Agenda and draft minutes

Licensing Sub-Committee (4) - Thursday 31st March, 2016 10.00 am

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:

There were no declarations of interest.

3.

Mnky Hse, 8-9 Dover Street, W1 pdf icon PDF 16 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / not in cumulative impact area 

MnkyHse, 8-9 Dover Street, W1

New

16/00517/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 31st March 2016

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Nick Nelson

 

Relevant Representations:         1 local resident.

 

Present:  Ms Lana Tricker (Solicitor, representing the Applicant), Mr Eamonn Mulholland (Applicant Company), Mr James Rankin (Barrister, representing the local resident) and Mr David Green (local resident)

 

Mnky Hse, 8-9 Dover Street, W1

16/00517/LIPN

 

1.

Live Music  (Indoors)

 

 

Monday to Saturday 09:00 to 03:30

Sunday 09:00 to 00:00.

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The hours sought for live music were granted, subject to conditions as set out below.

 

The Sub-Committee initially heard from Ms Tricker, representing the Applicant.  She stated that the application was for a new premises licence.  However, Mnky House is located outside the West End Stress Area and there was an existing licence for a wine bar at the premises.  The premises licence, which was held by the Applicant, largely mirrored the operating hours currently being applied for.  This would be surrendered should the application be granted.  Ms Tricker described the premises as a ‘destination dining venue’ with a musical atmosphere.  It had recently been renovated.  There was a pricing structure of approximately £80 to £100 per head.  There would be approximately 90 staff in total.  Ms Tricker referred to the one objection received from a local resident, Mr Green who owns flats to the rear of the premises in Albermarle Street.

 

Ms Tricker explained that the licensed area was not being increased as a result of the application.  The basement area was part of the licensed area which Mr Green had requested in his written representation should not be included due to concerns regarding noise outbreak.  It was proposed that there were two bars, one on the ground floor and one in the basement rather than the three which had existed in the wine bar.  There would be more seating than before.  Ms Tricker made the point that the specific difference between the hours on the wine bar licence and those being applied for was that the Applicant was requesting that the sale of alcohol would commence at 10:00 hours on Sunday rather than midday on the existing licence.  This was in order that a brunch option could be made available to customers.  She added that she did not believe that this option would lead to anti-social behaviour.

 

The Sub-Committee asked Ms Tricker whether she was of the view that there were any differences regarding the proposed terminal hours in the evening between the old wine bar premises licence and current application.  She commented that she did not believe that there was.  Mr Wroe raised the point that whilst the terminal hour on the face of the wine bar licence on Sundays appeared to mirror those of the current application, he was of the view that the hours on the face of  ...  view the full minutes text for item 3.

4.

Cafe Royal Hotel, 8 Air Street, W1 pdf icon PDF 3 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area 

Café Royal Hotel, 8 Air Street, W1

Variation

16/01324/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 31st March 2016

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Nick Nelson

 

Relevant Representations:         Environmental Health, Metropolitan Police and the Soho Society.

 

Present:  Mr Alun Thomas (Solicitor, representing the Applicant), Mr Anil Drayan (Environmental Health) and PC Bryan Lewis (Metropolitan Police)

 

Café Royal Hotel, 8 Air Street, W1

16/01324/LIPV

 

1.

To vary the existing premises licence so as to remove and amend the following conditions in relation to the second floor Pompadour Suite:

 

Remove

 

·           Condition 42 – There shall be no loudspeakers provided to the External Balcony area.

·           Condition 43 – All doors to the external balcony area shall be kept closed after 24:00 hours except for immediate access and egress.

 

Amend

 

From

 

Condition 44 – No drinks shall be permitted in the external balcony area after 24:00 hours.

 

To

 

No drinks shall be permitted in the external balcony area after 03:00 hours.

 

 

 

Amendments to application advised at hearing:

 

 

Mr Thomas, representing the Applicant, informed the Sub-Committee that in respect of condition 43 on the existing licence, an alternative had been proposed by the Council’s Environmental Health Department (“Environmental Health”) that ‘where there is regulated entertainment in the Pompadour Suite, all doors to the external balcony shall be kept closed after midnight except for immediate access and egress’.  This had been agreed by the Applicant.

 

 

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

 

 

The Sub-Committee noted that licensable activities had first been permitted at Café Royal Hotel, Air Street in September 2012.  Mr Thomas referred to conditions being attached to the premises licence at that time which limited the use of the external balcony area.  Conditions had been discussed between the Applicant and Environmental Health prior to the September 2012 hearing and subsequently attached to the licence which prevented regulated entertainment and loudspeakers in the external balcony area.  They also required the doors to this area to be kept closed after 11pm.  The Sub-Committee considered it appropriate and reasonable at that time to attach the condition to the licence on the basis that the consumption of alcohol would not be permitted in the external balcony area after midnight.

 

Mr Thomas stated that the Hotel had operated six Temporary Event Notices with use of the external balcony area to 03:00 hours.  These events had all taken place without any issues being raised and his clients were now seeking to regularise the position.  Typical pre-booked events that the Applicant wished to hold in the Pompadour Suite and allow customers who were not residents of the Hotel to use the terrace where functions such as weddings and birthday parties are held. 

 

Mr Thomas addressed the Sub-Committee specifically on the three conditions which the Applicant had proposed to remove or amend.  He commented that Environmental Health was not believed to be objecting to the proposed removal of condition 42 on the existing premises licence.  In response to  ...  view the full minutes text for item 4.