Agenda and minutes

Cleveland Arms Public House, 28 Chilworth Street, W2

15/09112/LIPV

Variation of a Premises Licence, Licensing Act 2003

1.

Current and proposed licensing activities

• To increase the hours of opening times to allow the sale of breakfast (so as to allow the premises to open at 08.00 on Monday to Friday and 09.00 on Saturday and Sunday).
• Internal changes to the layout (including an amended plan) so as to increase the space available for licensable activities in the basement area and to reinstate full cooking facilities.
• Extra male and female toilet facilities to be added.
• The capacity of the premises is to remain at 90 including staff.

Amendments to application advised at hearing:

None.

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

Ms Maria Tamander (Applicant) addressed the Sub-Committee in respect of the application, which sought to gain approval for extending the use of the lower ground floor of the premises where a kitchen and dining room would be installed; and for serving breakfast earlier in the morning. Ms Tamander informed the Sub-Committee that she had been working with the City Council and local residents over the past two years, to enable the premises to provide food and attract a broader clientele.

Mr Sycamore informed the Sub-Committee that the conditions set out in the report had been agreed with the Applicant. Further conditions which had been proposed by Mr John Zamit (South East Bayswater Residents Association) and agreed by the Applicant were circulated at the meeting. 

Ms Hutchinson (local resident) confirmed that Mr Zamit’s comments were in line with the opinions of local residents; and requested that any drinking outside the premises would be strictly restricted to the private forecourt area, with all tables and chairs being removed by 22:30 hours. Ms Hutchinson confirmed that the main concern was not over the proposed changes to the Licence, but related to nuisance caused by people drinking outside of the premises and leaving once the premises had closed.

Ms Natalia Georgiadou and Ms Anne Roberts (local residents) supported the comments made by Ms Hutchinson.

Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project) addressed the Sub-Committee on behalf of local residents, and outlined the comments made by SEBRA on the proposed conditions, which included restricting the smoking area to the private forecourt of the premises; limiting the number of patrons temporarily leaving the premises to smoke after 23:00 hours; and  ...  view the full minutes text for item 3.

G-A-Y Late, Ground Floor, 5 Goslett Yard, WC2

16/00325/LIPV

Variation of a Premises Licence, Licensing Act 2003

1.

Hours for Licensable Activities and Opening Hours

To increase the terminal hour of all licensable activities (apart from Late Night Refreshment) until 04:00 hours on the days following Tuesday – Saturday (with the premises closing at 04.30).

To increase the terminal hour for the provision of Late Night Refreshment until 04.30 hours on the days following Tuesday to Saturday. 

To amend the commencement hour for the sale of alcohol on Sunday from 12.00 to 10.00.

Amendments to application advised at hearing:

Mitchells and Butlers Leisure Retail Limited had agreed to withdraw their objection, subject to the agreement of the additional conditions set out under 2 below.

The Sub-Committee noted that the application was located within a Cumulative Impact Area.

Mr Craig Baylis (Solicitor) addressed the Sub-Committee on behalf of the Applicant. The premises operated under a pre-conversion licence with old conditions which included a restriction of hours and conditions for membership that had originally been obtained to provide for late opening on Sundays. The hours of operation on Bank Holidays and on the Sunday before Bank Holidays had previously been extended through successful applications for Temporary Event Licenses, and the Applicant accordingly sought to embed into the Licence the changes that were being approved every year.  The Applicant was no longer seeking such an extensive variation regarding barriers outside of the premises.

Mr Jeremy Joseph (Manager) addressed the Sub-Committee and commented on problems with Somalian gangs in Charing Cross Road and in the Soho area. Mr Joseph was looking for ways to ensure that patrons were safe, and to provide more security for customers leaving the premises, and considered that extended closing time to 04.30 hours would enable the time that customers left the premises to be staggered.

Mr Baylis highlighted that no complaints regarding the premises had been made to the Noise Team since May 2013, and suggested that this should be taken into account when considering the application for extended hours.  Mr Baylis considered that the general character of the premises and the way it was operated should also be taken into account when applying policy; and that consideration should be given as to whether the application would add to the cumulative impact. Mr Bayliss suggested that the question should be whether the proposals would conflict with the original reasons for adopting the policy. 

