Agenda and minutes

Licensing Sub-Committee (2) - Thursday 14th January, 2016 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. 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:

There were no declarations of interest.

 

1.

Cleveland Arms Public House, 28 Chilworth Street, W2 pdf icon PDF 1 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Lancaster Gate Ward / not applicable 

Cleveland Arms Public House, 28 Chilworth Street, W2

Variation

15/09112/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 14th January 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbidge and Councillor Rita Begum.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

 

 

Cleveland Arms Public House, 28 Chatworth Street, W2

15/09112/LIPV

 

Application adjourned prior to the hearing.

 

 

2.

58 Brewer Street, W1 pdf icon PDF 3 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End 

58 Brewer Street, W1

New

15/10264/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 14th January 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbridge and Councillor Rita Begum.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Licensing Officer:    Yolanda Wade

 

Relevant Representations: Environmental Health, Metropolitan Police, Great Pulteney Street and Bridle Lane Residents Association, The Soho Society and twelve local residents.

 

Present:  Mr Alun Thomas (Solicitor representing the Applicant Company), Mr Andrew Price (Applicant Company), Ian Watson (Environmental Health), PC Reaz Guerra (Metropolitan Police), Mr Richard Brown (Westminster Citizens Advice Bureau, representing local residents Mr Leslie Hardcastle, Mrs Wendy Hardcastle, Ms Marina Tempia, Ms Isabel Anderton and Mr Tino Giglio-Vigna), Mrs Wendy Hardcastle and Ms Marina Tempia.

 

 

58 Brewer Street, W1

15/10264/LIPN

 

1.

Late night refreshment

 

 

Monday to Saturday: 23:00 to 01:00

 

 

On the morning that Greenwich Mean Time changes to British Summer Time, one hour to be added to the terminal hour.

 

To be extended from the terminal hour on New Year’s Eve through to the commencement time on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

Withdrawn: Additional hour on the morning that Greenwich Mean Time changes to British Summer Time.

 

 

 

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

 

Mr Thomas, representing the Applicant Company, began by confirming that the application had been amended in respect of sale of alcohol to an earlier terminal hour from 01:00 to 00:30 Monday to Saturday. Mr Thomas also confirmed the withdrawal of proposals for an additional hour to all licensable activities applied for and opening hours on the morning Greenwich Mean Time changes to British Summer Time (BST), following the legal adviser to the Sub-Committee, Barry Panto, advising that as the application proposed to close the premises at 01:00 Monday to Saturday, this would be exactly the same time when BST would commence.

 

Mr Thomas referred to additional document from the Applicant Company which sought address policy issues and concerns raised in the representations. He acknowledged that although the area was partly residential, there were also a significant amount of businesses and he considered the area mixed use. The Applicant Company, Shaftesbury Soho Ltd, had bought the premises that had previously operated as a café opening at 6.00am. The premises had planning permission for A3 use and for use of an extract plant.

 

Mr Price, from the Applicant Company, then addressed the Sub-Committee. Mr Price explained that previous owners of the property lived above the café and shared W/C facilities with it. Upon purchasing the premises which included both the café and the property above it, the Applicant Company had undertaken significant structural modifications and repairs, including installing additional soundproofing, double-glazed sash windows and completing a noise assessment. Local residents had been made aware that the application was for a licensed premises. In respect of the loss of the all day café, Mr Price contended that the opening of a Bills restaurant further down the street had taken some if its trade. The application  ...  view the full minutes text for item 2.

3.

Zelman Meats, 2 St Anne's Court, W1 pdf icon PDF 4 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End 

Zelman Meats, 2 St Anne's Court, W1

Variation

15/08707/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 14th January 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbridge and Councillor Rita Begum.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Licensing Officer:    Yolanda Wade

 

Relevant Representations: Environmental Health and seven local residents

 

Present:  Mr Stephen Walsh QC (Counsel representing the Applicant Company), Mr Thomas O’Maoileoin (Solicitor representing the Applicant Company), Mr Nick Chambers (Project Manager, Applicant Company), Mr Daniel Luigi (Designated Premises Supervisor, Applicant Company), Mr Ian Watson (Environmental Health), Mr Richard Brown (Westminster Citizens Advice Bureau, representing local residents Ms Rebecca Taylor and Mr Niall MacAnna), Ms Rebecca Taylor and Mr Niall MacAnna.

