Agenda for Licensing Sub-Committee (4) on Thursday 25th January, 2018, 10.00 am | Westminster City Council
Agenda and draft minutes

Agenda for Licensing Sub-Committee (4) on Thursday 25th January, 2018, 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:

1.1       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:

2.1       There were no declarations of interests.

3.

The Big Easy, Lower Ground Floor And Ground Floor, 12 Maiden Lane, WC2 pdf icon PDF 964 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward /

West End Cumulative Impact Area

The Big Easy, Lower Ground Floor And Ground Floor, 12 Maiden Lane, WC2

Variation of a Premises Licence

17/12907/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 25th January 2018

 

Membership:            Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     Environmental Health, The Licensing Authority and Four Local Residents.

 

Present: Mr James Rankin (Barrister, representing the Applicant), Mr Paul Corrett (Applicant), Ms Shannon Pring (Licensing Authority), Mr Anil Drayan (Environmental Health), Mr Kin Tang (Local resident) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing Mr Tang).

 

The Big Easy, Lower Ground Floor and Ground Floor, 12 Maiden Lane, London, WC2E 7NA (“The Premises”)

17/12907/LIPV

 

1.

Layout Alteration

 

The applicant is seeking to reduce the size of the area where bar use is allowed, referred to in condition 37 as the hatched area with a smaller area as shown on the ground floor plan.

 

 

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 Maiden London Limited for a variation of a premises licence in respect of The Big Easy, Lower Ground Floor and Ground Floor, 12 Maiden Lane, London, WC2E 7NA.

 

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

 

Mr Rankin, representing the applicant, advised the Sub-Committee that the premises currently contained a bar area which allowed customers to purchase and consume alcohol provided it was by waiter/waitress service to persons seated. This permission had been granted previously by a Licensing Sub-Committee. Since the Premises had been operating however difficulties with the conditions placed on the bar area had been experienced. An application had now been made to amend the conditions to allow some vertical drinking. Currently the main issue related to customers who walked in for a meal. The majority were seated immediately however during busy hours some customers had to wait in the bar area whilst their tables were cleaned. Mr Rankin advised that 95% of customers entering the Premises did so in order to eat. As an example of what could happen during busy periods Mr Rankin explained that if a party of twelve people arrived and their table was not yet ready and there were only eleven seats available in the bar then that twelfth person must stand and would not be sold a drink, but his or her companions could be. This would be an inefficient manner in which to operate a restaurant.

 

Mr Rankin was of the opinion that if the Sub-Committee granted what was applied for it would have a positive effect on the Cumulative Impact Area (CIA). If customers at the Premises were unable to be served a drink they would frequent another establishment whilst their table was being prepared. Many of the establishments in close proximity permitted drinking in external areas therefore potentially adding to cumulative impact. By allowing the use of a holding bar this would keep the customers within the Premises and prevent them from filtering  ...  view the full minutes text for item 3.

4.

47-48 Newman Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward /

not in cumulative impact area

47-48 Newman Street, W1

New Premises Licence

17/13178/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 25th January 2018

 

Membership:            Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     Environmental Health, The Metropolitan Police and Two Local Residents.

 

Present: Mr Gary Grant (Counsel, Representing the Applicant), Mr Andrew Wong (Solicitor, Representing the Applicant), Mr Duncan Stirling (Applicant) and Mr Anil Drayan (Environmental Health).

 

Mr Fogg’s Townhouse, 47-48 Newman Street, London, W1T 1QQ (“The Premises”)

17/13178/LIPN

 

1.

Playing of Recorded Music

 

Current Hours under the existing licence

 

Unrestricted

 

Proposed Hours

 

Monday to Thursday: 10:00 – 23:30

Friday to Saturday: 10:00 – 00:00

Sunday: 10:00 – 22:30

 

 

 

Seasonal Variations/Non-Standard Timings:

 

Current provision under existing licence

 

N/A

 

Proposed

 

All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start

of permitted hours on New Year’s Day.

 

 

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 Inception Licence Limited for a new premises licence in respect of 47-48 Newman Street, London, W1T 1QQ.

 

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

 

Mr Grant, representing the applicant, highlighted to the Sub-Committee that following discussions between the applicant, the Police and Environmental Health (EH) a set of proposed conditions had been agreed between all parties. Despite this it was recognised that two residents had maintained their representations regarding the application which expressed concern over a potential increase in the hours for licensable activities. Mr Grant assured the Sub-Committee that this was not the case and there would be no increase in hours for any licensable activities. In response to a question Mr Grant confirmed that it was proposed to extend the opening hours of the Premises by thirty minutes Monday to Saturday and this would act as a ‘drinking up’ time.

 

Mr Grant provided a brief background to the Premises and the Sub-Committee noted that it had operated as a public house for a significant period of time, albeit that the first floor had operated as a restaurant. Several recent attempts had been made to operate out of the Premises none of which had been successful resulting in the building currently being vacated and attracting squatters. The applicant was proposing to completely redevelop the property and open up a third venue of Mr Fogg’s Townhouse in London. This Premises would have a botanical theme containing floral displays internally and externally with an overall Victoriana theme.

 

The Sub-Committee was advised that the Premises would not operate as a restaurant however there would be a substantial high quality food element available. As such the applicant was seeking to remove the restaurant condition from the first floor of the Premises. Mr Grant advised that a lease for the building had been agreed subject to the granting of the licence.

 

Mr Drayan, representing EH, confirmed that he was in attendance to assist  ...  view the full minutes text for item 4.

5.

Cumberland Food & Wine, 11 Great Cumberland Place, W1 pdf icon PDF 940 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Bryanston and Dorset Square Ward /

not in cumulative impact area

Cumberland Food & Wine, 11 Great Cumberland Place, W1

Variation of a Premises Licence

17/14171/LIPV

 

 

Minutes:

The item was withdrawn by the applicant.

