Agenda for Licensing Sub-Committee (4) on Thursday 27th July, 2017, 10.00 am | Westminster City Council
Agenda and minutes

Agenda for Licensing Sub-Committee (4) on Thursday 27th July, 2017, 10.00 am

Agenda and minutes

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR. 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.

29 Shepherd Market, W1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward /

not in cumulative impact area

29 Shepherd Market, W1

New Premises Licence

17/02442/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27th July 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health, 1 x Managing Agents on behalf of residents and 1 local resident.

 

Present:  Mr Joseph Grisy (Operations Manager, Applicant Company), Mr Dave Nevitt (Environmental Health) and Mr Alun Thomas (Solicitor, representing Orbiton Estates, Managing Agents for residents at Carrington House).

 

29 Shepherd Market, W1

17/02442/LIPN

 

1.

Late Night Refreshment (Indoors and Outdoors)

 

 

Monday to Saturday:                            23:00 to 00:00

 

 

Amendments to application advised at hearing:

 

 

Mr Grisy confirmed that the application was being amended so that licensable activities would conclude at 22:30 Monday to Saturday and 22:00 on Sunday. That effectively meant that the application for late night refreshment no longer had to be determined.

 

 

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

 

 

The Sub-Committee was not required to consider this aspect of the application. 

 

2.

Sale by retail of alcohol (On and Off)

 

 

Monday to Saturday:                                          10:00 to 00:00

Sunday:                                                              10:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

Mr Grisy confirmed that the application was being amended so that licensable activities would conclude at 22:30 Monday to Saturday and 22:00 on Sunday.  He also advised that the Applicant was not seeking off sales.

 

 

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

 

 

The Sub-Committee was initially required to decide whether there should be a further adjournment of the hearing for the application.  The director of the company, Mr Shervin Sepanje, had requested an adjournment of the application when it had previously been scheduled on 25 May 2017 due to illness.  The Sub-Committee had then adjourned the application.

 

The Sub-Committee was informed immediately prior to the hearing on 27 July 2017 that Mr Sepanje was continuing to suffer from hypertension and that he was requesting a further adjournment.  The Licensing Service had attempted to contact Mr Sepanje for some time prior to the 27 July hearing but only received communications from Mr Grisy, Operations Manager at the Applicant Company, shortly before it was due to take place.

 

Following the request for a further adjournment, the Licensing Service had contacted the parties to the hearing in order to see whether they were content for the application to be adjourned.  Mr Thomas, representing Orbiton Estates who are the managing agents for residents at Carrington House, requested that the matter was discussed at the hearing itself as he had not seen any evidence to confirm the medical prognosis for Mr Sepanje.

 

The hearing on 27 July 2017 was attended by Mr Grisy.  He continued to request an adjournment as Mr Sepanje had not been able to attend.  Mr Thomas indicated that he was now satisfied with the explanation given regarding the medical prognosis and was not insisting that the hearing proceeded in the absence of Mr Sepanje. However, the Sub-Committee was able to  ...  view the full minutes text for item 3.

4.

The Spice of Life, 37-39 Romilly Street, W1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward /

West End Cumulative Impact Area

The Spice of Life, 37-39 Romilly Street, W1

Variation

17/05592/LIPV

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27th July 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

The Spice of Life, 37-39 Romilly Street, W1

17/05592/LIPV

 

 

Application adjourned to a future Licensing Sub-Committee meeting at the Applicant’s request. 

 

 

5.

Freggo, 27-29 Swallow Street, W1

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward /

West End Cumulative Impact Area

Freggo,

27-29 Swallow Street, W1

New Premises Licence

17/05986/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27th July 2017

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Julia Alexander and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Licensing Authority.

 

Present:  Mr Gary Grant (Counsel, representing the Applicant), Mr Andrew Wong (Solicitor, on behalf of the Applicant), Mr Steve Kirby (Operations Director, Applicant Company) and Mr David Sycamore (Licensing Authority).

 

Freggo, 27-29 Swallow Street, W1

17/05986/LIPN

 

1.

Recorded Music (Indoors)

 

 

Monday to Thursday:                            08:00 to 23:30

Friday to Saturday:                               08:00 to 00:00

Sunday:                                                 10:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr Grant, representing the Applicant.  He informed the Sub-Committee that Gaucho at 25 Swallow Street had taken over Freggo at 27-29 Swallow Street.  The Applicant wished to sell ‘small bites’ such as empanadas (a baked stuffed bread or pastry originating from Latin countries such as Argentina where Gaucho’s cuisine is from) which would be available either inside the premises or as a takeaway.  There would be a capacity internally and externally of approximately 40 people.   The Applicant also wished to provide wines or craft beers.

 

Mr Grant put forward the case that the premises would not add to cumulative impact because Freggo had already been operating and it was not bringing more people in.  Freggo was an ice cream parlour without any regulations or restrictions on its opening or closing hours.  In the event the Applicant was granted a licence, the Sub-Committee would be able to restrict these hours.

 

Mr Grant advised that his client was amending the application so that the terminal hours for licensable activities, including off sales and also when the premises would close to the public would be in keeping with the Council’s Core Hours policy.  The Applicant wished to retain the same commencement hours for licensable activities and for when the premises would be open to the public in order to be able to provide breakfasts or teas and coffees.  He added that the Applicant did want to have the ability to sell a bottle of wine as an off sale.  Gaucho next door was permitted to provide off sales.

 

The Applicant had proposed an amended form of the Council’s model condition 66 which had been discussed with Environmental Health and the Police who had subsequently withdrawn their representations.  The premises would operate as a restaurant, shop and delicatessen.  MC66 would be retained except that there was the amendment that the deli would not provide any take away service of deep fried food or drink for immediate consumption.  Mr Grant explained that this was to prevent Freggo being a fast food premises.  He clarified to the Sub-Committee that the empanadas were baked and not deep fried.  He also confirmed that in keeping with the amended MC66 the premises would not be a bar and there would be no vertical drinking.

 

The Sub-Committee sought reassurance  ...  view the full minutes text for item 5.