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Agenda and draft minutes

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Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

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 icon 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 icon 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).

 

 

 

 

 

 

 

Conditions attached to the Licence

Mandatory  ...  view the full minutes text for item 4.

5.

Scotch St James, 13 Masons Yard, SW1Y (SEV application) pdf icon 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 icon 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 icon 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.