Agenda and minutes

Licensing Sub-Committee (2) - Thursday 6th October, 2016 10.00 am

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

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.

FERNANDEZ & WELLS LIMITED, 73 BEAK STREET W1 pdf icon PDF 3 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End / West End Cumulative Impact Area

Fernandez & Wells Limited,

73 Beak Street W1

New

16/06672/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 6th October 2016

 

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

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Claire Hayes

 

Relevant Representations:         Environmental Health, 1 Ward Councillor, 8 local residents and 1 business.

 

Present:  Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Mr Rick Wells (Chief Executive Officer, Applicant Company), Ms Sally Thomas (Environmental Health), Councillor Glenys Roberts (West End Ward Councillor), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – on behalf of Mrs Liz Callingham, Mr Bijan Seghatchian and Dr Joshua Sofaer), Mrs Liz Callingham and Mr Bijan Seghatchian (local residents).

 

Fernandez & Wells Limited, 73 Beak Street, W1

16/06672/LIPN

 

1.

Sale by Retail of Alcohol (On)

 

 

Monday to Saturday:                            10:00 to 23:00

Sunday:                                                 12:00 to 22:00

 

 

Amendments to application advised at hearing:

 

 

During the hearing, Mr Wells offered to reduce the terminal hour on Monday to Saturday to 22:00 hours.

 

 

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

 

 

The Sub-Committee asked Mr O’Maoileoin, representing the Applicant, to particularly focus when addressing Members on responding to the concerns that had been raised by Mr Seghatchian prior to the hearing and also on how the application would not add to cumulative impact in the West End Cumulative Impact Area.  Mr Seghatchian had brought to Members’ attention that he had been corresponding with Glynn Franks, City Inspector at the City of Westminster, regarding customers eating and drinking in the outside area at the Applicant’s premises in Lexington Street.  This was not part of the licensed area on the premises licence.  Mr Seghatchian had provided what appeared to be photographic evidence to the Sub-Committee.  The Enforcement Team had confirmed that the communications referred to by Mr Seghatchian had taken place with the premises licence holder.

 

Mr O’Maoileoin stated it was his understanding that matters at Lexington Street had been resolved.  The issue of the use of the outside area had occurred because there had been a misunderstanding on the part of staff where the licensed area starts and ends.  He advised the Sub-Committee that the lease for the premises included the outside area.  It had been pointed out by Mr Franks that the outside area did not form part of the licensed premises and this was now accepted by the licence holder.  Mr Wells, addressing the Sub-Committee, apologised that residents had been adversely affected by the use of the outside area and accepted that it needed to be addressed.  He made the point that if it had been a constant issue for residents, he had not been aware of it.  He had been aware of the recent complaint following the visit by Mr Franks.  There had been a misunderstanding that the lightwell formed part of the licensed premises.  He believed the problem had now been dealt with.  Mr Wells added that Mr Franks had been of the view that the operation of the premises was not a major concern to the  ...  view the full minutes text for item 1.

2.

LEICESTER SQUARE GARDENS, LEICESTER SQUARE WC2 pdf icon PDF 9 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s / West End Cumulative Impact Area

Leicester Square Gardens, Leicester Square WC2

New

16/08044/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 6th October 2016

 

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

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Sue Patterson

 

Relevant Representations:         Environmental Health, Metropolitan Police, Licensing Authority and 1 local resident.

 

Present:  Mr Alun Thomas (Solicitor, representing the Applicant), Mr Charlie Wood (Managing Director, Applicant Company), Ms Sarah Fleming (Operations Manager, Applicant Company), Ms Sally Thomas (Environmental Health), Sergeant Paul Hoppe (Metropolitan Police) and Mr Steve Rowe (Licensing Authority).

 

Leicester Square Gardens, Leicester Square, WC2

16/08044/LIPN

 

1.

Regulated Entertainment: Plays and Performance of Dance (Indoors)

 

 

Monday to Thursday:                            10:00 to 23:00

Friday to Saturday:                               10:00 to 00:00

Sunday:                                                 10:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

This was an application for a new premises licence to operate on a seasonal basis for three years.  The dates applied for were 11 November 2016 to 8 January 2017, 10 November 2017 to 7 January 2018 and 9 November 2018 to 6 January 2019.  The Sub-Committee heard from Mr Thomas, representing the Applicant that bar use was sought for the 600 seater Spiegeltent and also in relation to the Christmas market.  The Spiegeltent would contain the show La Soiree which Mr Thomas and Mr Wood stated had been held at South Bank for a number of years and had not caused any complaints.  The show had also had a two years run at Hippodrome and had received an Olivier award.  It had also been featured in Edinburgh and Hong Kong.  The show was described as a ‘concoction of cabaret’ and included musicians, singers, acrobats, magicians and contortionists.  Mr Thomas commented that in respect of the Christmas market that there would be 27 stalls including merchandise, food and background music. 

 

Mr Thomas clarified in response to a question from the Sub-Committee that there would be mandatory bag searches.  He also confirmed that there would be no off-sales.  Mr Thomas raised some of the reasons as to why he believed that the application should be seen as an exception to policy in the West End Cumulative Impact Area.  These included that he believed that the area was covered by the Council’s area licences.  They had not been used in this instance because they were not deemed to be fit for purpose.  However, the Applicant Company had worked closely with the Council’s Special Events Team and there were more conditions proposed for this application than in the area licences.  Mr Thomas also referred to the application being an exception on the basis that there was combined use and it was a performance venue under Policy PVC2.  In order to obtain alcohol in the Spiegeltent, it was necessary to purchase a ticket.  It was also the view of the Applicant that the primary use was not to consume alcohol and that there would be a steady turnover of customers.  There were two floors where alcohol could  ...  view the full minutes text for item 2.