door staff are under investigation for assaults which amounts to GBH. The DPS was present at the premises until 20.30, when he left the night manager and bar manager in charge of the event.

 

In April 2022 the premises held a similar event resulting in GBH injuries. The police engaged and advised of the risks of holding externally promoted events but felt that the advice was ignored.

 

The Committee concluded that the incident occurred at a private hire event and it would undermine the purpose  ...  view the full minutes text for item 5.