Items
No. |
Item |
1. |
Membership
To report any changes to the membership.
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 Floru, Acton and
Toki declared that they had previously considered an application
for Bar Termini at the Licensing Sub-Committee hearing on 15 May
2014. This was not a personal or
prejudicial interest and did not in any way affect their ability to
consider the current application impartially.
Councillor Heather Acton
declared that she had previously dined at Shiori. This was not a
personal or prejudicial interest and did not influence her decision
making in any way.
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3. |
The Phoenix, 51 Moscow Road, W2 PDF 5 MB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
Lancaster Gate Ward /
not applicable
|
The Phoenix, 51 Moscow
Road, W2
|
Variation
|
15/09852/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 12th January
2016
Membership:
Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal Adviser:
Horatio Church
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
The
Phoenix, 51 Moscow Road, W2
15/09852/LIPV
|
Application adjourned prior to the hearing.
|
|
4. |
Burger Station, 11 South Molton Street, W1 PDF 2 MB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
West End Ward / not
applicable
|
Burger Station, 11
South Molton Street, W1
|
Variation
|
15/08088/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 12th January
2016
Membership:
Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal Adviser:
Horatio Church
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Burger
Station, 11 South Molton Street,
W1
15/08088/LIPV
|
Application granted under delegated powers as all
representations were withdrawn prior to the hearing.
|
|
5. |
Burger & Lobster, Maranda House, 26-28 Binney Street, W1 PDF 1 MB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
West End Ward / not
applicable
|
Burger & Lobster,
Maranda House, 26-28 Binney Street, W1
|
Variation
|
15/09258/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 12th January
2016
Membership:
Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: Ward
Councillor and 2 local residents.
Present: Mr Thomas O’Maoileoin
(Solicitor, representing the Applicant).
Burger
& Lobster, Maranda House, 26-28
Binney Street, W1
15/09258/LIPV
|
1.
|
Proposed variation to condition on existing premises
licence
|
|
Condition on existing
premises licence
24. The supply of
alcohol for consumption on the premises shall only be to a person
taking a table meal there and for consumption by such a person as
ancillary to their meal.
|
Proposed amended
condition
24. The supply of
alcohol for consumption on the premises shall only be to a person
taking a table meal there and for consumption by such a person as
ancillary to their meal.
Notwithstanding
condition 24, alcohol may be supplied and consumed in the bar area
hatched black on the plan, by up to a maximum at any one time, of
12 seated persons by waiter service until 9pm.
|
|
|
Amendments to application
advised at hearing:
|
|
During the hearing, Mr
O’Maoileoin amended the proposed latest time that alcohol
could be supplied and consumed in the bar area without it being
ancillary to a table meal from 9pm (21:00 hours) to 8pm (20:00
hours).
|
|
Decision (including reasons if
different from those set out in report):
|
|
This was a variation
application to relax a condition on the existing premises licence
so as to allow up to 12 people to consume alcohol in the bar area
without a table meal until 21:00 hours. Mr O’Maoileoin, representing
the Applicant, informed Members that the Police prior to
withdrawing their representation had suggested a maximum of 12
customers in this area at any one time rather than the 15
originally put forward by the Applicant because it was 10% of the
capacity. He also
stated that there are 12 covers in the bar area so this would be
relatively easy to enforce.
During the hearing, Mr
O’Maoileoin amended the proposed latest time that alcohol
could be supplied and consumed in the bar area without it being
ancillary to a table meal from 21:00 hours to 20:00
hours. He referred to this being in
keeping with the Council’s revised Statement of Licensing
Policy. Mr O’Maoileoin emphasised
that alcohol in the bar area would be served by waiter or waitress
at all times and the bar area would revert to restaurant use after
20:00. Alcohol served in the restaurant
would continue to be ancillary to a table meal at all
times. He also made the point that he
did not believe there were any noise complaints or Police concerns
relating to the premises.
The Sub-Committee
granted the amended application so that alcohol would be permitted to be supplied and consumed in the
bar area by up to a maximum at any one time, of 12 seated persons
by waiter service until 20:00 hours.
Members noted that Burger Lobster is not located ...
view the full minutes text for item 5.
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|
6. |
Bar Termini, 7 Old Compton Street, W1 PDF 3 MB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
West End Ward / West
End
|
Bar Termini, 7 Old
Compton Street, W1
|
New
|
15/10386/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 12th January
2016
Membership:
Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: Environmental
Health, Metropolitan Police and the Soho Society.
