Agenda and draft minutes

Licensing Sub-Committee (4) - Monday 23rd September, 2019 10.00 am

Venue: Rooms 18.01 -18.03, 18th Floor, 64 Victoria Street, London, SW1E 6QP

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.

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 interest.

1.

Opium, 21 Rupert Street, London, W1D 7PJ pdf icon PDF 26 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

Full review of the premises licence

19/10730/LIREVX

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 4

Monday 23rd September 2019

 

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

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:   Michelle Steward

 

Relevant Representations: Metropolitan Police, Licensing Authority and Landlord of the Premises

 

Present: James Rankin (Counsel, representing the Metropolitan Police), PC Reaz Guerra (Metropolitan Police), Philip Kolvin QC (Leading Counsel, representing the Premises Licence Holder), Lana Tricker (Solicitor, representing the Premises Licence Holder), Ramon Bordas Estany (Company  Director, Premises Licence Holder), Ramon Bordas de Togores (Co-Founder and Company Director, Premises Licence Holder), Javier Bordas de Togores (Co-Founder and Company Director, Premises Licence Holder), Eamonn Mulholland (Designated Premises Supervisor, Premises Licence Holder), Edon Krasniqi (General Manager, Premises Licence Holder), Richard Wormald QC (Leading Counsel, representing the Landlord of the Premises Licence Holder), Alun Thomas (Solicitor, representing the Landlord of the Premises Licence Holder), Cosmina Stan (Asset Manager, acting on behalf of the Landlord of the Premises Licence Holder) and Francis Keegan (Licensing Inspector, Licensing Authority).

 

 

Opium, 21 Rupert Street, London, W1D 7PJ (“The Premises”)

19/10730/L

 

1.

 

Full Review of the Premises Licence

 

 

 

Summary of Application:

 

An application was made by the Metropolitan Police Service on 28 August 2019 to review the premises licence for Opium, 21 Rupert Street, London, W1D 7PJ under the Section 53A(1)(b) of the Licensing Act 2003 (premises associated with serious crime or serious disorder or both).

 

The Police made the application for the summary review based on a serious incident that took place at the premises and in the immediate vicinity of the premises during the early hours on Sunday, 25th August 2019. The police indicated that they want the licence to be suspended as an interim step and the licence holder did not contest that approach.

 

 

A Licensing Sub-Committee was convened on 30 August to consider whether it was necessary to take interim steps pending the determination of the Review applied for. The Sub-Committee decided to suspend the premises licence held by Opium London Ltd until this Full Review hearing.

 

On 11 September a representation was received from the Landlords, London Trocadero 2015 LLP, in respect of the crime and disorder licensing objective. On 12 September, a full representation was received from the Landlords indicating that they should be granted a “shadow licence” in order to exert control over their tenant and also submitting that the existing premises licence should not be revoked.

 

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Michelle Steward introduced the application and explained that the report did not include the correct information regarding the steps that the members could take when determining the review. The correct steps were set out in section 53C(3) of the 2003 Act as follows:

 

(a) the modification of the conditions of the premises licence,

(b) the exclusion of a licensable activity from the scope of the licence,

(c) the removal of the designated premises supervisor from the licence,

(d) the suspension of the  ...  view the full minutes text for item 1.