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Agenda and draft minutes

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

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

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.

3.

The Phoenix, 51 Moscow Road, W2 pdf icon 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

 

 

 

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 icon 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Application granted under delegated powers as all representations were withdrawn prior to the hearing.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 icon 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.

6.

Bar Termini, 7 Old Compton Street, W1 pdf icon 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 icon 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

 

 

Current Hours

 

Monday to Saturday: 12:00 to 15:00 hours and 18:00 to 22:30 hours

Proposed Hours  ...  view the full minutes text for item 7.

8.

Ascott Mayfair London, Lower Ground Floor, 49 Hill Street, W1 pdf icon 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.