Agenda and draft minutes

Licensing Sub-Committee (4) - Thursday 15th October, 2020 10.00 am

Venue: This is a virtual meeting

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 07817054613

Media

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 the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

1.2      There were no declarations of interest.

1.

Yahala, London Street, London, W2 1HH pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

Hyde Park Ward / Not in Cumulative Impact Area

Yahala

26 London Street

London

W2 1HH

Premises

Licence Variation 

20/070/L76IPV

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 4

 

Thursday 15th October 2020

 

Membership:           Councillor Karen Scarborough (Chair), Councillor Louise Hyams and Councillor Rita Begum

 

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Michelle Steward

 

 

Application for a Variation of a  Premises Licence 20/07076/LIPV

 

Full Decision

 

Premises

 

Yahala

26 London Street

London

W2 1HH

 

 

Applicant

 

Mr Afil Efkih

Represented by Mr Paul Jones (Innpacked Solicitors)

 

 

Cumulative Impact Area?

 

Not in a Cumulative Impact Area

 

 

Ward

 

Hyde Park

 

 

Summary of Application

 

The Applicant sought to:

 

·       To permit the delivery of Late- Night Refreshment via reputable delivery agents, e.g. Uber Eats, Deliveroo, Just Eat between the hours of 23:00 to 04:30.

 

·       To remove conditions 15 (a) to (f), 16 and 18.

 

·       To add 5 additional conditions.

Proposed Activities and Hours

 

Late Night Refreshment [Indoors]

 

Monday to Sunday 23.00 to 04.30

 

Conditions to be Removed

 

Condition 15 excluding (g):

 

(i) Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.

 

In this condition, permitted hours means:

 

On weekdays, other than Christmas Day, Good Friday or New Year's Eve, 10:00 to 23:00

On Sundays, other than Christmas Day or New Year's Eve, 12:00 to 22:30

On Good Friday, 12:00 to 22:30

On Christmas Day, 12:00 to 15:00. and 19:00 to 22:30

On New Year's Eve, except on a Sunday, 10:00 to 23:00

On New Year's Eve on a Sunday, 12:00 to 22:30

 

(ii)  Alcohol may be sold or supplied for one hour following the hours set out above and on Christmas Day, between 15.00 and 19.00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

 

NOTE - The above restrictions do not prohibit:

 

(a)  during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

 

(b)  during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

 

(c) during the first thirty minutes after the above hours the consumption of the  alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

 

(d)  the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

 

(e)  the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

 

(f)    the sale of alcohol to a trader or registered club for the purposes of the trade or club;

 

(g)  the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of  ...  view the full minutes text for item 1.

2.

Melcombe News, Basement And Ground Floor, 3 Melcombe Place, London, NW1 6JE pdf icon PDF 4 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Bryanston and Dorset Square Ward/ Not in Cumulative Impact Area

Melcombe News, Basement And Ground Floor, 3 Melcombe Place, London, NW1 6JE

New Premises

Licence

20/07246/LIPN

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 4

 

Thursday 15th October 2020

 

Membership:           Councillor Karen Scarborough (Chair), Councillor Louise Hyams and Councillor Rita Begum

 

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Michelle Steward

 

 

Application for a New Premises Licence 20/07246/LIPN

Full Decision

 

Premises

 

Melcombe News

Basement and Ground Floor

3 Melcombe Place

London

NW1 6JE

 

 

Applicant

 

Melcombe News Limited

Represented by Mr Stewart Gibson (SG Licensing)

 

 

Cumulative Impact Area?

 

Not in a Cumulative Impact Area

 

 

Ward

 

Bryanston and Dorset Square

 

 

Summary of Application

 

The Premises operates as a local newsagent/convenience store and is a family run business which has traded at these Premises for the past 30 years. Sales have predominantly come from newspapers, tobacco and confectionery, but the applicant is now looking to branch out and add other ranges to the sales mix, of which the sale of alcohol for consumption off the premises is one of the options.

 

 

 

 

 

Proposed Activities and Hours

 

 

Retail Sale of Alcohol [Off Sales]

 

Monday to Saturday 08.00 to 21.00

Sunday 10:00 to 21:00

 

 

Hours premises are open to the public

 

Monday to Friday 07.00 to 21.00

Saturday to Sunday 08:00 to 21:00

 

 

Representations Received

 

·       Metropolitan Police (PC Bryan Lewis) – Now withdrawn

·       Environmental Health (Ian Watson)

·       Regis Court Management

·       St Marylebone Society Committee

·       Five local residents objecting to the application

 

 

Summary of issues raised by objectors

 

·       The hours requested for the supply of alcohol would have the likely effect of causing an increase in Public Nuisance within the area.

 

·       The surrounding area already had many licensed Premises in the area selling alcohol resulting in anti-social behaviour and encouraging street drinking.

 

·       The forecourt outside Melcombe Place is rarely kept clean resulting in a build-up of litter on either side of the residential main doors.

 

 

Policy Position

 

Under policy HRS1 applications for hours within the Council’s core hours policy would generally be granted, subject to not being contrary to other policies in the Statement of Licensing Policy (“SLP”).

 

 

 

DECISION

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to Grant the application.

 

Mr Stewart, representing the Applicant, described how the Premises was a very small store which had operated as a family run business for 30 years. The application sought to permit off sales of alcohol in order to increase the sales mix of the business during what were very challenging times due to the Covid-19 pandemic. The application was not seeking to attract further customers into the store but instead was seeking to increase the spend of existing customers by providing further variety. Mr Stewart confirmed that conditions had been agreed with the Police, who had subsequently withdrawn their representation, and these included restricting to 15% the sales area for alcohol and prohibiting the sale of any super strength beers or lagers. It was also highlighted that the hours sought were within the Council’s Core Hours Policy and the Premises was not located within a Cumulative Impact Area (CIA). The relevance of several  ...  view the full minutes text for item 2.