Agenda for Licensing Sub-Committee (4) on Thursday 14th September, 2017, 10.00 am | Westminster City Council
Agenda and draft minutes

Agenda for Licensing Sub-Committee (4) on Thursday 14th September, 2017, 10.00 am

Agenda and draft 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:

Councillor Floru declared that in respect of Item 2 he had attended evening events at the premises.

 

Councillor Acton declared that in respect of Item 1 she was the Council’s Lead Member for Edgware Road and shisha and was also the Cabinet Member responsible for Public Health and as a result was able to consider the application on its individual merits, free from bias and with an open mind during the decision making process. In respect of Item 2 she had attended day time events held at the premises.

 

Council Hyams declared that in respect of Item 2 the application was situated within her ward and she had previously attended meetings hosted by The Crown Estate. All parties present were in agreement that Cllr Hyams should not be precluded from sitting on the Sub-Committee during the discussion on this item.

 

As a result of the above declarations made by each Councillor the Sub-Committee felt that it was able to approach the application free from bias and with an open mind and so determined the same on its individual merits.

3.

Nanerj, 60 Edgware Road, W2 pdf icon PDF 451 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Bryanston and Dorset Square Ward /

Edgware Road Cumulative Impact Area

Nanerj, 60 Edgware Road, W2

Variation of a Premises Licence

17/06307/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 14th September 2017

 

Membership:            Councillor Jean Paul Floru (Chairman), Councillor Heather Acton and Councillor Louise Hyams

 

Legal Adviser:           Horatio Chance

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    Environmental Health and One Local Resident.

 

Present: Mr Mamoun Eddin (Agent, Representing the Applicant) and Mr Anil Drayan (Environmental Health).

 

TXE Limited T/a Nanerj, 60 Edgware Road, London, W2 2EH (“The Premises”)

17/06307/LIPV

 

1.

Performance of Recorded Music

 

Monday to Friday: 11:00 to 23:30

Saturday: 11:00 to 00:00

Sunday: 11:00 to 23:30

 

 

Amendments to application advised at hearing:

 

The Sub-Committee was informed that the provision of recorded music was withdrawn from the licence by the Applicant.

 

 

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

 

The Sub-Committee considered an application by TXE Limited for a variation of a premises licence in respect of 60 Edgware Road, London, W2 2EH.

 

Councillor Acton declared that she was the Council’s Lead Member for Edgware Road and shisha and was also the Cabinet Member responsible for Public Health and as a result was able to consider the application on its individual merits, free from bias and with an open mind during the decision making process.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Mr Eddin, representing the Applicant, informed the Sub-Committee that the Premises had been trading as a restaurant since 2011. In April 2017 TXE Ltd had purchased the Premises and undertaken a comprehensive refurbishment of the property. This included updating the dining and kitchen areas, fitting new air conditioning units as well as installing a comprehensive CCTV system. The transfer of the premises licence to TXE Ltd had occurred in May 2017 and the Sub-Committee was now being asked to consider a variation to this licence in order to change the layout of the Premises. The restaurant had been trading since July 2017 and the restaurant offered typical Middle Eastern food catering mainly for families and friends.

 

In response to the representations received Mr Eddin explained how he had held constructive discussions with Environmental Health (EH) following which it was agreed to withdraw the addition of recorded music to the licence. The only music played at the Premises was of a background nature and therefore did not constitute a licensable activity. The representation received from the local resident expressed concern over the use of the pavement area in front of the Premises and its use for smoking shisha. Mr Eddin explained that this external area had been in use for over ten years and only contained five tables and ten chairs. No hot food was served in this area after 23:00 hours and it was confirmed that no alcohol was either supplied or sold at the Premises. As such it was not a cause for any drunk or disorderly behaviour. Mr Eddin also stated that no residents lived above the Premises and that no complaints had been received from local residents. The Applicant had agreed to all the  ...  view the full minutes text for item 3.

4.

1 St James's Market, SW1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward /

West End Cumulative Impact Area

1 St James’s Market, SW1

New Premises Licence

17/06464/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 14th September 2017

 

Membership:            Councillor Jean Paul Floru (Chairman), Councillor Heather Acton and Councillor Louise Hyams

 

Legal Adviser:           Horatio Chance

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    Environmental Health and the Licensing Authority.

 

Present: Mr Jack Spiegler (Solicitor, representing the applicant), Mr Nick Kelleher (Representing the Applicant Company), Mr Maxwell Koduah (Environmental Health) and Mr David Sycamore (Licensing Authority).

 

1 St James’s Market, London, SW1Y 4AH  (“The Premises”)

17/06464/LIPN

1.

Sale by Retail of Alcohol – On and Off

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:30

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee considered an application by The Crown Estate for a new Premises licence in respect of 1 St James’s Market, London, SW1Y 4AH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Councillor Floru declared that he had attended evening events held at the Premises.

 

Councillor Acton declared that she had attended day time events held at the Premises.

 

Council Hyams declared that the application was situated within her ward and she had previously attended meetings hosted by The Crown Estate. All parties present were in agreement that Cllr Hyams should not be precluded from sitting on the Sub-Committee during the discussion on this item.

 

As a result of the above declarations made by each Councillor the Sub-Committee felt that it was able to approach the application free from bias and with an open mind and so determined the same on its individual merits.

 

Mr Sycamore, representing the Licensing Authority, confirmed that their representation was maintained on the grounds that clarity was still required on the number, style and capacity of events to be held at the Premises and also that it was located within a Cumulative Impact Area (CIA). The Sub-Committee noted that the applicant had circulated prior to the meeting a document providing further information on the events planned to be held at the Premises.

 

Mr Koduah, representing Environmental Health (EH), explained he had held initial concerns over the application regarding public safety as the Premises was situated on the 7th floor of the Premises. It was submitted that constructive discussions had been held with the Applicant over the safety arrangements in place, which included the maximum usable floor space and the number of toilets available at the Premises, and was satisfied that these arrangements were satisfactory. There had been some concern over the capacity of the Premises but further clarity provided on the toilet provision available reassured Mr Koduah that the Premises could comfortably support 210 people. It was not considered appropriate to impose a maximum capacity on the licence but if the Sub-Committee was minded to do so then a maximum of 200 people would be considered acceptable.

 

The Sub-Committee was interested to know why EH had proposed to limit the use of the outside terrace after 21:00 hours when the Premises was not located  ...  view the full minutes text for item 4.