Agenda and minutes

Licensing Sub-Committee (2) - Thursday 1st December, 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.

Units 2.14 to 2.16, Kingly Court, W1 pdf icon PDF 595 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact Area

Units 2.14 to 2.16, Kingly Court, W1

New

16/09904/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st December 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations:    The Soho Society.

 

Present: Mr Alun Thomas (Solicitor, Representing the Applicant) and Ms Shelley Webb (Applicant).

 

Units 2.14 to 2.16, Kingly Court, London

16/09904/LIPN

1.

Late Night Refreshment – Indoors

 

Monday to Thursday: 23:00 – 23:30

Friday to Saturday: 23:00 – 00:00

 

Seasonal Variations/Non-Standard Timings:

 

New Year’s Eve: 23:00 to 05:00.

 

Sundays before bank holidays until 00:00.

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee considered an application by Shaftesbury Carnaby Limited for a new premises licence in respect of Units 2.14 to 2.16, Kingly Court, London, W1B 5PW.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and advised that following dialogue with the applicant and the agreement to a number of proposed conditions, the Police, Environmental Health and one local resident had now withdrawn their representations, however, one representation from the Soho Society remained.

 

Mr Thomas, representing the applicant, addressed the Sub-Committee and described how Kingly Court was a successful and very popular food court which had not had any significant impact on the local amenity. There was currently no tenant in place for the premises but the applicant, Shaftesbury Carnaby Ltd, would ensure they would be reputable and responsible. CCTV security would also be in place to ensure there was security twenty-four hours a day. The application was only seeking core hours and the premises would have a capacity of sixty customers plus staff. There was only one representation and this had been received from the Soho Society. It was suggested that the model conditions they had requested to be placed on the licence regarding the service of food, Model Conditions 38 and 39 were actually less stringent than Model Condition 66 which had been added to the licence. Efforts had been made to engage with the Soho Society regarding their concerns but no response had been received. It was suggested that with the conditions attached to the licence the premises would not add to the cumulative impact in the area.

 

In response to a question Ms Webb confirmed that two tenants had been identified for the premises, one offered table meals and the other provided a small plate sharing offer. It was confirmed that neither were bars providing vertical drinking.

 

The Policy Adviser provided clarification on the applicant’s proposed opening hours. It was highlighted that the hours applied for on Fridays, Saturdays and Sundays were half an hour beyond core hours. The Sub-Committee noted that core hours applied to when customers were permitted to be on the premises and were not just for licensable activities.

 

In determining the matter, the Sub-Committee was satisfied that the conditions attached to the Premises licence were appropriate and proportionate. It was therefore considered by the Sub-Committee  ...  view the full minutes text for item 1.

2.

Sophisticats, Basement And Part Ground Floor, 3-7 Brewer Street, W1 (New premises licence) pdf icon PDF 49 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area

Sophisticats, Basement And Part Ground Floor, 3-7 Brewer Street, W1

New

16/09817/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st December 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations:    The Licensing Authority, Environmental Health, the Metropolitan Police, three Ward Councillors, nine local residents and the Soho Society.

 

Present: Miss Sarah Le Fevre (Counsel, Representing the Applicant), Mr John McKeown and Simon Langer (Applicants), Ms Carmen Alonso (Proposed DPS), Mr Richard Vivian (Acoustic Consultant for the Applicants), Mr Anil Drayan (Environmental Health “EH”), Sgt Paul Hoppe (Metropolitan Police “The Police”), Mr Steve Rowe (Licensing Authority), Councillors Glenys Roberts, Jonathan Glanz and Paul Church (Ward Councillors), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing three local residents and the Soho Society) and Mr Conrad Roeber, Mr Grant Gillespie, Ms Shivaun Nelson (local residents).

 

Sophisticats, Basement and Part Ground Floor, 3-7 Brewer Street, London, W1F 0RD

16/09817/LIPN

1.

