Agenda and draft minutes

New Cavendish Club, 44 Great Cumberland Place, W1

15/11137/LIPV

1.

Performance of Live Music and Recorded Music

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the revised application, subject to conditions as set out below (see reasons for decision in Section 4).

2.

Late Night Refreshment

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the revised application, subject to conditions as set out below (see reasons for decision in Section 4).

3.

Sale by Retail of Alcohol

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the revised application, subject to conditions as set out below (see reasons for decision in Section 4).

4.

Opening Hours

Amendments to application advised at hearing:

None

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

The Sub-Committee considered an application by Quintillion Restaurants Ltd for a variation of a premises licence in respect of the New Cavendish Club.

The Licensing Officer provided an outline of the application to the Sub-Committee.

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

The Sub-Committee’s Legal Advisor clarified the position of Heather Acton who was objecting to the application as a local resident and not in her capacity as a councillor. Heather Acton declared that she had a disclosable pecuniary interest in the matter as she lived in the property that was situated immediately next to the premises concerned. As the Sub-Committee would retire to make its decision the applicant confirmed that they were satisfied for Heather Acton to remain in the meeting during the public debate so that she could give evidence in support of her representation and answer questions. This was also permitted by Standing Order 69.

Mr Bayliss, representing the applicant, explained that the building was currently derelict and Quintillion Restaurants Ltd wanted to invest significant sums of money  ...  view the full minutes text for item 3.

Shackfuyu, Basement and Ground Floor, 14 Old Compton Street, London W1

15/11692/LIPV

1.

Playing of Recorded Music - Unrestricted

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the variation.

2.

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

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the variation.

3.

Late Night Refreshment

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the variation.

4.

Sales by Retail of Alcohol

Amendments to application advised at hearing:

None

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

The Sub-Committee granted the variation.

5.

Opening Hours

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

The Sub-Committee granted the variation.

6.

Layout Alteration

The application proposes changes to the premises layout, including:

Basement:

1. Replacement of bar area with dining room;

2. General improvements to back-of-house areas and kitchen.

Ground Floor:

1. Introducing of dining counter and bar (previously located in basement).

2. Changes to seating layout.

3. Removal of pizza oven.

The primary proposal relates to the relocation of the basement bar to the ground floor as a new dining counter and bar.

Amendments to application advised at hearing:

None

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

The Licensing Officer provided an outline of the application to the Sub-Committee for a variation of a premises licence. The premises would continue to operate as a Shackfuyu restaurant and the application did not involve any changes to the licensable activities or the permitted hours or the conditions.  

Mr Spiegler, the applicant’s representative, explained that the use of the dining  ...  view the full minutes text for item 4.

West 9 Food & Stores, Basement and Ground Floor, 350 Harrow Road, London

15/01317/LIREVP

An application by the Licensing Authority for a review of a premises licence was submitted on 24 February 2015 on the grounds of Prevention of Crime and Disorder. The application was based on an operation carried out by HMRC on 18 September 2014. A substantial quantity of alcohol was seized from the premises pursuant to section 139 of the Customs and Excise Management Act 1979 when receipts were not produced to show that the correct duty had been paid. No appeal had been lodged against the seizure of the alcohol but the licensee had submitted numerous invoices and receipts to the licensing authority.  

Decision:

The Sub-Committee carefully considered all of the material received from the parties involved.  The Sub-Committee also heard submissions and evidence at the hearing prior to Members retiring to reach a decision.

The Chairman confirmed that the review related to an operation by Her Majesty’s Revenue & Customs (HMRC) where a substantial quantity of alcohol had been seized as no Excise Duty had appeared to have been paid on the goods when receipts could not be provided at that time.

Mr Owers of HMRC informed the Sub-Committee that there were different elements to the seizure. The first one involved the seizure of spirits from the premises. A number of bottles seized were 375ml in size which was not a UK approved size. It was confirmed that the approved size for sale in the UK was 350ml. Bottles of whiskey had also been seized as it was discovered their rear labels were counterfeit. Bottles of vodka had also been seized with counterfeit tax stamps. The members were also made aware that another West 9 Store had also been subjected to an operation and was discovered to be in possession of a roll of counterfeit labels. It was noted that the fine for possession of one counterfeit label was £250.

Another element to the application centred on the seizure of beers and wine from the premises as invoices relating to their procurement could not be produced at the time. Mr Owers confirmed that approximately three hours later invoices for the purchase of the alcohol had been faxed to the HMRC office. It was explained that these had not been accepted as one invoice related to a different West 9 Store, which was a separate legal entity, and the remaining invoices were for alcohol purchased using day passes. Mr Owers informed the Sub-Committee that  ...  view the full minutes text for item 5.