6.

Itsu, 15 Baker Street, W1 pdf icon PDF 401 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

Cumberland Food & Wine, 11 Great Cumberland Place, W1

New Premises Licence

17/14437/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 25th January 2018

 

Membership:            Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     One Local Resident.

 

Present: Mr Mark Browning (Solicitor, representing the Applicant) andMs Nuala Harkin (Itsu, Head of Facilities).

 

Itsu, 15 Baker Street, London, W1U 3AH (“The Premises”)

17/14437/LIPN

 

1.

Sale by Retail of Alcohol – On and Off Sales

 

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 Itsu Limited for a new premises licence in respect of Itsu, 15 Baker Street, London, W1U 3AH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Police and Environmental Health (EH) had withdrawn their representations following the agreement of conditions.

 

Mr Browning, representing the applicant, explained that Itsu had recently submitted four similar applications of which three had been granted under delegated powers. The fourth application was before the Sub-Committee now as a residential representation had been received. The applicant had attempted to contact the resident to discuss the issues but this had proven unsuccessful. The Sub-Committee was advised of the operating style of Itsu and how it could be regarded differently to a conventional restaurant. To address concerns over the external tables and chairs Mr Browning detailed how their number would be reduced to ensure there was no obstruction on the public highway. Overall the application could be regarded as being very simple with the hours requested being within core hours. The Premises currently operated for less than these hours but they had been requested to simply provide greater flexibility if required.

 

The Council’s Licensing Policy Adviser requested clarification on the plan submitted and whether the capacity proposed included both internal and external areas? Mr Browning confirmed that the capacity of sixty covered both internal and external areas excluding staff. In response to a question from the Council’s Legal Adviser Mr Browning clarified that he considered all sales of alcohol to customers sat at the external tables and chairs to be on sales where the sale of alcohol was ancillary to them taking a table meal. A floor manager would help ensure the safety of all the seated areas with the external area being monitored constantly. The Sub-Committee was advised that sales of alcohol at similar Itsu establishments were very small and consisted only of 0.2% of total sales.

 

It was pointed out by the Council’s Policy Adviser that the usual approach was for the plan to identify sales to external areas on the highway as off-sales rather than on-sales. However, following a suggestion from the Council’s Legal Adviser the applicant agreed to amend condition 9 to ensure that the consumption of alcohol on the Premises including the external area was ancillary to the customer taking a table  ...  view the full minutes text for item 6.

7.

Itsu, 38-40 Eastcastle Street, W1 pdf icon PDF 546 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

West End Ward /

not in cumulative impact area

Itsu, 38-40 Eastcastle Street, W1

New Premises Licence

17/14438/LIPN

 

 

Minutes:

The application was granted under delegated authority.

8.

7-8 Eccleston Yard, SW1 pdf icon PDF 841 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

Warwick Ward /

not in cumulative impact area

7-8 Eccleston Yard, SW1

New Premises Licence

17/13294/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 25th January 2018

 

Membership:            Councillor Jean Paul Floru (Chairman), Councillor Jan Prendergast and Councillor Aziz Toki

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Daisy Gadd

 

Relevant Representations:     One Local Resident.

 

Present: Mr Alun Thomas (Solicitor, representing the applicant),Mr Duncan Watts (Applicant), and Mr Ioannis Alexopoulos (Local Resident).

 

7-8 Eccleston Yard, Westminster, London, SW1W 9AZ (“The Premises”)

17/13294/LIPN

 

1.

Late Night Refreshment – Indoors

 

Monday to Wednesday: 23:00 to 23:30

Thursday to Saturday: 23:00 to 00:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

The Sub-Committee considered an application by Curious Restaurants Limited for a new premises licence in respect of 7-8 Eccleston Yard, Westminster, London, SW1W 9AZ.

 

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

 

Mr Thomas, representing the applicant, explained that constructive discussions had been held with the local resident, Mr Alexopoulos, who had expressed concerns over the application. The following four mains areas of concern and how they would be mitigated included:

 

·     The hours of operation – The Premises would operate within core hours except on Thursday where it was proposed to operate for thirty minutes longer.

·      External seating – All external furniture would be rendered unusable after 23:00 and this area would be located around the corner from Mr Alexopoulos’s property.

·      Smoking area – It was hoped this area would not have to be used as the proposed external seating arrangements would allow customers to smoke outside. The smoking area would also be located around the corner from Mr Alexopoulos’s property.

·      Servicing – To provide reassurances the applicant would accept a model condition to be added to the licence preventing any deliveries taking place at the Premises between 23:00 and 07:00 on the following day. In terms of removing waste, the Premises had an internal refuse facility to prevent disturbance to residents.

 

Mr Thomas also confirmed that a condition requiring the Premises to display signs requesting residents to leave the establishment quietly and respect local residents could be added to the licence if deemed appropriate. With regards to the management of the courtyard area the applicant would enter into discussions with the residents and Grosvenor Estates to ensure this was undertaken in a suitable manner.

 

In response to a question regarding whether options to install double glazing at the Premises had been assessed Mr Thomas explained that this was one of the issues that would be addressed with Mr Alexopoulos in their upcoming discussions. It was not being offered as part of the application to the Licensing Sub-Committee. 

 

Mr Thomas highlighted that the Premises was not located within a Cumulative Impact Area (CIA) and therefore according to the Statement of Licensing Policy, subject to the Premises promoting the licensing objectives, the application would normally be granted. It was acknowledged that under licensing terms the Premises could be regarded as a drink-led establishment however its planning permission was for restaurant use and this was how it was intended to be operated.  ...  view the full minutes text for item 8.