Items
No. |
Item |
1. |
Membership
Councillor Tim Mitchell is replacing
Councillor Jean-Paul Floru.
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:
Councillors Tim Mitchell and
Louise Hyams declared that in respect of Scotch St James, 13 Masons
Yard, the venue is located in the ward they both represent, St
James’s. Councillor Mitchell also
declared that he had previously made a representation for a
previous application relating to the premises on behalf of St
James’s Conservation Trust.
Neither Member had a personal or prejudicial interest in respect of
the application. Mr Grant stated at the
hearing that he had no objection to the two Members considering the
application.
|
3. |
The Arts Club, 40 Dover Street, W1S PDF 15 MB
App
No
|
Ward/ Stress
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
West End /
not in stress
area
|
The Arts Club, 40
Dover Street, W1S
|
New
|
15/03820/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 30th July
2015
Membership:
Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and
Councillor Rita Begum
Legal Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: Environmental
Health, 1 Ward Councillor, 2 x resident associations, 6 x local
residents and 1 x local business.
Present: Mr Julian Skeens (Solicitor, representing the Applicant), Mr
Luke Elford (Solicitor, on behalf of
the Applicant), Mr Ian Watson and Ms Yemi Alabi
(Environmental Health), Mr Richard Brown (Solicitor, Citizens
Advice Bureau Licensing Advice Project, representing Mrs
Costa-Laurant Arbulu and Mr Arbulu),
Mr Ned Westaway (Counsel, representing
Mr Boroumand and Mr Frank Salvoni), Mr Boroumand
and Mr Salvoni (local residents) and Ms
Claire Hayes (Senior Practitioner – Licensing & Case
Officer for application).
The Arts
Club, 40 Dover Street, W1
15/03820/LIPN
|
1.
|
Sale
of Alcohol: On and Off the premises
|
|
Monday to Sunday: 00:00 to 00:00 (For hotel residents and their
guests only)
Monday to Saturday: 10:00
to 03:00
Sunday: 12:00 to
22:30
Sundays before Bank Holidays: 12:00 to 03:00.
|
|
Amendments to application
advised at hearing:
|
|
Following discussions prior to
the hearing, Mr Skeens, Ms Hayes and Mr
Panto advised that the details of what was being applied for had
been clarified. The application was
essentially to enable hotel residents and up to five guests per
resident on the third, fourth and fifth floors to have access to
alcohol in their bedrooms via room service and from the minibars
and also watch films there. A condition
was being proposed by the Applicant that there should be no sale or
supply of alcohol under the authority of the licence after 3am
otherwise than to hotel residents and their guests in the hotel
bedrooms. It was also clarified that Licence 12/11096/LIPN was now
regarded as being the current licence in force at the premises.
There had been a great deal of confusion as to whether it had come
into effect as that depended on the previous licence
(12/07557/LIPDPS) being surrendered. Upon the applicant’s
solicitors confirming that the previous licence could not be
resurrected, it was now accepted by the licensing authority that it
had been surrendered.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
asked Mr Skeens some questions about
the application. He was asked whether
the hotel rooms were available solely to members of The Arts Club
or if the public were able to book them. Mr Skeens replied that
it was possible for non-members to book a hotel room provided that
they were sponsored by a member. In the
vast majority of cases it would be members booking. There were 4,500 members in total. He was also asked about the position regarding the
use of the terraces at The Arts Club.
This was a concern that had been raised in residents’
objections and was of concern to Members too. It was noted that the Applicant had agreed
Environmental Health’s proposed conditions that the ground
floor external terrace and ...
view the full minutes text for item 3.
|
|
4. |
Supermarche, Ground Floor, 35 Craven Road PDF 3 MB
App
No
|
Ward/ Stress
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
Lancaster Gate / not
in stress area
|
Supermarche, Ground Floor, 35
Craven Road
|
New
|
15/02994/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 30th July
2015
Membership:
Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and
Councillor Rita Begum
Legal Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: 1 resident
association, 6 x local residents and 1 x local resident in support
of the application.
Present: Mr Simon Walsh (Counsel
representing the applicant), Ms Daniele Gray (Applicant) and Mr
John Zamit (Chairman, South East Bayswater Residents’
Association).
Supermarche, Ground
Floor, 35 Craven Road, W2
15/02994/LIPN
|
1.
|
Sale
by Retail of Alcohol: Off the premises
|
|
Monday to Saturday: 08:00
to 23:00
Sunday: 10:00 to
22:30
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
Granted, subject to
conditions as set out below.
The Sub-Committee was
advised at the hearing that the Applicant’s Representative,
Mr Walsh and Mr Zamit for South East Bayswater Residents’
Association had agreed conditions and the latter’s concerns
had therefore been addressed.
Members, in granting
the application, considered that the proposed conditions promoted
the licensing objectives. These
included that a personal licence holder shall
be on the premises during the hours permitted to supply alcohol,
that outside of the hours authorised for the sale of alcohol, all
alcohol within the trading area would be secured behind locked
grilles/screens or secured behind locked cabinet doors so as to
prevent access to the alcohol by both customers and staff and also
that all tills would automatically prompt
staff to ask for age verification identification when presented
with an alcohol sale.