Mr Panto commented on the issues relating to policy, and advised the Sub-Committee that there was  ...  view the full minutes text for item 4.

The Harcourt Arms, 32 Harcourt Street, W1H 4HX

16/00449/LIPN

1.

Late Night Refreshment

Sunday to Thursday 23.00 to 23.30

Friday and Saturday 23.00 to 00.00

From the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.

From the end of permitted hours on Sundays immediately prior to a bank holiday until 00.00.

Amendments to application advised at hearing:

Ms Wade informed the Sub-Committee that since the publication of the report, the representations made by the Police had been withdrawn as the Applicant had agreed to conditions proposed by the Police as set out at page 134 of the report.

Mr Warne confirmed there was no application for late night refreshment on a Sunday, as the premises would close at 22:30.

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

Mr Piers Warne addressed the Sub-Committee, and confirmed that the Applicant was seeking a new premises licence for the existing public house which was currently being refurbished. The lower ground floor (basement) and ground floor were both used as part of the existing licence, and the application sought to make changes to the layout of the premises, with the addition of private dining rooms on the first floor; a change of layout to the garden area in the lower ground floor which would become a new dining room seating up to 65 customers; and the extension to core hours for both late night refreshment and the sale of alcohol on Fridays and Saturdays..

In response to discussions and representations from local residents, the Applicant had removed a request for recorded music and had agreed conditions with the Police, local residents and Environmental Health. Mr Warne confirmed that music would be provided as occasional background entertainment, which had been discussed with the residents. A further condition had also been agreed regarding capacity, which reflected the fire risk assessment. The capacity agreed was 60 for the Lower Ground Floor, 35 for the Ground Floor and 30 for the First Floor.

The Sub-Committee noted that the previous premises focussed more on serving alcoholic drinks, with music and barbeques in the garden area which led to complaints from local residents. A kitchen situated on the first floor had also caused problems. Mr Warne confirmed that the previous problems would be addressed by the proposed changes to the internal layout of the premises which had been made in response to concerns from residents. Under the new configuration, the kitchen would be removed from the first floor, and the basement area would be  ...  view the full minutes text for item 5.

Review of the premises licence for El Camion, 25-27 Brewer Street, W1F ORR

15/11278/ LIREVP

Summary of application

An application had been made by Mr Lawrence Lynch and Mr Ken White to review the premises licencefor El Camion, 25-27 Brewer Street, W1F ORR, on the grounds of Prevention of Public Nuisance and Protection of Children from Harm. Their concerns related to:

·         Music noise emanating from the basement and or ground of the premises into residential accommodation above the premises.

·         Noise nuisance from groups of customers smoking outside the premises

·         Noise from groups of customers dispersing late at night

·         Music noise emanating from the basement and or ground of the premises into the children’s bedroom of Flat 52 St. James’s Residence causing broken sleep of the children thereby harming their health and development.

Details of the application were set out at pages 154 to 160 of the report to the Licensing Sub-Committee (where it was noted that pages 157 and 158 had been paginated in the wrong order). The report also included written statements from Mr White, Mr Lynch and Ms Soares.

Prior to the application to review the premises licence, the applicants had met with the licensee and officers from Environmental Health to resolve the noise issues. The resulting recommended action had, however, not been fully implemented, as noise from the premises continued to affect residential accommodation above the premises.

The applicants had proposed a number of remedial actions which they believed were appropriate and proportionate to promote the licensing objectives, which included the removal of the performance of dance, live music, recorded music and anything of a similar description from the ground floor; and a reduction in permitted hours for licensable activities and opening hours on Monday to Sunday to the Council’s core hours.

The application for review had been supported by the Environmental Health Service, who had recorded seven noise/nuisance related complaints against the premises over the last two years; and had served a Section 80 Abatement Notice on the premises on 30 September 2015.  The review had also been supported by the NHS, who had expressed concern over the health and wellbeing of the children who were being affected by the noise coming into their bedroom.

Representations had been made in support  ...  view the full minutes text for item 6.