Agenda and minutes

Fitzrovia Chapel, 2 Pearson Square, W1

16/05187/LIPN

1.

Plays, Films, Live Music, Recorded Music, Performance of Dance and Anything of a similar description to Live music, Recorded Music or Performance of Dance

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 O’Maoileoin, representing the Applicant.  He stated that Fitzrovia Chapel had been attached to Middlesex Hospital but the Hospital had moved and the building the Hospital had been located in had been demolished.  The Chapel building had not been used for many years.  Mr O’Maoileoin referred to the representations, commenting that he appreciated the concerns of those who used the Chapel for reflection.  However, their concerns were not relevant to the licensing objectives as accepted by Fitzrovia Neighbourhood Association. 

Mr O’Maoileoin explained that the Applicant did not want to undertake any activities which would reflect poorly on the former chapel.  Included within the report were the types of uses that might be considered to be appropriate and those that would not be considered to be appropriate.   Mr O’Maoileoin made the point that there would be no discos or nightclub activities. Uses would include daytime meetings, lunches and dinners, performances of the spoken word, chamber music, dance and musical recitals.  The proposed hours for licensable activities would be within the Council’s Core Hours policy except for a request for a 10:00 hours start on Sundays (same commencement time as the rest of the week) for most of the licensable activities as it was appropriate that the venue would be available for the community.  It was proposed that alcohol would not be sold before 12:00.

Mr O’Maoileoin informed the Sub-Committee that pre-application advice had been sought from Mr Nevitt on behalf of Environmental Health.  Conditions had since been agreed with Environmental Health.  His clients had carried out an extensive consultation with local residents and stakeholders, including ward councillors who it was felt were supportive.

In terms of the policy implications, Mr O’Maoileoin expressed the view that his clients had addressed any issues relating to the policies that were applicable to the Chapel being a combined use premises.  The policy on music and dancing was more relevant to a disco or nightclub premises.  Conditions such as no noise being permitted to emanate from the premises were likely to address any concerns in this area.  The premises would not be  ...  view the full minutes text for item 3.

Cote, Unit 7, 98 Westbourne Grove, W2

16/05066/LIPV

1.

To add the sale of alcohol for consumption off the premises

Amendments to application advised at hearing:

The Applicant had agreed a condition with the Police prior to the hearing that ‘there shall be no off sales of alcohol after 23:00 Monday to Saturday and 22:30 on Sundays’.  The Police had subsequently withdrawn their representation.  Following discussions with local residents, the terminal hour for off-sales on Bank Holidays would also be 22:30.

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

This was a variation application where the Applicants were seeking the ability to sell alcohol for consumption off the premises.  Ms Jung, representing the Applicant, confirmed that the concept was that off-sales in sealed bottles would be ancillary to a take away meal and they would only be ordered via the Deliveroo app or website.  The food and drink order supplied by Cote would be taken by a delivery person working on behalf of Deliveroo from the restaurant to customers’ addresses.  Off-sales would not be purchased by customers at the restaurant itself.

Ms Jung emphasised that Cote is a very successful, responsible business with over 90 premises across the country and the restaurant at Westbourne Grove was very popular.  Food would be delivered by Deliveroo from Cote whether the off-sales aspect of the application was granted or not.  She also made the point that most of Deliveroo’s delivery people made their journeys via bicycles as the delivery destinations were within a two mile radius of Cote restaurant.  The intention was to commence off-sales on 15 August if the application was granted.  Ms Jung referred to the off-sales comprising a limited range of wines and beers.  A bottle of wine would cost between £16 and £34 and beer would cost approximately £4 a bottle. 

Ms Jung informed Members that there was a limited time for Deliveroo to deliver to external customers and they would have to leave the premises as soon as the order was ready.  The alcohol would not be consumed on the streets.  She commented that there are currently four branches of Cote which provide off-sales and the alcohol was a small  ...  view the full minutes text for item 4.

Victoria News, 87 Victoria Street, SW1

16/04130/LIPN

1.

Late Night Refreshment (Indoors)

Amendments to application advised at hearing:

None.

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

The Sub-Committee initially heard from Professor Light, representing the Applicant.  He was asked whether he had any objection to Councillor Hyams sitting at the hearing as the Council’s Rules of Procedure states that Members will ‘not normally’ consider applications in their own ward.  There is nothing in law which prevents a ward councillor from considering an application in his or her own ward.  Professor Light replied that he had no objection to Councillor Hyams sitting.

Professor Light stated that the Applicant Company is Victorian News Ltd and his clients had purchased the shop which was being operated as a convenience store approximately six months ago.  The Applicants intended to refurbish the premises after the Sub-Committee took a decision on the current application.  Professor Light referred to the representations.  He did not believe that Environmental Health and Metropolitan Police had concerns regarding the proposed hours for off sales of alcohol.  He made the point that the local resident, Ms Freeman, who had objected to the application lived approximately a third of a mile away.  He expressed the view that Ms Freeman had been unclear about the application as she had included in her representation that ‘the sale of alcohol for consumption both on and off the premises is going to be carried out every day with Monday to Saturday operations stretching to 5.00am’.  Professor Light requested that little weight was given to Ms Freeman’s representation as the sale of alcohol would only be for consumption off the premises within the Council’s Core Hours policy.

Professor Light explained that in addition to no specific concerns being expressed by the Responsible Authorities regarding the proposed hours for off sales, there should not be significant concerns regarding his clients operating in the Victoria area where there was a known street drinking problem as the Applicants had experience of operating in challenging areas such as in Islington and no issues had arisen.  There were also a number of proposed conditions with the current application to prevent street drinking.  He added that street drinkers would not be served.  

The Sub-Committee asked the Applicants how they intended to prevent street drinkers accessing alcohol.  Mr Randhawa replied that he would be working closely  ...  view the full minutes text for item 5.

Blush, Basement, 37 Duke Street, W1

16/03487/LIPV

1.

Proposed variation to condition