 

 

Zelman Meats, 2 St Anne’s Court, W1

15/08707/LIPV

 

1.

Proposed Variation

 

 

Change of layout, including inter alia

  • Re-arrangement of fixed seating
  • Moving of partition further away from bar area
  • Relocation of oyster bar
  • Removal of former cold station to be replaced by freestanding tables and chairs
  • Some reconfiguration of back-of-house area

 

 

 

Amendments to application advised at hearing:

 

Additional conditions proposed in a minor variation application were noted:

 

1.         The extract plant shall be switched off at 23:00 hours.

2.         Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

3.         A direct telephone number for the manager at the premises shall be publically available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

4.         The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

5.         The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

 

 

 

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

 

Mr Walsh QC, Counsel representing the Applicant Company, began by advising that the application was only to modify existing plans and to refurbish the premises and not to extend the licensable activities or the hours for any licensable activities. He explained that before the Applicant Company had occupied the premises, it had operated as a bar called Revolution and had been associated with a number of complaints from residents. Upon taking over the premises, the Applicant Company had operated it as a restaurant (Rex and Mariano) with the full restaurant model condition on the premises licence. The premises had initially operated as a fish restaurant, however it now operated as a restaurant offering high quality meats, primarily in offering beef dishes. The change in the nature of the restaurant was driven by the need to boost trade, particularly at lunchtime. Mr Walsh emphasised that the premises still operated as a restaurant and all alcohol served was ancillary to a meal.

 

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

4.

Itsu, 31 Broadwick Street, W1 pdf icon PDF 1015 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward / West End 

Itsu, 31 Broadwick Street, W1

New

15/09829/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 14th January 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Susie Burbridge and Councillor Rita Begum.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Licensing Officer:    David Sycamore

 

Relevant Representations: The Soho Society and two local residents.

 

Present: Mr Mark Browning (Solicitor, representing the Applicant Company) and Ms Nuala Harkin (Operations Manager for the Applicant Company).

 

 

Itsu, 31 Broadwick Street, W1

15/09829/LIPN

 

1.

Sale by Retail of Alcohol: On and Off Sales

 

 

Monday to Saturday: 10:00 to 21:00

 

Sunday: 12:00 to 21:00

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

This was an application to sell alcohol from a restaurant operating in the West End Cumulative Impact Area. Mr Browning, Licensing Agent and representing the Applicant Company, began by stating that residents who had made representations had been sent letters to address their concerns.  An earlier application made in 2013 had been withdrawn following concerns that it may encourage vertical drinking. Mr Browning stated that as this application was to sell alcohol only up to 21:00, there would be a very low impact on the area. Fresh food would be prepared on the premises on the same day that it was sold and food allergies were also catered for. Mr Browning advised that the Applicant Company wanted to sell a particular brand of Japanese beer that would only be supplied to customers who were seated and also having a meal. Beer for take away would be placed in sealed bags and was mainly to cater for the business market. Mr Browning advised that all conditions had been agreed with Environmental Health and that the Applicant Company had other premises in cumulative impact areas that operated without any problems and it worked with residents to address any concerns.

 

In reply to a query from Members, Mr Browning advised that the Applicant Company had other branches in Neal Street, Baker Street, Piccadilly, The Strand and Wardour Street. He added that the Applicant Company had responded to a Licensing Sub-Committee’s request to improve recycling at a previous hearing, with a new recycling policy in place offering a comprehensive recycling scheme, including recycling of food.  A new waste contractor had also been appointed and larger recycling storage bins had been introduced. Mr Browning requested that a condition requiring that there be no self-service of alcohol be removed, as the alcohol was stored in fridges before customers would arrive at the serving counter.

 

Members noted the written representations from the local residents and the Soho Society and had regard to the fact that the premises was situated in the West End Cumulative Impact Area. However, the Sub-Committee also took account of the fact that the premises would not be drink led and would close by 21.30 every evening. It was also noted that there had been no objection from the Police and Environmental Health had withdrawn their representation upon the Operating Schedule being amended to  ...  view the full minutes text for item 4.