Agenda and draft minutes

Park Chinois, 17 Berkeley Street, W1

14/05048/LIPN

1.

Regulated Entertainment:

To Permit:-

·          Performance of Dance: Monday to Sunday - 10:00 to 01:30

·          Exhibition of a Film: Monday to Sunday - 10:00 to 01:30

·          Performance of Live Music: Monday to Sunday - 10:00 to 01:30

·          Playing of Recorded Music: Monday to Sunday - 10:00 to 01:30

·          Anything of a similar description to Live Music, Recorded Music or Performance of Dance : Monday to Sunday - 10:00 to 01:30

·          Performance of a Play: Monday to Sunday - 10:00 to 01:30.

Amendments to application advised at hearing:

Mr Grant on behalf of his client amended the commencement hour for regulated entertainment to midday on Sundays.  This is in line with the Council’s Core Hours policy. During the course of the hearing, Mr Grant further indicated that the extent of the licensed premises was being reduced. The basement of 33 Dover Street had been included within the licensed area of the premises at 17 Berkeley Street, albeit that it was only going to be used for back of house servicing. It was situated on the same level as the ground floor of 17 Berkeley Street. Mr Grant indicated that it was being removed as part of the licensed premises.

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

The Sub-Committee granted the hours applied for in respect of regulated entertainment Monday to Saturday and granted midday to 23:30 on Sunday.  In granting these hours, the Sub-Committee considered the overall proposals and the concerns expressed by local residents in relation to the effect of the premises on the area.

The overall proposals that Members considered, were firstly, the nature of the premises at 17 Berkeley Street.  The report had included details of Mr Alan Yau’s concept for Park Chinois and it was clear that the premises would be a restaurant and not a nightclub or destination bar.  The Applicant had agreed to a full restaurant condition being added to the premises licence.  There were two dining  ...  view the full minutes text for item 3.

33 Dover Street, W1

14/05061/LIPV

1.

Variation to plans so as to:

(i)     Remove the basement level from the licensable area, and

(ii)    Incorporate changes to the ground floor, namely, reconfiguration of seating layout.

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 considered this application in conjunction with the new premises licence for Park Chinois, 17 Berkeley Street.  Members took into account that of particular significance was that both 17 Berkeley Street and 33 Dover Street had been traded by the same operator as a bar with food provided.  As Mr Grant, representing the Applicant, advised at the hearing, whilst there were proposed extensions for the hours for licensable activities for a maximum capacity of 450 at 17 Berkeley Street until 01:30 Monday to Sunday, it was also proposed that the basement area of 33 Dover Street with a capacity of 100 was removed from the licence and that the capacity on the ground floor at Dover Street was reduced by a third from 180 to 120.  There were no changes to the hours in respect of the Dover Street application. The premises would continue to operate on the ground floor with an alcohol licence until 2 am with a restaurant condition applying from 1 am. They would effectively operate in conjunction with the premises at 17 Berkeley Street.     

The Sub-Committee noted that the 33 Dover Street premises had been reviewed by local residents on the grounds of the prevention of crime and disorder and the prevention of public nuisance in 2011.  Mr Watson for Environmental Health advised that these premises had historically, when trading as Automat, been a major source of nuisance.  Members accepted Mr Watson’s point that there would be a big improvement with the current operation than with Automat.  The Applicant for Park Chinois was offering to surrender the existing licence for 17 Berkeley Street which permitted it to operate as a bar and replace it with a licence for a restaurant in addition to reducing the numbers and the impact of the bar at 33 Dover Street.  The overall capacity for both premises would reduce by 24% from 753 to 570. The Applicant also surrendered private entertainment at 33 Dover Street which had previously been unrestricted on  ...  view the full minutes text for item 4.

Cirque Le Soir, Basement 15-21 Ganton Street, W1 (Primary Licence – Tenant of Premises, Nicholas Laws)

14/07013/LIPV

1.

