Agenda and minutes

To report any changes to the membership.

1.1       It was noted that there were no 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.

2.1       There were no declarations of interest.

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

Thursday 1 February 2024

Membership:           Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Melvyn Caplan

Officer Support        Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Roxsana Haq

Others present:       Mr Marcus Lavell and Mr Jim Sollars (Complete Licensing, representing the Applicant), Mr Labinot Pacolli and Ms Altima Sopi (Applicant Company), Mr Dave Nevitt (Expert Witness, on behalf of the Applicant), Ms Karyn Abbott (Licensing Authority), Mr Anil Drayan (Environmental Health Service), Mr Richard Brown, Licensing Advice Project (on behalf of The Soho Society), the Chair of The Soho Society and a local resident on behalf of The Soho Society, John Wallace Commercial Director, Soho Housing Association and a local resident.

Application for a New Premises Licence in respect of Basement and Ground Floor 9 Berwick Street London W1F 0PJ 23/07557/LIPN

FULL DECISION

Summary of Application

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Basement and Ground Floor 9 Berwick Street London W1F 0PJ.  The Premises intends to operate as a café and restaurant. There was a previous application in October 2003 but this was refused by the Licensing Sub-Committee on location and public nuisance grounds giving rise to the undermining of the public nuisance licensing objective.

The Premises have also had the benefit of a number of Temporary Event Notices. A full history can be found at Appendix 3 of the agenda report.

The Applicant agreed an amended condition with the Metropolitan Police Service and on that basis the Police did not raise a representation to the application. The amended condition appears at Appendix 4 of the report.

The Premises are located within the West End Ward and the West End CIZ. There is no policy presumption to refuse applications for a restaurant premises inside the West End CIZ provided that they do not add to negative cumulative impact. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.

There is a resident count of 264.

Representations were received from the Environmental Health Service, Metropolitan Police Service (withdrawn) The Soho Society and 17 local residents (including 9 in support) all citing concerns regarding public nuisance and crime and disorder.

Premises

Basement and Ground

Floor 9 Berwick Street

London

W1F 0PJ

Applicant

The Soho Social & Co Limited

Cumulative Impact Area

West End Cumulative Impact Zone (“West End CIZ”)

Activities and Hours

Sale by Retail of Alcohol (On and Off the Premises)

Monday to Saturday 10:00 to 23:00

Sunday 10:00 to 22:30

Seasonal variations: The premises may open for the sale of alcohol from the terminal hour on New Year’s Eve through to the commencement time on New Year’s Day.

Opening Hours of the Premises

Monday to Sunday: 10:00 to 23:00

Seasonal variations: The premises may open for the sale  ...  view the full minutes text for item 1.

This Application was Granted under Delegated Authority.

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

Thursday 1 February 2024

Membership:           Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Melvyn Caplan

Officer Support        Legal Advisor:           Horatio Chance

                                Policy Officer:             Aaron Hardy

                                Committee Officer:           Jonathan Deacon

                                Presenting Officer:            Roxsana Haq

Others present:       Mr Alun Thomas (Thomas and Thomas, representing the Applicant), Ms Jessica Donovan (Licensing Authority), Ms KudzyMondhlani (Environmental Health Service)and PC Steve Muldoon (Metropolitan Police Service)

Application for a New Premises Licence in respect of 31 Wardour Street London W1D 6PT 23/07475/LIPN

FULL DECISION

Summary of Application

The Sub-Committee has determined and application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 31 Wardour Street London W1D 6PT.  The Premises intends to operate as a shop/café. Previously a premises licence was in place at the Premises (07/10675/WCCMAP) however this was surrendered on 31 July 2023. A copy of this licence can be seen at Appendix 3 of the agenda report.

A summary of the Applicants proposals can be seen at Appendix 2.

The Premises are located within the West St James’s Ward and the West End CIZ. There is no policy presumption to refuse applications for a shop premises inside the West End CIZ provided that they do not undermine the licensing objectives. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.

Representations were received from the Licensing Authority, Environmental Health Service and Metropolitan Police Service all citing concerns regarding public nuisance and crime and disorder.

There is a resident count of 72.

Premises

31 Wardour Street

London

W1F 6PT

Applicant

Shaftesbury CI Limited

Cumulative Impact Area

West End Cumulative Impact Zone (“West End CIZ”)

Activities and Hours

Late Night Refreshment (Indoors)

Monday to Sunday: 23:00 to 05:00

Sale by Retail of Alcohol (Off the Premises)

Monday to Saturday 08:00 to 23:00

Sunday 10:00 to 22:30

Seasonal variations: On weekdays, other than Christmas Day 08:00 to 23:00, On Sundays, other than Christmas Day 10:00 to 22:30. On Christmas Day 12:00 to 15:00 and 19:00 to 22:30 On Good Friday 08:00 to 22:30.

Opening Hours of the Premises

Monday to Saturday: 08:00 to 05:00

Sunday: 10:00 to 05:00

Seasonal variations: The premises may open for the sale of alcohol from the terminal hour on New Year’s Eve through to the commencement time on New Year’s Day.

Representations Received

• The Licensing Authority (Jessica Donovan).
• Environmental Health Service (EHS) (Kudzy Mondhlani).
• Metropolitan Police Service (MPS) (PC Adam Deweltz)

Summary of Representations

• The supply of alcohol may have the likely effect of causing an increase in Public Nuisance in the area and may also impact on Public Safety in the West End CIZ.
• The provision of late-night refreshment may have the likely effect of causing an increase in Public Nuisance and may impact on Public Safety in the West End CIZ.
• The granting of this application as presented may have the likely effect  ...  view the full minutes text for item 3.