Agenda and minutes

Lobster Roll Deli, Maranda House, 26-28 Binney Street, W1

14/04951/LIPN

1.

Sale of Alcohol: On and Off the premises

Monday to Saturday 10:00 to 23:00

Sunday 12:00 to 22:00.

Amendments to application advised at hearing:

Mr O’Maoileoin, representing the Applicant, amended the proposed terminal hour for the sale of alcohol for consumption off the premises to 20:00 hours.

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

The Sub-Committee initially heard from Mr O’Maoileoin, representing the Applicant.  He provided some background in respect of the premises.  It had previously been a restaurant, Café Uno on the ground floor and a nightclub, Cork’s Wine Bar on the first floor.  There had been a redevelopment by Grosvenor Estates and the leases had come to an end.  There had been major issues for residents in respect of Cork’s Wine Bar.  Mr O’Maoileoin wished to emphasise that the Applicant would ensure that the same issues would not arise at Lobster Roll Deli as had occurred in respect of Cork’s Wine Bar.  Following meetings with residents, the proposed terminal hours were reduced on Saturdays and Sundays.  The Applicant had proposed conditions including that alcohol would at all times be ancillary to a table meal, delivery times would be limited between 08:00 and 20:00 hours and any queuing would be towards Oxford Street.  He fully appreciated the residential nature of the locality.

Mr O’Maoileoin explained the nature of the operation.  Lobster Roll Deli was owned and operated by the same company responsible for the Burger and Lobster restaurants.  The menu for Lobster Roll Deli would include four different types of lobster roll and chowda.  The tables were in the middle of the floors and hung from the ceilings.  Some of the tables had seating but the majority of customers would stand and eat.  All alcohol would be sold ancillary to food, Including off-sales.  In respect of on-sales, alcohol would be served in the basement only (after being pre-purchased upstairs on the ground floor) and could only be consumed there with food.  If one wanted to go and eat upstairs it would be possible to consume food and non-alcoholic drinks only.  A lobster roll and French fries constituted a substantial table meal.  The turnaround of each cover was intended  ...  view the full minutes text for item 3.

Sticks N Sushi, 11 Henrietta Street, Covent Garden, WC2

14/03454/LIPV

1.

Opening Hours:

To extend the terminal opening hours:-

Monday - Thursday to 00:00 

Friday and Saturday to 00:30.

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 application was to extend the terminal opening hours for the premises until midnight Monday to Thursday and 00:30 hours Friday and Saturday.  The Applicant was no longer applying for an extension of hours for licensable activities.  Mr Anderson and Mr Karlsson explained that the extension was sought so that diners at the Japanese restaurant would not be rushed into leaving the restaurant at 23:30 Monday to Thursday and midnight Friday and Saturday.  The dwell time for customers was approximately one to two hours and as a result of the terminal hour the Applicant had been required to turn away theatregoers Monday to Thursday and those wishing to go out later on Fridays and Saturdays.  Mr Anderson stated that his client was at a slight competitive disadvantage in comparison to other restaurants that were able to operate until later.

The Sub-Committee noted that the hours on the existing premises licence for licensable activities were in keeping with the Council’s Core Hours policy and there is an expectation within the policy that customers will leave at that time.  The Sub-Committee however granted the application on the basis of a number of concessions by the Applicant.

The first of these concessions was that Mr Anderson offered on behalf of his client a condition that no alcohol would be supplied or consumed by the “bar” users for the additional 30 minutes of the opening hours applied for.  The Applicant was therefore providing an assurance that there would be no extension in bar use as the purpose of the application was to make the dining experience at Sticks N Sushi less rushed and more enjoyable.  The extension would apply to the restaurant area only.  Policy RNT2 for restaurants in a stress area applied and not therefore those relating to bars.  As Mr Anderson said the policy for restaurants was less strict than for bars in the stress areas.

A second concession offered by Mr Anderson was that in the event the Sub-Committee was minded to grant the application his client would be willing to reduce the ground floor bar area capacity from 40 to 20 patrons.  Alcohol was not ancillary to food in this area.  Mr Anderson added that the focus of the business was very much on dining so this would not adversely affect the  ...  view the full minutes text for item 4.

189 Piccadilly, W1

14/04363/LIPV

Granted under Delegated Authority prior to the hearing.

Front Outside Area Of 39 Hereford Road, W2

Temporary Event Notice – 14/06357/LITENN

Proposed licensable activities for 14/06357/LITENN:

• The sale by retail of alcohol (on & off sales)
• The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
• The provision of regulated entertainment
• The provision of late night refreshment.

Proposed period of event: 12:00 – 00:00 on Sunday 24^th August and 12:00 – 00:00 on Monday 25^th August 2014.

Decision (including reasons):

The Sub-Committee decided that a counter notice would be issued to the Premises User in respect of the Temporary Event Notice 12/11324/LITENN, in accordance with s.105 of the Licensing Act 2003on the grounds that allowing the premises to be used in accordance with the notice would undermine the prevention of crime and disorder, prevention of public nuisance and public safety licensing objectives. 

The Premises User, Mr Saaida, was not at the hearing.  The Sub-Committee had noted from Mr Saaida’s application and from his e-mail exchange with PC Sollars of the Metropolitan Police that he sought to play music outside of the restaurant in 39 Hereford Road whilst food was served from hot plates and a barbecue.  Music would be played through a laptop and speakers.  The sale by retail of alcohol for consumption on and off the premises and late night refreshment had also been applied for. 

In issuing the counter notice, the Sub-Committee took into account the issues that would arise if Mr Saaida’s proposed licensable activities were permitted.  PC Sollars explained that there were no other sound systems in Hereford Road.  The playing of the music would cause nuisance to local residents.  The activities would stretch the footprint of Notting Hill Carnival.  Applicants who had applied for a licence for recorded music for sound systems had agreed to conclude the playing of music at 19:00 hours.  The Police objected to any extension beyond 19:00 hours for music being played from sound systems.  The Premises User was seeking to play music until midnight.  The planning for the Carnival had been concluded many months previously.  The temporary event notice had been submitted too late to effectively plan for what was proposed in terms of its impact as part of the overall Carnival.  Undertakings had been given by those who would be playing music from sound systems at the Carnival.  Mr Saaida had not provided the undertakings which would give the Police confidence that the licensing objectives would not be undermined.  PC Sollars confirmed that the Police objected to all aspects of the Temporary Event Notice.

The Sub-Committee noted that Mr Nevitt shared PC Sollars’ concerns.  He stated that Environmental Health sought to  ...  view the full minutes text for item 6.