Agenda and draft minutes

Duck & Rice, First Floor, 90-91 Berwick Street, W1

15/06480/LIPN

1.

Late Night Refreshment (Indoors)

Amendments to application advised at hearing:

None.

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

The existing premises licence for 90-91 Berwick Street enables the premises to operate as a restaurant on the first floor and a bar on the ground floor with an outside area for tables and chairs.  The Applicants sought a new premises licence to extend the proposed hours from Core Hours (23:30 Monday to Thursday, midnight Friday and Saturday and 22:30 on Sunday) to 01:00 Monday to Sunday for licensable activities and a closing time of 01:30.  Mr Hughes explained on behalf of the Applicant that a new application had been submitted rather than a variation as the stipulation in the lease agreement with the landlord was for a ground floor public house.  There were concerns that if the ground floor was part of the application a decision taken by the Sub-Committee could potentially affect its viability in a commercial sense. 

Mr Hughes emphasised that Mr Alan Yau, the owner of Duck and Rice, was a long term investor and restaurateur in Westminster.  It was a thriving restaurant on the first floor which had been operating for six months.  The Endurance which had been the subject of a review of the premises licence had been replaced by a well-controlled public house on the ground floor.  Mr Hughes stated that in relation to the Council’s licensing policy, applications for restaurants in the West End Stress Area will be granted subject to other policies and subject to the relevant criteria in Policies CD1, PS1, PN1 and CH1, provided it can be demonstrated that they will not add to cumulative impact in the Stress Areas.  Conditions had been proposed by Mr Watson of the Council’s Environmental Health Department (“Environmental Health”) and the Metropolitan Police with the Police withdrawing their representation.  Mr Hughes referred to paragraph 2.5.9 of the Statement of Licensing Policy that ‘when considering applications for the sale of alcohol after 01:00 where representations are made on  ...  view the full minutes text for item 3.

Top Dog Eats, Basement And Ground Floor, 48 Frith Street, W1

15/05492/LIPV

1.

Layout alteration

Amendments to application advised at hearing:

None.

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

This was a variation application to extend the existing licence in order to include an area outside the front of the premises.  Mr O’Maoileoin, representing the Applicant, explained that an application had been submitted to vary the layout of the inside of the premises and this had been granted under delegated authority but had mistakenly not included the external area.  The outside area is within the ownership of the licence holders and so does not form part of the public highway.

Mr O’Maoileoin stated that the Applicant was proposing that the Council’s model restaurant condition, which was attached to the existing licence for the internal area of Top Dog Eats, would also apply to the outside area.  Alcohol would be ancillary to a table meal and served by waiter or waitress to seated customers.  The Applicant had agreed the conditions proposed by the Metropolitan Police and Mr Watson of the Council’s Environmental Health Department (“Environmental Health”).  The conditions agreed with the Police were the Council’s model CCTV and incident log conditions and that all tables and chairs would be removed by 23:00 hours.  The Police had subsequently withdrawn their representation. The conditions agreed with Environmental Health were that the number of tables and benches permitted outside the premises would not exceed 2 tables and 4 benches.  Mr O’Maoileoin and Mr Watson  advised that the benches were less likely to be moved and impact on the highway than chairs.  There was also a proposed condition to remove litter or waste outside the premises and ensure it was swept and / or washed.  Mr Watson confirmed that he was content with the application, having visited the premises and having had his concerns addressed as a result of the Applicant agreeing the proposed conditions.    

MrO’Maoileoin informed the Sub-Committee that he had attempted to contact representatives of The Soho Society but to no avail. He had not received any recent communications from them.  He added that the original representation had expressed concerns that table meals would not be provided and there would be the potential for vertical drinking.  However, the conditions which his client had agreed would require that substantial table meals were provided and that there could be no vertical drinking.

The Sub-Committee asked MrO’Maoileoin about the point made  ...  view the full minutes text for item 4.

Ruby Blue, Ground Floor, Queens House, 1 Leicester Place, WC2

15/06429/LIPV

Following amendments to the application and as a result of the withdrawal of all representations, the application was granted under delegated powers.

China Exchange, Gerrard Building, 32-35 Gerrard Street, W1

15/07179/LIPN

The application was granted under delegated powers following the withdrawal of all representations.