Mr Zamit’s proposed conditions that there were
no deliveries to the premises between 22:00 and 08:00 the following
day and no movement of waste or recyclable materials, including
bottles during these hours were attached to the licence.
The Sub-Committee also
noted in reaching their decision that following communications with
the Police and Environmental Health who had consequently withdrawn
their representations, the proposed hours for off sales at the
grocery store of Monday to Saturday 08:00 to 23:00 and Sunday 10:00
to 22:30 were in keeping with the Council’s Core Hours
policy.
The Sub-Committee
noted that there were concerns from some local residents in respect
of alcohol being sold at the premises.
In keeping with Statutory Guidance, ‘need’ in the sense
of the commercial demand for licensed premises, which had been
raised as a reason in representations for not granting the
application, was not a matter which the Sub-Committee could take
into consideration. The Chairman made
the point to the Applicant that residents did have concerns
regarding public nuisance in the area.
If the conditions on the licence were not complied with, there was
the potential for residents or the Responsible Authorities to
review the premises licence.
|
2.
|
Opening Hours
|
|
Monday to Sunday 08:00 to
00:00.
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
Granted, subject to
conditions as set out below (see reasons for decision in Section
1).
|
|
5. |
Scotch St James, 13 Masons Yard, SW1Y (SEV application) PDF 7 MB
App
No
|
Ward/ Stress
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
St James’s
/
Core Central
Activities Zone North
|
Scotch St
James,
13 Masons Yard,
SW1Y
|
Renewals of
SEV
|
13/07456/LISEVR and
14/11495/LISEVR
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 30th July
2015
Membership:
Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and
Councillor Rita Begum
Legal Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Objections:
2 objectors.
Present: Mr Gary Grant (Counsel,
representing the Applicant) and Mr Tim Lalic (owner of premises).
Declarations: Councillors Tim Mitchell and Louise Hyams declared
that the venue is located in the ward they both represent, St
James’s. Councillor Mitchell also
declared that he had previously made a representation for a
previous application relating to the premises on behalf of St
James’s Conservation Trust.
Neither Member had a personal or prejudicial interest in respect of
the application. Mr Grant stated at the
hearing that he had no objection to the two Members considering the
application.
Scotch St James, 13 Masons Yard, SW1
13/07456/LISEVR and 14/11495/LISEVR
|
1.1 The Council has
received two renewal applications of the Sexual Entertainment Venue
(‘SEV’) premises licence from Great Club Limited for
Scotch St James, 13 Masons Yard, London, SW1Y 6BU. The report set
out the application details, representations, policy and legal
context along with other considerations that the Committee required
to determine this application.
1.2 On
30th September 2013 the Applicant applied to renew the
SEV premises licence to provide full nudity striptease, pole
dancing and table dancing between the hours of 09:00 to 05:30 on
each of the days Monday to Saturday and 09:00 to 03:30 on Sunday.
The Applicant did not request to change the relevant entertainment
or to remove any standard conditions to the licence if the
application was granted. The original
hearing to determine the 2013-2014 renewal was scheduled for the
17th December 2013 however this was adjourned at the
request of the applicant. The case was not re-scheduled as the
Licensing Authority did not get a response from the Applicant.
1.3 On the
19th January 2015 the Licensing Authority contacted the
Applicant to advise that as the 12 month period that licences are
issued for had passed without the application being determined by
the Licensing Sub Committee and as no renewal application had been
received, the premises were deemed unlicensed for relevant
entertainment.
1.4 On the
23rd January 2015 the Applicant’s solicitor
responded stating that in accordance with Section 20(10) of the
1982 Act it must be deemed to remain in force until such
determination takes place or the application is withdrawn. Legal
advice has confirmed that this should have been a reference to
paragraph 11(1) of Schedule 3 to the 1982 Act but also confirms
that the licence would remain in force until the renewal
application is determined.
1.5 After seeking legal
advice the Licensing Authority advised the Applicant to submit a
further renewal application as a potential means by which renewal
of the licence for 2014-2015 could be considered. On 8th
May 2015 the Applicant applied to renew the sexual entertainment
venue premises licence on exactly the same terms as those in the
existing SEV licence and in the application ...
view the full minutes text for item 5.
|
|
6. |
The Coffee Shop, 150-162 Edgware Road, W2 PDF 9 MB
App
No
|
Ward/ Stress
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
Bryanston and Dorset Square /
Edgware Road Stress Area
|
The Coffee
Shop,
150-162 Edgware Road,
W2
|
New
|
15/04691/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 30th July
2015
Membership:
Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and
Councillor Rita Begum
Legal Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: Environmental
Health, Metropolitan Police and one local resident.
Present: Ms Anna Mathias (Barrister,
representing the Applicant), Mr Martin Ramskill (General Manager of premises), Mr Ian
Watson (Environmental Health) and PC Bryan Lewis (Metropolitan
Police).