Late Night Refreshment – Indoors

 

Monday to Sunday: 23:00 – 05:00

 

Seasonal Variations/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s day.

 

An additional hour when British summer time commences.

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee considered an application by Devine Restaurants Limited for a new premises licence in respect of Basement and Part Ground Floor, 3-7 Brewer Street, London, W1F 0RD.

 

The Chairman confirmed that the applicant had submitted four different applications for the premises and all parties present agreed that they should be heard simultaneously. The Sub-Committee noted that the applications, were covered by separate legislation, namely, the Licensing Act 2003 for a new premises licence and the Local Government (Miscellaneous Provisions) Act 1982 relating to the transfer, grant and renewal applications of the SEV.

 

The Chairman gave a summary of how the proceedings were to be conducted during the course of the hearing and reminded all parties that had made representations they would only be allowed to participate in respect of those applications where they had made a valid representation .

 

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that all the residents in attendance had waived their right to anonymity.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Miss Le Fevre, representing the applicant, addressed the Sub-Committee and explained that the applicants were very professional operators and had between them a total of some eighty-five years’ experience in running similar types of premises. Significant investment of £1.78 million had been undertaken at the premises which reflected the structural and acoustic improvements carried out to ensure the property was upgraded to become a model sexual entertainment venue (SEV). The Sub-Committee noted that an abundance of detailed evidence had been submitted in support of  ...  view the full minutes text for item 2.

3.

Sophisticats, 3-7 Brewer Street, W1 (Renewal of SEV premises licence application) pdf icon PDF 11 MB

App

No

Ward / locality

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / Core CAZ North

Sophisticats, 3-7 Brewer Street, W1

Renewal of Sexual Entertainment Venue premises licence

16/10288/LISEVR

 

 

 

 

Minutes:

  LICENSING SUB-COMMITTEE No. 2

Thursday 1st December 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations: The Metropolitan Police and two Ward Councillors.

 

Present:         Miss Sarah Le Fevre (Counsel, Representing the Applicant), Mr John McKeown and Simon Langer (Applicants), Ms Carmen Alonso (Proposed DPS), Mr Richard Vivian (Acoustic Consultant for the Applicants), Mr Anil Drayan (Environmental Health “EH”), Sgt Paul Hoppe (Metropolitan Police (“The Police”), Mr Steve Rowe (Licensing Authority), Councillors Glenys Roberts, Jonathan Glanz and Paul Church (Ward Councillors), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing three local residents and the Soho Society) and Mr Conrad Roeber, Mr Grant Gillespie, Ms Shivaun Nelson (local residents).

 

Sophisticats, 3-7 Brewer Street, London, W1F 0RD

16/10288/LISEVR

 

1.

Renewal  of a Sexual Entertainment Venue Premises Licence

 

The application was to renew the sexual entertainment venue premises licence to provide relevant entertainment namely partial nudity in the designated area between the hours of 09:00 to 03:00 on each of the days Monday to Saturday and 09:00 to 23:00 on Sundays. The application had not requested change to the relevant entertainment or to remove any standard conditions to the licence if the application is granted.

 

 

Amendments to application advised at hearing:

 

The applicant agreed to reduce the capacity to 100 persons (excluding staff and performers).

 

 

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

 

The Sub-Committee considered an application by Devine Restaurants Limited to renew the sexual entertainment venue premises licence in respect of Basement and Part Ground Floor, 3-7 Brewer Street, London, W1F 0RD. The Sub-Committee granted the application with the conditions as specified below.

 

The Chairman confirmed that the applicant had submitted four different applications for the premises and all parties present agreed that they should be heard simultaneously. The Committee noted that the applications, were covered by separate legislation, namely, the Licensing Act 2003 for a new premises licence and the Local Government (Miscellaneous Provisions) Act 1982 relating to the transfer, grant and renewal applications of the SEV.

