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. |
Duck & Rice, 90-91 Berwick Street, W1 PDF 4 MB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
West End Ward / West
End Cumulative Impact Area
|
Duck & Rice, 90-91
Berwick Street, W1
|
Variation of a
premises licence
|
17/03126/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday
25th May 2017
Membership:
Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast
and Councillor Aziz Toki
Legal /
Policy Adviser: Barry Panto
Committee Officer:
Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: In support
– 8 representations.
Objections – Environmental Health, Metropolitan Police,
Licensing Authority, 1 Amenity Society
Present: Mr Gary Grant (Counsel,
representing the Applicant), Mr Kevin McAnulty (Applicant Company),
Mr Andrew Wong (Solicitor on behalf of the Applicant), Ms Shirley
Sprosta (local resident), Mr Ian Watson (Environmental Health), PC
Sandy Russell (Metropolitan Police), Mr Steve Rowe (Licensing
Authority) and Mr Richard Brown (Solicitor, Citizens Advice Bureau
Licensing Advice Project, representing the Soho
Society).
Duck &
Rice, 90-91 Berwick Street, W1
17/03126/LIPV
(Variation to premises licence 15/05416/LIPDPS)
|
1.
|
Conditions being varied, added or removed
|
|
Current Condition
|
Proposed condition
|
Condition 23:
There shall be no
sales of alcohol for consumption off the premises after 21:00
hours.
|
Amend
Condition 23 to read:
There shall be no sales of alcohol for consumption off the
premises after 22:00 hours.
|
Condition 24:
After 18:00 hours, patrons permitted to temporarily leave and
then re-enter the
premises, e.g.
to smoke, shall not be permitted to take drinks or glass containers
with them (except to persons dining outside).
|
Amend
Condition 24 to read:
After 22:00 hours, patrons
permitted to temporarily leave and then re-enter the premises, e.g.
to smoke, shall not be permitted to take drinks or glass containers
with them.
|
Condition 27:
All outside tables and chairs
shall be rendered unusable by 21.00 each day.
|
Amend Condition 27 to read:
All
outside tables and chairs shall be gradually rendered unusable by
22:00 each day.
|
Condition 28:
All outside areas shall cease
to be used after 21:00 hours except by patrons permitted to
temporarily leave and then re-enter the premises e.g. to
smoke.
|
Amend
Condition 28 to read:
All
outside areas shall cease to be used after 22:00 hours except by
patrons permitted to temporarily leave and then re-enter the
premises e.g. to smoke.
|
Condition
25
After 18:00 hours, the supply
of alcohol at any outside seating area shall only be to patrons
seated at tables and shall cease to be used after 21:00 hours
except by patrons permitted to temporarily leave and then re-enter
the premises e.g. to smoke.
|
Condition
25 - Proposed to be removed
|
Condition
26
After 18:00 hours, the sale and supply of alcohol at any outside
seating area shall by waiter or waitress service only to a person
seated taking a substantial table meal there and for consumption by
such a person as ancillary to their meal.
|
Condition
26 - Proposed to be removed
|
|
- To
add the following additional conditions on the licence:
1)
The premises shall operate in accordance with an Outside Area
Management Plan. The Outside Area Management Plan shall be reviewed
regularly and at
least once every quarter and a copy shall be made available
for inspection by any responsible authority within a reasonable
time of request.
2) The variation of this premises
...
view the full minutes text for item 3.
|
|
|
4. |
39 Craven Road, W2 PDF 551 KB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
Lancaster Gate Ward /
not in cumulative impact area
|
39 Craven Road,
W2
|
New premises
licence
|
17/02016/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday
25th May 2017
Membership:
Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast
and Councillor Aziz Toki
Legal /
Policy Adviser:
Barry Panto
Committee Officer:
Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental
Health, Metropolitan Police, 1 Amenity Society, local residents x
4
Present: Mr Xavier Laurent (Business
Director, Applicant Company), Mr Dave Nevitt (Environmental
Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau
Licensing Advice Project, representing Mr John Zamit) and Mr John
Zamit, Chairman, South East Bayswater Residents’
Association).
39 Craven
Road, W2
17/02016/LIPN
|
1.
|
Sale
by retail of alcohol (on) – inside the premises
|
|
Monday to Saturday 10:00 to 23:00
Sunday 10:00 to 22:30
|
|
Amendments to application
advised at hearing:
|
|
The Sub-Committee was informed
during the hearing that Mr Laurent had amended the commencement
hour for on sales on a Sunday to midday, which is in keeping with
the Council’s Core Hours policy.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
heard from Mr Laurent, Business Director of the Applicant
Company. He confirmed the establishment
is a delicatessen. He wished to be able
to provide on sales including wine, which would be ancillary to
food, to customers in a room in the back of the shop and also on
the terrace. There would be six tables
in the back of the premises and also two tables with eight chairs
outside.
Mr Nevitt, on behalf
of Environmental Health, stated that it is a small A1 style shop at
39 Craven Road with a traditional delicatessen layout. He referred to the Applicant having agreed
Environmental Health’s proposed conditions, many of which
were model conditions and the proposed hours were largely in
keeping with the Council’s Core Hours policy. A key condition agreed by the Applicant, Mr Nevitt
believed, was that ‘the supply of alcohol at the premises
shall only be to a person seated taking a table meal there and for
consumption by such a person as ancillary to their
meal’. This would mean that the
premises would operate more as a sit down restaurant and not as a
drinking establishment. It was also
proposed that there would be waiter or waitress
service. Mr Nevitt added that he had
agreed a terminal hour for the outside area with the Applicant of
20:00 and that there would be a maximum capacity of twenty
customers for the entire premises, including the external seating
area). He
expressed the view that these conditions and the others agreed with
the Applicant were acceptable given that the operation would be
more akin to a restaurant.
