Agenda for Licensing Sub-Committee (4) on Monday 9th October, 2017, 10.00 am | Westminster City Council
Agenda and draft minutes

Agenda for Licensing Sub-Committee (4) on Monday 9th October, 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 Melvyn Caplan stated in respect of Sophie’s Steakhouse, 42-44 Great Windmill Street, W1 that he had sat on the previous application. He felt that in the interests of openness and transparency he should bring this to the attention of the Applicant and all other parties. He stated that despite this he was still able to consider the application with an open mind and free from any bias.

 

Councillor Karen Scarborough declared an interest in respect of Lazeez Lebanese Tapas, 29 Duke Street, W1 as local Ward Member and therefore left the room and did not take part in the determination of the matter.

3.

Les Douceurs De La Tentation, Ground Floor, 8 Fernhead Road, W9 pdf icon PDF 670 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Harrow Road Ward /

Not in cumulative impact area

Les Douceurs De La Tentation, Ground Floor, 8 Fernhead Road, W9

New Premises Licence

17/08550/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Monday 9th October 2017

 

Membership:              Councillor Jean Paul Floru (Chairman), Councillor Melvyn Caplan and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Committee Officer:     Sarah Craddock

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health and seven Local Residents.

 

Present: Ms Dimitra Agapidis (Applicant), Councillor Guthrie McKie (supporting the Applicant), Mr Maxwell Koduah (Environmental Health) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing two local residents).

 

Les Douceurs De La Tentation, Ground Floor, 8 Fernhead Road, W9 3ET

17/0855/LIPN (“The Premises”)

1.

Late Night Refreshment:

 

Monday to Thursday: 23:00 to 00:00

Friday and Saturday: 23:00 to 01:00

 

Seasonal variations/Non-Standard timings: From end of permitted hours on New Years Eve until start of opening hours on New Years Day.

 

 

Amendments to application advised at hearing:

 

The applicant amended the Late Night Refreshment to within the Core Hours Policy.

 

 

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

 

The Sub-Committee considered an application for Les Douceurs De La Tentation (“The Applicant”) for a new Premises licence in respect of 8 Fernhead Road, London W9 3ET.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Police had withdrawn their representation following agreement of conditions with the applicant and that the Premises was not located in the Council’s designated cumulative impact areas. 

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

 

Ms Agapidis advised that she had been trading for seven years as a Bistro/Restaurant without the benefit of a Premises licence and that during this time there had been no public health issues at the Premises.  She confirmed that she would amend her application to be within the Core Hours Policy and that conditions had been agreed with both the Police and Environmental Health.

She showed the Sub-Committee photographs of the food that she cooked in her restaurant and explained that she now wanted to give her customers the full restaurant experience  by allowing them to have a glass of wine with their meal. The Applicant stated that currently she charges her customers corkage at £2.50 per person.   Ms Agapidis confirmed that it was a small restaurant with only 16 covers, that all customers needed to make a reservation and that in the past she had used the temporary event notice regime to promote the business. The Applicant advised the Sub-Committee that her Premises was an Oasis for local people wanting to eat good quality authentic food in pleasant surroundings.

 

Councillor Mckie advised that he was speaking in support of Ms Agapidis’ application.  He explained that the area lacked a good dining restaurant that sold nice wine and that granting this licence would continue the enhancement and transformation of the area for the local community, which in his opinion was needed as part of the continued regeneration for the local area.

 

Mr Maxwell Koduah  ...  view the full minutes text for item 3.

4.

Nagomi, 4 Blenheim Street, W1 pdf icon PDF 855 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward /

Not in cumulative impact area

Nagomi, 4 Blenheim Street, W1

Variation of a Premises Licence

17/08686/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Monday 9th October 2017

 

Membership:              Councillor Jean Paul Floru (Chairman), Councillor Melvyn Caplan and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Sarah Craddock

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health, The Metropolitan Police and One Local Resident.

 

Present: Rising Sun UK Limited (Applicants), Thomas and Thomas Partners LLP (Agent), Mrs Sally Fabbricatore (Environmental Health) and PC Bryan Lewis (Metropolitan Police)

 

Nagomi, 4 Blenheim Street, London W1S 1LD

17/08686/LIPV (“The Premises”)

1.

Late Night Refreshments:

Monday to Wednesday: 23:00 to 00:30

Thursday to Saturday: 23:00 to 00:30

 

 

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 Rising Sun UK (“The Applicant”) Limited for a variation of a Premises licence in respect of 4 Blenheim Street, London, W1S 1LD.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.  She confirmed that representations had been made from the Police, Environmental Health and one local resident, although no further correspondence had been received from the local resident.  The Premises was 

not located in the Council’s designated cumulative impact areas. 

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s  questions and were given an opportunity to ask questions of each other.

 

The Applicant’s Representative advised they wished to change the layout of the Premises, extend the hour for the sale of retail of alcohol and add off sales on Monday to Saturday from 12:00 until 00:00 and on Sunday until 23:00, add Late Night Refreshment Monday to Saturday 23:00 to 00:30 and extend the opening hours.   She further advised that following the take over and refurbishment of the Premises the owners wished to extend the licensing hours to allow them to be on a level playing field with other Premises in the area that had longer opening and licensable hours. 

 

The Applicant’s Representative stated that this was a small restaurant with 28 covers on the upper floor and 6 covers in the basement area of the Premises.  The Premises were not located in the Council’s designated cumulative impact areas and because of this the  Sub-Committee considered that the extension of hours would not have an adverse impact on public nuisance, especially as the  restaurant condition was attached to the licence in any event.  It was stated  that all conditions had been agreed with the Police and Environmental Health and that only alcohol purchased on the Premises with a table meal would be allowed to be taken off the Premises.

