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Agenda and draft minutes

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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.

The Quaich Whisky Shop, 34 Lexington Street, W1 pdf icon PDF 849 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact Area

The Quaich Whisky Shop, 34 Lexington Street, W1

New Premises Licence

17/00898/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20th April 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         1 ward councillor.

 

Present:  Ms Lana Tricker (Solicitor, representing the Applicant) and Mr Andrew Torrence (Managing Director, Applicant Company)

 

The Quaich Whisky Shop, 34 Lexington Street, W1 (“The Premises”)

17/00898/LIPN

 

1.

Exhibition of Films (Indoors)

 

 

Monday to Saturday:                            08:00 to 22:00

Sunday:                                                 09:00 to 21:00

 

 

Amendments to application advised at hearing:

 

 

Prior to the hearing, the Applicant reduced the proposed hours for licensable activities in respect of the application from 08:00 to 22:00 Monday to Saturday to 10:00 to 20:00.  On Sundays the proposed hours for licensable activities were reduced from 09:00 to 21:00 to 12:00 to 06:00. 

 

 

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

 

 

Ms Wade confirmed at the beginning of the hearing that the concerns of local residents, Metropolitan Police, the Council’s Environmental Health department and the Licensing Authority had been addressed and they had withdrawn their representations. There were a number of proposed conditions which had been agreed between the parties and the Applicant had reduced the proposed hours for licensable activities.  The one remaining representation was from Councillor Roberts, West End Ward Member, who was not in attendance at the hearing.

 

Ms Tricker explained that the Premises would be a retail store on the ground floor only.  There would be a single entrance/exit and a capacity of 40 people. Mr Torrence advised that the intention was to provide a high end Quaich retail store which would be a global showcase for the whisky industry and bring the great whisky collectors to London.  It was submitted that most of the stores which provided a similar level of excellence in whisky were overseas.  The Applicant would be listing whiskies ranging from £30 a bottle to £200k a bottle.

 

Ms Tricker and Mr Torrence confirmed in response to questions from the Sub-Committee that on-sales were required only so that small samples of whisky could be provided at ticketed or pre-booked events for the purposes of “tasting”.  The whisky industry would provide a master distiller or distillery manager at the event and he would produce the small samples for those who attended the events.  Discerning buyers would ultimately spend in the region of £1k to £2k a bottle. 

 

The Sub-Committee considered that the proposed conditions and the manner in which the Premises would be operated would result in the licensing objectives being promoted.  The Sub-Committee was also satisfied that taking into account the amended hours of operation the application would not add to cumulative impact in the West End Cumulative Impact Area.  The amended application was therefore granted.      

 

2.

Sale by Retail of Alcohol (On and Off)

 

 

Monday to Saturday:                            08:00 to 22:00

Sunday:                                                 09:00 to 21:00

 

 

Amendments to application advised at hearing:

 

 

Prior to the hearing, the Applicant reduced the proposed hours for licensable activities in respect  ...  view the full minutes text for item 3.

4.

Caravan, Yalding House, 152-156 Great Portland Street, W1 pdf icon PDF 483 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Marylebone High Street Ward / not in cumulative impact area

Caravan, Yalding House, 152-156 Great Portland Street, W1

New Premises Licence

17/01171/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20th April 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health and 1 local resident.

 

Present:  Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Miles Kirby, Mr Toby Kidman and Ms Renee Williams (Applicant Company), Mr Maxwell Koduah (Environmental Health), Mr Alan Lynagh (Senior Licensing Surveyor), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Linus Rees, Fitzrovia Neighbourhood Association) and Mr Linus Rees (Fitzrovia Neighbourhood Association)

 

Caravan, Yalding House, 152-156 Great Portland Street, W1 (“The Premises”)

17/01171/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Thursday:                            23:00 to 23:30

Friday to Saturday:                               23:00 to 00:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee asked Mr Spiegler, the Applicant’s Representative, when he addressed Members to focus in particular on the areas of contention between the parties.  These included off-sales, the bar area and deliveries.

 

Mr Spiegler asked Mr Kirby to briefly describe the concept behind Caravan Premises.  Mr Kirby informed the Sub-Committee  that the first Caravan Premises had been opened seven years ago.  The Caravan Premises in Great Portland Street would provide all day dining.  It would operate as a restaurant, a coffee shop and bar.  There would be some takeaway aspect during the day, including coffee.

 

Mr Spiegler explained that an amended condition was being offered, following concerns expressed by Mr Rees so that the Premises would operate as a restaurant except for the bar area.  He believed that the bar was relatively small when taking into account the ground floor and basement space.  The Applicant was seeking some flexibility for up to 30 customers to have a drink without a meal.  The majority would be sitting down but the Applicant was keen that some would be allowed to stand.  Mr Spiegler also drew the Sub-Committee’s  attention to the fact that the bar was away from the frontage of the Premises.  He expressed the view that the application should be considered under policy RNT1 in the Council’s Statement of Licensing Policy as it was for a restaurant outside the West End Cumulative Impact Area.  He added that  even  if the Sub-Committee was persuaded that policy PB1 applied, it would be possible to grant the application given the conditions relating to the bar.

 

Mr Spiegler referred to other conditions which had been offered in an e-mail to Mr Rees.  In particular there was a proposed condition that patrons permitted to temporarily leave and then re-enter the premises e.g. to smoke, shall be limited to 10 persons at any one time.  Mr Spiegler requested that another condition offered that there shall be no take away service of food or drink for immediate consumption would not be imposed as he was of the view that Mr Rees had indicated that this was not a major  ...  view the full minutes text for item 4.