 

The Chairman gave a summary of how the proceedings were to be conducted during the course of the hearing and reminded all parties that had made representations they would only be allowed to participate in respect of those applications where they had made a valid representation

 

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that all the residents in attendance had waived their right to anonymity.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Miss Le Fevre, representing the applicant, addressed the Sub-Committee and explained that the applicants were very professional operators and had between them a total of some eighty-five years’ experience in running similar types of premises. Significant investment of £1.78 million had  ...  view the full minutes text for item 3.

4.

Sophisticats, 3-7 Brewer Street, W1 (Transfer of SEV licence application) pdf icon PDF 10 MB

App

No

Ward / locality

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward / Core CAZ North

Sophisticats, 3-7 Brewer Street, W1

Transfer of Sexual Entertainment Venue premises licence

16/09946/LISEVT

 

 

 

 

Minutes:

  LICENSING SUB-COMMITTEE No. 2

Thursday 1st December 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations: The Metropolitan Police and two Ward Councillors.

 

Present:         Miss Sarah Le Fevre (Counsel, Representing the Applicant), Mr John McKeown and Simon Langer (Applicants), Ms Carmen Alonso (Proposed DPS), Mr Richard Vivian (Acoustic Consultant for the Applicants), Mr Anil Drayan (Environmental Health “EH”), Sgt Paul Hoppe (Metropolitan Police (“The Police”), Mr Steve Rowe (Licensing Authority), Councillors Glenys Roberts, Jonathan Glanz and Paul Church (Ward Councillors), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing three local residents and the Soho Society) and Mr Conrad Roeber, Mr Grant Gillespie, Ms Shivaun Nelson (local residents).

 

Sophisticats, 3-7 Brewer Street, London, W1F 0RD

16/09946/LISEVT

 

1.

Transfer of a Sexual Entertainment Venue Premises Licence

 

The application was to transfer the sexual entertainment venue premises licence to provide relevant entertainment namely partial nudity in the designated area between the hours of 09:00 to 03:00 on each of the days Monday to Saturday and 09:00 to 23:00 on Sundays. The application had not requested change to the relevant entertainment or to remove any standard conditions to the licence if the application is granted.

 

 

Amendments to application advised at hearing:

 

The applicant agreed to reduce the capacity to 100 persons (excluding staff and performers).

 

 

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

 

The Sub-Committee considered an application by Devine Restaurants Limited to transfer the sexual entertainment venue premises licence in respect of Basement and Part Ground Floor, 3-7 Brewer Street, London, W1F 0RD.

 

The Chairman confirmed that the applicant had submitted four different applications for the premises and all parties present agreed that they should be heard simultaneously. The Committee noted that the applications, were covered by separate legislation, namely, the Licensing Act 2003 for a new premises licence and the Local Government (Miscellaneous) Provisions Act 1982 relating to the transfer, grant and renewal applications of the SEV.

 

The Chairman gave a summary of how the proceedings were to be conducted during the course of the hearing and reminded all parties that had made representations they would only be allowed to participate in respect of those applications where they had made a valid representation

 

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that all the residents in attendance had waived their right to anonymity.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Miss Le Fevre, representing the applicant, addressed the Sub-Committee and explained that the applicants were very professional operators and had between them a total of some eighty-five years’ experience in running similar types of premises. Significant investment of £1.78 million had been undertaken at the premises which reflected the structural and acoustic  ...  view the full minutes text for item 4.

5.

Sophisticats, 3-7 Brewer Street, W1 (Variation of SEV licence) pdf icon PDF 12 MB

App

No

Ward / locality

Site Name and Address

Application

Licensing Reference Number

5.

West End Ward / Core CAZ North

Sophisticats, 3-7 Brewer Street, W1

Variation of Sexual Entertainment Venue premises licence

16/09959/LISEVV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st December 2016

 

Membership:              Councillor Nickie Aiken (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Tristan Fieldsend

Presenting Officer:     Heidi Lawrence

 

Relevant Representations: The Metropolitan Police and two Ward Councillors.

