Agenda and minutes

Licensing Sub-Committee (4) - Thursday 8th September, 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:

1.1       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:

2.1       There were no declarations of interest.

1.

Honest Burgers, 31 Paddington Street, W1 pdf icon PDF 11 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Marylebone High Street / not in cumulative impact area

Honest Burgers, 31 Paddington Street, W1

New

16/07420/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 8th September 2016

 

Membership:            Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Jan Prendergast.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:  Yiannis Chrysanthou

 

Relevant Representations: Environmental Health, Ms Cheryl Reid (Local Resident), Ms Clare Bebbington (Local Resident), Ms Evelyn Bruckner (Local Resident), Mr Paul De La Piqueire (Local Resident), Mrs Marian De La Piquerie (Local Resident), Mr Roger Page (Local Resident), Ms Jane Colebourn (Local Resident), Mr Richard Riordan (Local Resident) and Dr Rohit Madhav (Local Resident)

 

Present:  Ms Rachel Kapila (Counsel, Applicant Company), Ms Lisa Inzani (Solicitor, Applicant Company) Harald Samuelsson (Commercial Director, Applicant Company), Mr Jason Atherton (Property Director, Applicant Company), Mr Ian Watson (Environmental Health),

Ms Clare Bebbington (Local Resident) and Ms Bhavna Madhav (representing Dr Rohit Madhav, Local Resident).

 

 

Honest Burgers, 31 Paddington Street W1

16/07420/LIPN

 

1.

 

Sale by Retail of Alcohol – On and Off Sales

 

 

 

Monday to Saturday: 10:00 to 23:00

Sunday: 10:00 to 22:30

Sunday (before Bank Holidays): 10:00 to 23:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Ms Kapila (Counsel, Applicant Company) began by advising that the Applicant Company had agreed a condition with Environmental Health that no deliveries shall take place between 23:00 and 08:00. She referred to the fact that no other responsible authorities had made a representation and that the application proposed moderate hours for licensable activities and opening hours and which were well within core hours. Furthermore, the premises was not located in a cumulative impact area. Ms Kapila stated that the application was for a restaurant and she referred to the Council’s Statement of Licensing Policy that recognised that food-led establishments caused less concerns than drink-led establishments. The premises was small and would accommodate around 50 covers. The Sub-Committee heard that there was a restaurant next door to the premises and other premises nearby which had later hours than those proposed in this application. Ms Kapila stated that the premises would provide high quality food and all food and drinks, including alcohol would be provided to seated customers by waiter and waitress service only.

 

Ms Kapila informed Members that the Applicant Company operated 15 restaurants in London, with three located in Westminster, two of which were in cumulative impact areas. All of these restaurants operated to later hours than that proposed in this application and operated successfully, working with local residents to address any issues. Ms Kapila stated that the Applicant Company acknowledged that it had breached a condition of its planning permission in commencing refurbishments at an earlier hour than that permitted and had ceased undertaking refurbishments at this time as soon as it realised it had committed this breach. The refurbishment had cost £500,000 and this demonstrated the Applicant Company’s commitment to provide a high quality restaurant.

 

Referring to the residents’ representations, Ms Kapila asserted that some were not directly relevant to this application, such as concerns raised in respect of the outside tables  ...  view the full minutes text for item 1.

2.

Soor Restaurant, Ground Floor, 361 Harrow Road, W9 pdf icon PDF 3 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Harrow Road / not in cumulative impact area

Soor Restaurant, Ground Floor, 361 Harrow Road, W9

New

16/05751/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 8th September 2016

 

Membership:            Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Jan Prendergast.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:  Ola Owojori

 

Relevant Representations: Environmental Health, Metropolitan Police, Mr A Abdul (Local Resident), Mr Nikola Midic (Local Resident), Ms Spomenka Popovic (Local Resident), Mr Tibor Lazarcsik (Local Resident), Dr Simone Borsci (Local Resident) and Mrs Borsci (Local Resident).

 

Present:  Mr Sajad Al-Hairi (Agent representing Applicant Company), PC Bryan Lewis (Metropolitan Police) and Mr Anil Drayan (Environmental Health).

 

 

Soor Restaurant, Ground Floor, 361 Harrow Road W9

16/05751/LIPN

 

1.

 

Late Night Refreshment: Indoors

 

 

 

Monday to Saturday: 23:00 to 5:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Mr Al-Hairi (Agent representing Applicant Company) began by referring to concerns raised by residents about noise from extractor fans and cooking smells emanating from the premises. He expressed surprise that these issues had only been raised now, as the premises had operated as a restaurant for some time. Mr Al-Hairi stated that a petition had been raised in support of the application for later hours. He stated that the area had suffered from anti-social behaviour for a number of years and the situation had not improved. Rough sleeping and gambling occurred at the junction where the Prince of Wales Public House was located. Anti-social behaviour also occurred during Notting Hill Carnival, including at this year’s event. Mr Al-Hairi stated that as the application was to provide late night refreshments only and not alcohol, that it would actually help improve the area.