Present: Mr Julian Skeens (Solicitor, representing the Applicant), Mr
Luke Elford (Solicitor, on behalf of
the Applicant), Mr Marco Arrigo
(Applicant Company), Mr Dave Nevitt (Environmental Health) and PC
Reaz Guerra (Metropolitan Police)
Declaration: Councillors
Floru, Acton and Toki declared that they had previously considered
an application for Bar Termini at the Licensing Sub-Committee
hearing on 15 May 2014. This was not a
personal or prejudicial interest and did not in any way affect
their ability to consider the current application
impartially.
Bar
Termini, 7 Old Compton Street, W1
15/10386/LIPN
|
1.
|
Late
Night Refreshment (indoors)
|
|
Monday to Thursday 23:00 to 23:30
Friday and Saturday: 23:00 to 01:00
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
initially heard from Mr Skeens,
representing the Applicant. Mr
Skeens stated that Bar Termini was food
led with a capacity of 30 people inclusive of staff. His client was seeking a new premises licence for
licensable activities. However, there
was an existing licence for the premises. There was no change to the proposed hours for late
night refreshment (indoors) from the existing licence. There was no change proposed to the hours already
permitted for on sales Monday to Thursday (off sales were no longer
requested) and on Sunday but an additional hour was sought on
Friday and Saturday evenings. In terms
of opening hours, in addition to an extra hour being sought on
Friday and Saturday evenings, earlier opening hours were proposed
Monday to Sunday. The licensable activities
were also requested from the end of permitted hours on New
Year’s Eve until the start of permitted hours on New
Year’s Day and an additional hour was sought on
Valentine’s Day, the Sunday before Bank Holiday Monday,
Christmas Eve and Boxing Day.
The Sub-Committee
noted that the existing licence for the premises in 2014 whilst not
requiring the model restaurant condition MC66, did require alcohol to only be supplied to
customers who are also provided with substantial food. The conditions for the current application
required substantial food to be available and for alcohol to be
served by waiter or waitress but did not specify that alcohol would
be ancillary to food. Members wished to
know what made the application for a bar in the West End an
exception to policy. Mr Skeens emphasised that Bar Termini is a quality
specialist café, aperitivo and digestivo
bar. There were
no issues at the premises, including when Temporary Event Notices
had been applied for. The aspects of
the application sought in addition to those already permitted on
the existing licence were needed to assist the premises in being a
viable business financially. The
additional hour on Friday and Saturday nights would give customers
...
view the full minutes text for item 6.
|
|
7. |
Shiori, 45 Moscow Road, W2 PDF 1 MB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
5.
|
Lancaster Gate Ward /
not applicable
|
Shiori, 45 Moscow Road,
W2
|
Variation
|
15/09578/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 12th January
2016
Membership:
Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: 3 local
residents.
Present: Mr Alam (Representing the Applicant), Ms Kayoko
Suzui (Director, Applicant Company) and
Mr Akio Shindate
(Assistant).
Declaration: Councillor Heather Acton declared that she had
previously dined at Shiori. This was not a personal or prejudicial interest
and did not influence her decision making in any way.
Shiori, 45 Moscow
Road, W2
15/09578/LIPV
|
1.
|
Sale
by Retail of Alcohol (On and Off)
|
|
Current Hours
Monday to
Saturday: 12:00 to 15:00 hours and 18:00 to
22:30
|
Proposed Hours
Monday to Saturday:
12:00 to 22:30
Sunday: 12:00 to
22:00
|
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
Mr Alam, representing the Applicant, explained
that the
premises as a result of the existing licence operated, including for the sale of
alcohol, from 12:00 to 15:00 hours and 18:00 to 22:30 hours Monday
to Saturday. His client was seeking to
sell alcohol from 12:00 to 22:30 hours Monday to Saturday without
the break from 15:00 to 18:00 and remain open on these days until
23:00. On Sundays, the Applicant wished
to sell alcohol from 12:00 to 22:00 and remain open until 22:30
(the premises had not previously had licensable activities on
Sundays). Mr Alam emphasised that Shiori
is a specialist Japanese restaurant that focuses on a specific
clientele. These include Japanese
companies and embassy staff. The
average bill is £150-£200 per person and alcohol is
£5 to £30 per glass.