The Sub-Committee was
addressed by Mr Brown, representing Mr Zamit. He informed Members that many of Mr Zamit’s
concerns were allayed as a result of the proposed
conditions. Mr Brown advised that Mr
Laurent was amenable to amending the proposed deliveries condition
so that they would only take place between 08:00 and 20:00 as he
would not be having deliveries later in the evening. Mr Zamit commented that he welcomed
... view
the full minutes text for item 4.
|
|
5. |
21 Charing Cross Road, WC2 PDF 2 MB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
St James’s Ward
/ West End Cumulative Impact Area
|
21 Charing Cross Road,
WC2
|
New premises
licence
|
17/03024/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday
25th May 2017
Membership:
Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast
and Councillor Aziz Toki
Legal /
Policy Adviser:
Barry Panto
Committee Officer:
Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental
Health, Metropolitan Police, Licensing Authority, 1 Amenity
Society, local residents x 2
Present: Mr Yinka Richer (Director, Candide Design), Mr Ian Watson (Environmental
Health), PC Toby Janes (Metropolitan
Police), Mr Steve Rowe (Licensing Authority), Mr Richard Brown
(Solicitor, Citizens Advice Bureau Licensing Advice Project,
representing Mr Didier Tickell) and Mr
Didier Tickell (local
resident).
21 Charing
Cross Road, WC2
17/03024/LIPN
|
1.
|
Late
Night Refreshment (Indoors & Outdoors)
|
|
Friday to Sunday 23:00 to 04:00
|
|
Amendments to application
advised at hearing:
|
|
The Sub-Committee was informed
at the hearing that the Applicant did not seek to provide late
night refreshment to customers inside the premises after 23:00 but
were seeking to
open a hatch window where kebab and grill food would be sold as a
takeaway to customers.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
initially heard from Mr Richer. He
stated that the Applicant was seeking to provide late night
refreshment from 23:00 to 04:00 every night of the
week. Mr Panto, Legal Adviser, made the
point that the Applicant had only applied for late night
refreshment Friday to Sunday from 23:00 to 04:00 and that he was
therefore advising the Sub-Committee that these were the only days
that Members should take into account when considering the
application.
The Sub-Committee
asked Mr Richer whether he was aware that it is the Council’s
policy to refuse applications for premises supplying fast food in
the Cumulative Impact Areas, other than applications to vary hours
within the Core Hours. Applicants were
required to give reasons as to why the application should be a
genuine exception to policy. Mr Richer
responded that a previous licence had lapsed at the premises (in
September 2016) and it would be a continuation of the use of the
premises. There would be no alcohol
served at the shop. Mr Richer informed
the Sub-Committee that that the Applicant did not seek to provide
late night refreshment to customers inside the premises after 23:00
but were seeking to open a hatch window where kebab and grill food would be
sold as a takeaway to customers. It was intended to have a SIA licensed door
supervisor on duty at the premises from 23:00 to 04:00 Friday to
Sunday.
The Sub-Committee
heard from PC Janes, on behalf of
Metropolitan Police. He stated that the
Police had maintained their objection as 21 Charing Cross Road is
in the heart of the West End Cumulative Impact Area
‘(CIA)’. It is also a
particularly busy street. PC
Janes referred to the proposed hours
being significantly beyond the Council’s Core Hours
policy. The Police were concerned that
after 23:00 customers would remain in the CIA to consume their food
and not disperse. The Police had found
that fast food premises which ...
view the full minutes text for item 5.
|
|
6. |
29 Shepherd Market, W1 PDF 940 KB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
West End Ward / not in
cumulative impact area
|
29 Shepherd Market,
W1
|
New premises
licence
|
17/02442/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday
25th May 2017
Membership:
Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast
and Councillor Aziz Toki
Legal /
Policy Adviser: Barry Panto
Committee Officer:
Jonathan Deacon
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental
Health, 1 Residents’ Association and 1 local
resident.
Present: Mr Alun Thomas (Solicitor,
representing Orbiton
Estates).
29
Shepherd Market, W1
17/02442/LIPN
|
The application was adjourned
at the request of the Applicant as he was unwell and not in
attendance at the meeting.
Mr Thomas, representing
Orbiton Estates, made the point during
consideration of the adjournment by the Sub-Committee that the
Applicant had included in the text within Box M of the application
form that only core hours were being applied for. These contrasted with the later hours that were
set out in the other boxes on the application form [setting out the
proposed hours for Late Night Refreshment (box I) and the supply of
alcohol (box J)]. Mr Panto, Legal
Adviser, agreed with those comments and stated that it was also the
case that the Applicant had referred in Box M to there being no
off-sales (no takeaway of alcohol) and yet Box J had referred to
the requirement for on and off sales.
Mr Panto added that he was advising that the contents of Box M of
the application form would be relevant to the decision making for
Members of a future Licensing Sub-Committee when the application
came before them.
|
|