 

 

The Chairman asked how many staff would work on the premises and what training had they received to tackle anti-social or drunken behaviour from customers. He also enquired what hours the Applicant Company intended to provide takeaway.

 

In reply, Mr Al-Hairi stated that customers who had been drinking at other locations would be encouraged to eat food and non-alcoholic drinks which would help them sober up. The premises could also assist homeless people in the area by allowing them to stay under its canopy. There would be four to five staff on the premises, including a sous chef and three waiters, although not all staff would be fulltime. Mr Al-Hairi informed Members that all staff underwent an induction when they joined. He confirmed that no takeaway would be provided after 23:00. Mr Anil-Hairi then stated that he would like to amend the application for late night refreshment to cease at 03:00m Monday to Saturday. At this point, Mr Owojori (Presenting Officer) confirmed that he had not received a request from the Applicant Company to amend the terminal hour for late night refreshment to 03:00 Monday to Saturday.

 

Mr Drayan (Environmental Health) confirmed that he had visited the premises and had suggested some conditions to the Applicant Company. He added that he had no objection to the application in principle.

 

PC Lewis (Metropolitan Police) confirmed  ...  view the full minutes text for item 2.

3.

Vegan Hippo, 52 Rupert Street, W1 pdf icon PDF 4 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End / West End Cumulative Impact Area

Vegan Hippo, 52 Rupert Street, W1

New

16/07079/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 8th September 2016

 

Membership:            Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Jan Prendergast.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:  Heidi Lawrance

 

Relevant Representations: Environmental Health, Metropolitan Police, Licensing Authority and Mr Colin Vaines (Local Resident).

 

Present:  Mr Alun Thomas (Solicitor for Applicant Company), Ms Malgorzata Piskulak (Designated Premises Supervisor, Applicant Company), Mr Anil Drayan (Environmental Health), PC Bryan Lewis (Metropolitan Police) and Mr Steven Rowe (Licensing Authority).

 

 

Vegan Hippo, 52 Rupert Street W1

16/07079/LIPN

 

1.

 

Sale by Retail of Alcohol: On and Off Sales

 

 

 

Sunday to Thursday: 10:00 to 21:30

Friday and Saturday: 10:00 to 23:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

At the request of Mr Vaines (Local Resident) who was not present at the hearing, Ms Lawrance (Presenting Officer) read out his email requesting that all alcohol be served with food and that all on sales consumption of it be inside the premises only and that the premises closes by 22:00.

 

Mr Alun Thomas (Solicitor for Applicant Company) began by stating that the Applicant Company had purposefully made an application that was well within core hours and that the premises was not a late night operator. He advised that a number of conditions that Environmental Health and the Police had proposed had been agreed by the Applicant Company. However, there were some conditions that he felt were appropriate to amend or not include. Whilst Environmental Health and the Police had proposed the restaurant model condition, Mr Thomas suggested that this be amended to delete both paragraph (i), as a counter service operated at the premises, and paragraph (iv), as some customers were served takeaway food or drink for immediate consumption. In respect of the proposed condition concerning supply of alcohol for consumption off the premises, Mr Thomas requested that the section stating that it be only be to patrons seated and ancillary to a substantial table meal in an area immediately outside the premises appropriately permitted for the use of tables and chairs (hereafter referred to as ‘condition 2b’) be deleted, as this area was part of the premises and included in the application. He also requested that the condition stating that the premises shall ensure that any patrons drinking and /or smoking outside the premises do so in an orderly manner and supervised by staff to ensure there is no public nuisance or obstruction of the public highway (thereafter referred to as ‘condition 4’) be deleted as he felt this was not necessary.

 

Mr Panto (Legal Adviser to the Sub-Committee) sought clarification that the external tables and chairs were a private forecourt and part of the premises. In reply, Mr Thomas stated that as far as he understood, this was the case and he then displayed the freehold title which appeared to confirm this. Mr Drayan (Environmental Health) added that having walked past the premises, the area concerned did appear to be a  ...  view the full minutes text for item 3.

4.

Temper, Trenchard House, 19-25 Broadwick Street, W1 pdf icon PDF 892 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End / West End Cumulative Impact Area

Temper, Trenchard House, 19-25 Broadwick Street, W1

Variation

16/07539/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 8th September 2016

 

Membership:            Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Jan Prendergast.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

 

Temper, Trenchard House, 19-25 Broadwick Street W1

16/07539/LIPV

 

 

Application granted under delegated authority.