Regulated Entertainment: (Indoors)

Live Music

Performances of Dance

Anything of a similar description to live music, recorded music or performances of dance

To extend the terminal hours on Thursday from 01:00 to 03:00.

As part of the above proposal;

• to remove all regulated entertainment on Tuesdays and Sundays in full
• to reduce capacity on Mondays and Wednesdays to Saturdays from 499 to 450 and a further reduction in capacity after 02:30 hours on the day following those days hours to 400.

Amendments to application advised at hearing:

 None.

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

A very similar application had been submitted by the tenant of the premises in June 2014. However, when that application was determined, the freeholder had already been granted a shadow or secondary licence for the premises which still included the provision of licensable activities for Tuesdays and Sundays. In those circumstances, the Sub-Committee had refused the application as Members did not consider that the application was an exception to policy in the West End Stress Area.  The Sub-Committee noted Ms Tricker’s comment at that time (she had also represented the tenant at the June hearing) that there was no intention to operate both the tenant’s and the landlord’s premises licences on different nights of the week.  However, the reality was that there were two live licences at the same time with both a primary and ‘shadow’ or secondary licence in existence at 15-21 Ganton Street.  Members considered that they could not permit the granting of an extension of hours on Thursdays for the primary licence when the lack of trading on Tuesdays or Sundays could be replaced by the use of the secondary licence.

At the current hearing, the tenant and landlord of the premises had submitted identical applications which prevented the potential for the premises to be used by either licensee on Tuesdays and Sundays.  As stated by Ms Tricker at the hearing, the two applications involved extending the terminal hour for licensable activities on Thursdays from 01:00 to 03:00 and removing licensable activities on Tuesdays and Sundays.  The existing terminal hour on Tuesdays and Sundays was 01:00 and midnight respectively.  It was also proposed to reduce capacity on Mondays and Wednesdays to Saturdays from 499 to 450 and a further reduction after 02:30 hours on the day following those days to 400.  Ms Tricker advised that the overall capacities  ...  view the full minutes text for item 5.

AM 2 PM, 122-124 Chippenham Road, W9

14/07786/LIPT

Application adjourned to a later hearing at the request of the Applicant.

The Riding House Café, 43 Great Titchfield Street, W1

14/06493/LIPV

1.

To vary hours permitted for the showing of films:

Amendments to application advised at hearing:

None.

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

The Riding House Café operates as a brasserie on the ground floor with a private dining room in the basement.  The application was to extend the terminal hours permitted for licensable activities until midnight Monday to Thursday, until 01:00 Friday to Saturday and until 23:30 on Sunday.  Mr O’Maoileoin, representing the Applicant, stated that he appreciated that the extension of hours exceeded those in the Council’s Core Hours policy but made the point that he believed the conditions promoted the licensing objectives.  There was a condition on the existing licence that after 23.00 alcohol would be ancillary to a substantial bar snack or table meal, so as to include patrons who were waiting to dine or had already dined.  He had agreed all of Environmental Health’s proposed conditions for the current application which included that doors and windows would be kept closed after 23:00 hours, there would be a maximum of ten smokers permitted outside at any one time and waste or bottles would not be moved between 23:00 and 08:00 hours the following day.  A capacity condition had been agreed of 190 people on the ground floor and 18 in the basement.  Mr O’Maoileoin added that there had been no noise complaints in respect of the premises.

Ms Coleman advised the Sub-Committee that Environmental Health’s representation had been maintained due to the fact that although The Riding House Café was not located in a stress area, the proposed trading hours were beyond Core Hours.  The Riding House Cafe did not cause concerns for the Council and was food led.  

The Sub-Committee noted Mr Wroe’s advice. The Riding House Café was not strictly a restaurant as defined in the policy.  Alcohol was ancillary to a bar snack or those who had dined only after 23:00 hours. The Riding House Café is not located in one of the Council’s designated stress areas so there was no policy presumption against the application.

In response to questions from the Sub-Committee, Mr O’Maoileoin clarified that his client was not seeking takeaway of food after 23:00 hours  ...  view the full minutes text for item 7.