 

PC Bryan Lewis, representing the Metropolitan Police, confirmed that their representation was maintained as the application was outside of the Core Hours Policy.  He further confirmed that there were no crime and disorder issues at these Premises.  PC Bryan did request that the old CCTV condition be replaced by the new updated CCTV condition on the Premises licence.

 

Mrs Sally Fabbricatore, representing Environmental Health,  ...  view the full minutes text for item 4.

5.

Sophie's Steakhouse, 42-44 Great Windmill Street, W1 pdf icon PDF 383 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward /

West End Cumulative Impact Area

Sophie's Steakhouse, 42-44 Great Windmill Street, W1

Variation of a Premises Licence

17/09500/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Monday 9th October 2017

 

Membership:              Councillor Jean Paul Floru (Chairman), Councillor Melvyn Caplan and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Committee Officer:     Sarah Craddock

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         The Licensing Authority, the Metropolitan Police and The Soho Society

 

Present: Sophie’s Soho Ltd (Applicants), Mr Alun Thomas (Thomas & Thomas – Solicitor), Mr David Sycamore (Licensing Authority), PC Bryan Lewis (Metropolitan Police) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing The Soho Society.

 

Councillor Caplan stated that he had sat on the previous application. He felt that in the interests of openness and transparency he should bring this to the attention of the Applicant and all other parties. He stated that despite this he was still able to consider the application with an open mind and free from any bias.

 

Sophie’s Steakhouse, 42-44 Great Windmill Street, London, W1D 7LU

17/09500/LIPV (“The Premises”)

1.

To remove the following condition from the recently granted new premises licence ref: 17/06235/LIPN

 

‘All bags of persons entering the premises shall be searched by security after 23:00 hours daily’.

 

There are no other changes to the licence sought.

 

 

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 Sophie’s Steakhouse (“The Applicant”) for a variation of a Premises licence in respect of 42-44 Great Windmill Street, London W1D 7LU.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that representations had been made from the Police, Environmental Health and the Soho Society.  She also confirmed that the Premises was located in the Council’s West End cumulative impact area and that additional information received from the Police had been circulated to all parties.

 

Mr Thomas advised that he had sent in additional information in the form of a report compiled by Mr Adrian Studd (Independent Licensing Consultant) regarding the variation application to include his views on the threat of terrorism in the UK highlighted at paragraphs 12-13 of his report and the response to that threat from paragraph 14 onwards.  The Sub-Committee confirmed that they had not received this document so in the interests of fairness and transparency agreed to adjourn the hearing temporarily to read it’s contents and for all other parties to be given the opportunity to express their comments accordingly.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.

 

Mr Thomas, the applicant’s representative, advised that the new licence had only been recently granted for the Premises in August with the following condition ‘All bags of persons entering the premises shall be searched by security after 23:00 hours daily” which the owners considered was unusual to have attached to a restaurant licence.  The Applicant confirmed that there was seating throughout the basement but there was also space for people  ...  view the full minutes text for item 5.

6.

Lazeez Lebanese Tapas, 29 Duke Street, W1 pdf icon PDF 603 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Marylebone High Street Ward /

Not in cumulative impact area

Lazeez Lebanese Tapas, 29 Duke Street, W1

Variation of a Premises Licence

17/08985/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Monday 9th October 2017

 

Membership:              Councillor Jean Paul Floru (Chairman), Councillor Melvyn Caplan and Councillor Karen Scarborough

 

Legal Adviser:             Horatio Chance

Committee Officer:     Sarah Craddock

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health

 

Present: Caffe V Restaurant Limited (Applicants), Mr McCann (Solicitors) and Mrs Sally Fabbricatore (Environmental Health).

 

Councillor Karen Scarborough declared an interest as local Ward Member and therefore left the room and did not take part in the determination of the matter.

 

Lazeez Lebanese Tapas, 29 Duke Street, London W1U 1LF

17/08985/LIPV (“The Premises”)

1.

The application seeks:

 

  1. To extend the hours on Friday and Saturday for the Sale of alcohol until 01:00 and the opening hours until 01:30.

 

  1. To add Late Night Refreshment as a licensable activity on Fridays and Saturdays from 23:00 to 01:00.

 

  1. To change the name of the premises from “Café V” to “Lazeez Lebanese Tapas”.

 

 

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 Caffe V Restaurant Limited (“The Applicant”) for a variation of a Premises licence in respect of 29 Duke Street, London, W1U 1LF.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that representations had been made from the Police, Environmental Health and one local resident.  The Police had withdrawn their representation following agreement of conditions with the applicant and there had been no further correspondence received from the local resident.  The Premises were not located in the Council’s designated cumulative impact areas. 

 

 

The Applicant’s Representative advised that there was demand for extended hours especially during the weekends.  Conditions had been agreed with both the Police and Environmental Health and a letter had been sent to the resident reassuring him that the conditions on the licence would ensure that the licensing objectives would be met.  He further advised that the Premises were not located in a very residential area and that the Premises had a full restaurant condition already on its licence which meant that no alcohol could be sold without a table meal.

 

Mrs Sally Fabbricatore, representing Environmental Health, (EH) confirmed that EH did not have any nuisance issues with this Premises or an issue with the extension of the licence.  She further considered that the conditions on the licence would address public nuisance.

 

The Sub-Committee considered that there was there was no evidence to demonstrate that the Applicant would not promote the licensing objectives. The Premises were also not in the Council’s designated cumulative impact areas.  The Sub-Committee decided therefore to grant all aspects applied for.

 

The Sub-Committee considered the conditions imposed on the Licence to be appropriate and proportionate to promote the licensing objectives.

 

 

 

Conditions attached to the Licence

Mandatory:

 

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold  ...  view the full minutes text for item 6.