Mr Alam
added that the capacity for Shiori is
20 people including staff and there are 16 seats in the
premises.
MrAlam made the points
in response to residents’ written objections that
Shiori currently sells alcohol for
consumption on and off the premises until 22:30 Monday to Saturday
and he did not believe this caused any issues to
residents. The residents’
concerns in their representations related to premises in general
and there was no direct evidence of issues arising from the
restaurant. There were a number of
licensed premises within 75 metres of
Shiori which operate the same or longer
hours.
The Sub-Committee, in granting the application, noted that
Shiori is run as a
restaurant. It is located outside the
cumulative impact areas and the Applicant’s proposed
extension of hours was largely during the daytime. The opening hours sought involved an additional
half an hour until 23:00 Monday to Saturday which is within the
Council’s Core Hours policy. The
proposed hours on Sunday are also in keeping with Core
Hours. Members noted that there were no
representations from the Council’s Environmental Health
Department or the Police and no evidence to suggest that the
restaurant was responsible for any nuisance being caused to local
residents.
|
2.
|
Opening Hours
|
|
|
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8. |
Ascott Mayfair London, Lower Ground Floor, 49 Hill Street, W1 PDF 975 KB
App
No
|
Ward/ Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
6.
|
West End Ward / not
applicable
|
Ascott Mayfair London, Lower Ground
Floor, 49 Hill Street, W1
|
New
|
15/10074/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 12th January
2016
Membership:
Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and
Councillor Aziz Toki
Legal Adviser:
Horatio Chance
Policy
Adviser:
Chris Wroe
Committee
Officer: Jonathan
Deacon
Relevant Representations: Environmental
Health.
Present: Mr Nicolas Frison (Director, Applicant Company), Mr Damien
Marty (Business Development Director and shareholder of Applicant
Company), Dave Nevitt (Environmental Health) and PC Reaz Guerra
(Metropolitan Police)
Ascott
Mayfair London, Lower Ground Floor, 49
Hill Street, W1
15/10074/LIPN
|
1.
|
Late
Night Refreshment
|
|
Monday to Sunday: 23:00 to 01:30
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
initially heard from Mr Frison and Mr
Marty. They informed Members that their
catering company was currently delivering food to hotels and
serviced apartments until 22:30 from 49 Hill Street without alcohol
being sold. A significant part of their
business, which did not include takeaways to residents, was in the
Knightsbridge and South Kensington area. They wished to sell alcohol and provide late night
refreshment until 01:30 every night of the week. Having received orders on the telephone, the food
and drink would be delivered via small motorbikes whose riders
would double up as the waiters serving hotel residents. Mr
Frison added that the waiters had
received the necessary training in relation to sales of
alcohol.
The Sub-Committee put
the point to Mr Frison and Mr Marty
that whilst the small motorbikes might make less noise than some
larger ones, the Applicants were seeking to use them in a
residential area in Central Mayfair until 01:30 which had the
potential to cause nuisance. Mr
Frison and Mr Marty were asked whether
they would consider using electric vehicles or bicycles which were
not likely to raise the same issues. Mr
Frison replied that they had recently
purchased the motorbikes but that they would wish to replace them
over time. They were conscious of the
requirement for ultra-low emissions in London. The Sub-Committee also asked about
collections. Mr Frison responded that this took place at the hotels
once a week between 09:00 and 15:00 Monday to Friday. This was processed in their kitchen facilities
located in Tower Hamlets. Mr Marty
confirmed in response to Members’ questions that the waiters
were able to check the age of those receiving the alcohol in the
hotel rooms. The Applicants were
content to agree all of Environmental Health’s proposed
conditions, including the adoption of a Challenge 21 or Challenge
25 proof of age scheme.
PC Guerra stated that
the Police maintained their representation as the application
exceeded the Council’s Core Hours policy. The Police’s main concern was verifying the
age of those receiving the alcohol. The
Applicants had now agreed the proof of age scheme.
The Sub-Committee was
next addressed by Mr Nevitt, representing Environmental
Health. He referred to his written
representation which flagged up his concerns regarding the
potential for noise and disturbance caused by the motorbike
deliveries. Waverton Street is a quiet, residential area and
the premises where the ...
view the full minutes text for item 8.
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