Agenda and minutes

Bouillabaisse, Basement And Ground Floor, 4 Mill Street, W1

15/01491/LIPV

1.

Sale of Alcohol: On the premises

Amendments to application advised at hearing:

None.

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

An application for a variation of the premises licence seeking an earlier commencement hour for the sale of alcohol for consumption on the premises of 08:00 Monday to Saturday and 09:00 on Sunday and to change the layout of the premises.  The changing of the layout involved relocating the dispense bar to the back of the premises (Mr Baylis, representing the Applicant, advised that the restaurant space would be at the front) and installing new fixed seating on the ground floor, installing new fixed tables and fish tanks and refurbishing the kitchen areas in the basement and adding new office space in the basement.

The Sub-Committee received one written representation from a local resident, Mr Murphy, who was requesting that on-sales commenced at 10:00 on Saturday and 11:00 on Sunday.  He had particular concerns that the application could potentially lead to the prevention of crime and disorder and public nuisance licensing objectives being undermined.  The commencement hours for on-sales on the existing licence were 10:00 Monday to Saturday and midday on Sunday.  The Sub-Committee took into account however in granting the application that whilst there was loose seating on both the basement and ground floors, the Applicant would be required to comply with an existing condition on the licence that on-sales were ancillary to a table meal at all times, constituting a restaurant rather than a bar.  Mr Baylis clarified that there was no intention to turn the premises into a bar and that alcohol was required earlier in the morning to accompany breakfast.

The Sub-Committee considered that the conditions attached promoted the licensing objectives and Bouillabaisse was not located in a designated stress area so no policy presumptions applied.  Environmental Health had withdrawn their representation following the Applicant’s agreement to the capacity condition (condition 14 in the list of conditions set out below) that ‘the number of persons accommodated at one time (excluding staff) shall not exceed; Basement – 30, with no more than 60 persons within the premises at any one time’ 

Mr Baylis advised during the hearing that if the application was granted there would be a further variation to the layout plan which would be the subject of a variation application and would incorporate some additional WCs.

2.

Variation of layout

To change the layout of the premises

• relocate dispense bar on ground floor
• install new  ...  view the full minutes text for item 3.

West 9 Food & Stores, Basement And Ground Floor, 350 Harrow Road, W9

15/01317/LIREVP

Summary of Application:

An application submitted by the Licensing Authority for a review of the premises licence for West 9 Food & Stores, 350 Harrow Road, London, W9 2HP, was received on 24^th February 2015 on the grounds of Prevention of Crime and Disorder.  On 19^th September 2014, during an operation by Her Majesty’s Revenue & Customs, substantial quantity of alcohol were seized from the premises as officers were of the view that Excise Duty had not been paid on the goods.

The premises currently benefits from a premises licence that permits:

Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit Unrestricted

Sale by Retail of Alcohol (Off Sales)

Monday to Saturday                                           08:00 to 23:00         

Sunday                                                               10:00 to 22:30

Playing of Recorded Music  Unrestricted

The opening hours of the premises:

Monday to Saturday                                           08:00 to 23:00         

Sunday                                                               10:00 to 22:30

No other representations were received in respect of the application.

The Licence Holder was seeking revocation of the licence.

The Authority must, having regard to the application and the representations, take such steps (if any), as it considers appropriate for the promotion of the licensing objectives.  The steps are:

(a)  to modify the conditions of the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition added.

(b)  to exclude a licensable activity from the scope of the licence;

(c)  to remove the designated premises supervisor;

(d)  to suspend the licence for a period not exceeding three months;

(e)  to revoke the licence;

In accordance with section 52(6) of the 2003 Act, if the authority takes measures to modify conditions or exclude licensable activities from the licence, it may stipulate that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.

The licensing authority’s determination of this application does not have effect until the 21 day appeal period has expired or if the decision is appealed the date the appeal is determined and / or disposed of.

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

The Sub-Committee adjourned the application.

Members of the Sub-Committee took the view that they were being asked to examine whether steps needed to be taken at the review hearing on the basis that Her Majesty’s Revenue & Customs officers believed that Excise Duty had not been paid on alcohol that had been seized.  ...  view the full minutes text for item 4.