5.

Warner Stand, Lords Cricket Ground, St John's Wood Road, NW8 pdf icon PDF 16 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Regent’s Park Ward / not in cumulative impact area

Warner Stand, Lords Cricket Ground, St John's Wood Road, NW8

New Premises Licence

17/01651/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20th April 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Environmental Health and 1 local resident.

 

Present:  Ms Sue Dowling (Solicitor, representing the Applicant), Mr Ian Watson (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Sachin Khajuria, local resident) and Mr Sachin Khajuria (local resident)

 

Warner Stand, Lords Cricket Ground, St John’s Wood Road, NW8

17/01651/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Sunday:                              23:00 to 23:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

This was an application for a new premises licence for licensable activities at a new Warner Stand which will replace the recently demolished Warner Stand.  Ms Dowling, representing the Applicant, stated at the hearing that the new stand would be built to state of the art specifications, including additional soundproofing and reduced seating, in order to provide excellent facilities for cricket matches.

 

Ms Dowling was asked by the Sub-Committee about the changes to the licensable activities and also the proposed hours for the licensable activities at the new Warner Stand compared with the old one.  She replied that the Applicant was no longer seeking recorded music which was previously unrestricted.  There was no change to what was sought in terms of the hours for late night refreshment (indoors).  It was proposed that it would be available inside Pelham’s Restaurant and the bars within the premises including on a non-match day.  In the half an hour prior to closure at 23:30 it was feasible that a member or a guest would wish to order hot food / hot drink for consumption within the premises.  

 

Ms Dowling explained that the provision of films / film exhibition was sought with the primary use being to show some recorded material on cricket match days, including when there was no play taking place.  The provision of films was indoors in the Pelham Restaurant and the bars, including on non-match days and would not cause a public nuisance.

 

In terms of the hours for licensable activities, Ms Dowling made the point that the terminal hours were largely in keeping with the Council’s Core Hours policy and there was not a significant extension of the hours for the new Warner Stand in comparison to the old one.  In the Pelham Restaurant on major match days only, the Applicant was seeking to open at 09:00 in case a member wished to have a drink, such as a glass of champagne, with breakfast.  The opening hours, commencing at 08:00 related to the whole Lords sports ground and not just the new Warner Stand.  Ms Dowling added that advice from the Police had been that it was safer for the public to have access to the ground rather than waiting outside on pavements.

 

Ms Dowling expressed the view that the  ...  view the full minutes text for item 5.

6.

Gourmet Kitchen, 34 Lisle Street, WC2 pdf icon PDF 454 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

St James’s Ward / West End Cumulative Impact Area

Gourmet Kitchen, 34 Lisle Street, WC2

New Premises Licence

17/01541/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 20th April 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Yolanda Wade

 

Relevant Representations:         Licensing Authority.

 

Present:  Mr Jack Spiegler (Solicitor, representing the Applicant), Mr Leslie Ng (Applicant) and Mr Steve Rowe (Licensing Authority).

 

Gourmet Kitchen, 34 Lisle Street, WC2

17/01541/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Thursday:                            23:00 to 23:30

Friday to Saturday:                               23:00 to 00:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

This was an application for a new premises licence.  Late night refreshment (indoors) and on and off sales of alcohol were sought to Core Hours (Monday to Thursday until 23:30, Friday and Saturday until midnight and 22:30 on Sunday for the sale of alcohol).  An additional half an hour was sought every night of the week in terms of the opening hours.  The Applicant had agreed conditions proposed by the Environmental Health and Metropolitan Police and they had withdrawn their representations.  These included the Council’s model restaurant condition, MC66 and also a capacity of 40 for the premises. 

 

Mr Spiegler, representing the Applicant, drew Members’ attention to the fact that not only had his client agreed MC66 but that there had been an established restaurant at 34 Lisle Street since approximately 2009 which had latterly been trading unlicensed.   Having an established restaurant at the premises was a key factor as to why the premises would not add to cumulative impact in the West End Cumulative Impact Area.  Mr Spiegler referred to paragraph 2.4.8 of the City Council’s Statement of Licensing Policy (“SLP”) in terms of applications potentially being granted when licences have lapsed.  In this case the premises licence had been surrendered.  Mr Rowe, representing the Licensing Authority clarified that the premises licence had been surrendered on 13 April 2015.

 

The Sub-Committee expressed concerns to the Applicant regarding a bona fide restaurant providing off-sales in what is a residential area.  Mr Spiegler offered on behalf of his client to withdraw the off-sales.

 

Mr Rowe confirmed that the Licensing Authority had maintained their representation in order that the Sub-Committee was given the opportunity to consider whether the application would add to cumulative impact.

 

The Sub-Committee explored with Mr Wroe how much time was able to elapse before a surrendered or lapsed premises licence was no longer relevant as set out in paragraph 2.4.8 of the SLP  Mr Wroe stated that the Statement did not set out a definitive answer on this point but that the Sub-Committee could be expected to give more weight to granting an application on the basis that a premises licence had recently been in operation at the premises than if it was a longer period of time such as a few years.  Mr Wroe advised the Sub-Committee that it had been envisaged when the policy was being written that in order for a lapsed licence  ...  view the full minutes text for item 6.