Agenda and draft minutes

Licensing Sub-Committee (4) - Friday 30th August, 2019 10.00 am

Venue: Rooms 18.01 and 18.02, 64 Victoria Street, London, SW1E 6QP. View directions

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any 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.

3.

Part 2 (In Private) - Item 1 - Exempt Reports Under the Local Government Act 1972

RECOMMENDED: That under Section 100 (A) (4) and Part 1 of Schedule 12A to the Local Government Act 1972 (as amended), the public and press be excluded from the meeting for the following item(s) of business because they involve the likely disclosure of exempt information on the grounds shown below and it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information:

 

Item No

 

 

1                                      

Grounds

 

 

Information relating to any action taken or to be taken in connection with the prevention

investigation or prosecution of crime

Para. of Part 1 of Schedule 12A of the Act

 

7

 

1.

Opium, 21 Rupert Street, London, W1D 7PJ pdf icon PDF 19 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

St James’s

Ward/ West End

Cumulative Impact Area

Opium

21 Rupert Street

London

W1D 7PJ

Initial consideration for any Interim measures pending

the full review of the premises licence

19/10730/LIREVX

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Friday 30 August 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Jim Glen and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Committee Officer:      Sarah Craddock

 

Relevant Representations:       Metropolitan Police (Applicant).

 

Present:  Mr James Rankin (Counsel, representing the Applicant), PC Reaz Guerra and PS Cherie Whiteley (Metropolitan Police), Mr Philip Kolvin QC (representing Opium, 9 Rupert Street), Mr Ramon Bordas Togores and Mr Ramon Bordas Estany (The Owners of Opium, 9 Rupert Street) and Ms Lana Tricker (Solicitor, on behalf of Opium, 9 Rupert Street). 

 

Initial consideration of the interim steps pending the full review of the premises licence pursuant to section 53B(3) of the Licensing Act 2003 – Opium, 9 Rupert Street, W1D 7PJ

19/10730/LIREVX

 

Summary of application

 

An application had been made by the Metropolitan Police Service to review the premises licence for Opium, 9 Rupert Street, London W1D 7PJ under Section 53A(1)(b) of the Licensing Act 2003 (premises associated with serious crime or disorder or both). The application alleged that the licensed premises was associated with serious crime or serious disorder or both as a result of a large fight and large scale disorder with 15-30 people fighting at the location that took place on Sunday 25 August 2019.  This large-scale disorder had led to one person receiving a stab wound to his abdomen within the premises and a second person receiving two gunshot wounds whilst outside the premises, one to his back piercing his liver and the other to his arm.

 

Decision

 

Members initially heard from Mr Rankin, representing the Police.  He advised that the Police’s position was that they were seeking that the premise licence be suspended following the incident which had taken place on Sunday 25 August 2019.  He further advised that it was his understanding that the licence holders, represented by Mr Kolvin, would not be objecting to the Police’s request for the premises licence to be suspended pending the full hearing.  Mr Rankin stated that Mr Kolvin had confirmed that his clients no longer wished to ask for a very limited dispensation to enable two charitable events to take place in September.

 

Mr Rankin provided to Members his client’s account of what had taken place on Sunday 25 August at approximately 03.04 hours when the premises should not have been open as there was no DPS present at the premises.  Mr Rankin advised that the incident had involved a fight within the premises, which had resulted in one male being stabbed severely in the abdomen and shortly afterwards another man, who had also been in the premises, being shot in the liver and arm outside of the premises.  Mr Rankin advised that CCTV footage had been collected from the premises and the Sub-Committee confirmed that they wished to view the footage, which was approximately five minutes in length. The Licensing Sub-Committee hearing went into closed session for the showing of the CCTV footage.

 

The Sub-Committee heard from the Police and observed from the CCTV that there were several people holding  ...  view the full minutes text for item 1.