The
Coffee Shop, 150-162 Edgware Road, W2
15/04691/LIPV
|
1.
|
Sale
by Retail of Alcohol - On the Premises
|
|
Monday to Sunday: 12:00 to
02:00.
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
Ms Mathias,
representing the Applicant, addressed the
Sub-Committee. She described the layout
with The Coffee Shop being in close proximity to the Grosvenor
Victoria Casino on the first floor and The Poker Room being on the
second floor. Both of the gambling
areas had their own premises licences under the Licensing Act
2003. There was a Gambling Act 2005
mandatory condition that the principal entrance to the premises was
from a street.
Ms Mathias made the
point that the Coffee Shop met the Gambling Commission requirement
for there to be a small non gambling area available to the
gamblers. There was a premises licence
in place for the Coffee Shop with the exhibition of films and late
night refreshment. Her client was
seeking to add on-sales to serve a limited range of alcoholic
drinks and also other forms of regulated entertainment.
The Sub-Committee was
advised by Ms Mathias that the gaming business operated 24 hours, 7
days a week. The casino patrons
dispersed without local residents being adversely
affected. It was not intended to bring
new people into the premises to visit the Coffee Shop. The premises would not be advertised. The aim of the application was to improve the
overall customer service. Currently any
gamblers who wished to take a break from the Casino on the first
floor had to go to the second floor if they wished to have an
alcoholic drink as there was not a restaurant or bar on the first
floor.
Ms Mathias stated that
the local resident who had made a representation objecting to the
application had now withdrawn it. She
added that he had visited the premises and had appreciated the
nature of the application. The Police
and Environmental Health were objecting to the application on the
policy grounds. Ms Mathias stated that
she was fully aware that The Coffee Shop is located in a designated
stress area and that exceptional grounds needed to be demonstrated
for the application to be granted. She
explained the reasons as to why she took the view that there were
exceptional grounds for granting the application. It was not tantamount to creating a new
bar. Due to gambling regulations, the
premises did have to be open to the public but the Coffee Shop
would only be used by people who were gambling and it was a
...
view the full minutes text for item 6.
|
|
7. |
Mr Fogg's, 15 Bruton Lane, W1J PDF 12 MB
App
No
|
Ward/ Stress
Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
5.
|
West End / not in
stress area
|
Mr Fogg's, 15 Bruton Lane,
W1J
|
New
|
15/02424/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 30th July
2015
Membership:
Councillor Tim Mitchell (Chairman) and Councillor Louise Hyams
Legal Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: Environmental
Health and Metropolitan Police.
Present: Mr Gary Grant (Counsel,
representing the Applicants), Mr Duncan Stirling and Mr Charlie
Gilkes (Applicant Company), Mr Ian
Watson (Environmental Health) and PC Bryan Lewis (Metropolitan
Police).
Mr Fogg's, 15 Bruton Lane, W1J
15/02424/LIPV
|
1.
|
Sale
by Retail of Alcohol: On and off the premises
|
|
Monday to Sunday: 10:00 to 02:00.
|
|
Amendments to application
advised at hearing:
|
|
The Applicant amended the
terminal hour for all licensable activities on Sundays to midnight
with closing of the premises at 00.30 on the following
day.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
initially heard from Mr Grant, representing the
Applicants. He informed Members that
the venue pays tribute to the fictional character Phileas J Fogg and the
clientele included many of the current prominent real life
explorers. The clientele were aged from
their mid 20’s to late 80’s
and the average age was 35.
Mr Grant emphasised
that the venue prior to May 2013 had been a vertical drinking pub
but his clients had changed the establishment to a high end lounge
and cocktail bar with more seating and upgraded
facilities. He made the point that the
venue was already permitted to open Sunday to Thursday until 02:00
and Friday and Saturday until 02:30.
His clients were now keen to remove the discrepancy between the
permitted hours for licensable activities and the opening
hours. He expressed the view that
customers should not have to ‘stock up’ on alcohol
purchases because of the discrepancies in the premises
licence.
Mr Grant made the
point that since his clients had been operating Mr Fogg’s in May 2013 there had been no reported
complaints or incidents. Many residents
were customers and there had been no representations against the
application from local residents. Over
the last eighteen months there had been 19 temporary event notices
in operation at Mr Fogg’s until
the hours being proposed in the current application and these had
not caused any issues.
Mr Grant addressed the
Sub-Committee on the proposed conditions. There was one difference between what was being
proposed by his clients and Environmental Health and the
Police. His clients were requesting a
last entry time of 00:30 Monday to Saturday due to the fact that
customers who hoped to join their friends after a meal had had to
be turned away because of the midnight last entry time on the
existing licence. The Police and
Environmental Health were requesting a last entry time of
midnight.
PC Lewis for the
Metropolitan Police and Mr Watson for Environmental Health
confirmed that they had maintained their representations due to the
need to finalise conditions, notably the last entry
time. The Applicants had agreed all of
their other proposed conditions, including with Environmental
Health that after 2300 hours, smokers shall
...
view the full minutes text for item 7.
|
|