Agenda and draft minutes

Licensing Sub-Committee (4) - Thursday 25th May, 2017 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.

Duck & Rice, 90-91 Berwick Street, W1 pdf icon 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 icon 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 icon PDF 930 KB

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 icon 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.