 

Present:           Miss Sarah Le Fevre (Counsel, Representing the Applicant), Mr John McKeown and Simon Langer (Applicants), Ms Carmen Alonso (Proposed DPS), Mr Richard Vivian (Acoustic Consultant for the Applicants), Mr Anil Drayan (Environmental Health “EH”), Sgt Paul Hoppe (Metropolitan Police “The Police”), Mr Steve Rowe (Licensing Authority), Councillors Glenys Roberts, Jonathan Glanz and Paul Church (Ward Councillors), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing three local residents and the Soho Society) and Mr Conrad Roeber, Mr Grant Gillespie, Ms Shivaun Nelson (local residents).

 

Sophisticats, 3-7 Brewer Street, London, W1F 0RD

16/09959/LISEVV

 

1.

Variation of a Sexual Entertainment Venue Premises Licence

 

The application was to vary the sexual entertainment venue premises licence to:

 

·         Extend the permitted terminal hours by three hours for relevant entertainment to allow licensable activities from 09:00 to 06:00 on the day following Mondays to Saturday.

 

·         Extend the permitted terminal hours by five hours for relevant entertainment to allow licensable activities from 09:00 to 05:00 on the day following Sunday.

 

·         To vary the plans attached to the existing licence to incorporate a change of layout as shown on the appended plans.

 

·         To remove conditions 24 and 25 in their entirety, so as to permit full nudity.

 

Condition 24 reads –

Authorised Relevant Entertainment shall consist only of dancers performing topless on the stage area or by table sides.

 

Condition 25 reads –

 

Performers shall at all times wear at least a G-string or similar piece of clothing on the appropriate part of the body.

 

·         To amend condition 28 to reduce the capacity by 50% from the current maximum of 280 persons, to 140 persons (excluding staff and performers).

 

 

Amendments to application advised at hearing:

 

The applicant agreed to reduce the capacity to 100 persons (excluding staff and performers).

 

 

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

 

The Sub-Committee considered an application by Devine Restaurants Limited to vary the sexual entertainment venue premises licence in respect of Basement and Part Ground Floor, 3-7 Brewer Street, London, W1F 0RD.

 

The Chairman confirmed that the applicant had submitted four different applications for the premises and all parties present agreed that they should be heard simultaneously.

 

The Chairman gave a summary of how the proceedings were to be performed and reminded all parties that had made representations they would only be allowed to participate in respect of those applications where they had made a valid representation

 

The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that all the residents in attendance had waived their right to anonymity.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity  ...  view the full minutes text for item 5.

6.

London Jade Garden, 15 Wardour Street, W1 pdf icon PDF 1 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

St James’s Ward / West End Cumulative Impact Area

London Jade Garden, 15 Wardour Street, W1

Variation

16/10204/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1 December 2016

 

Membership:            Councillor Nickie Aiken (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Heidi Lawrence

 

Relevant Representations:    The Metropolitan Police, Environmental Health and the Licensing Authority.

 

Present: Mr Jack Spiegler (Solicitor, Representing the Applicant), Mr Kenny Young (Applicant), Mr Maxwell Koduah (Environmental Health (“EH”), PC Adam Deweltz (Metropolitan Police (“The Police”) and Mr Steven Rowe (Licensing Authority).

 

London Jade Garden, 15 Wardour Street, London, W1D 6PH

16/10204/LIPV

 

1.

Recorded Music – Indoors

 

Current

 

Monday to Thursday: 10:00 – 23:30

Friday to Saturday: 10:00 – 00:00

Sunday: 12:00 – 22:30

 

Proposed

 

Monday to Saturday: 10:00 – 02:30

Sunday: 12:00 – 02:30

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee considered an application by London Jade Garden Limited for a variation of a premises licence in respect of London Jade Garden, 15 Wardour Street, London, W1D 6PH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

 

Mr Spiegler, representing the applicant, informed the Sub-Committee that the applicant, was a very experienced operator and had been in the restaurant industry for some forty-five years. The application was to vary the licence for a Chinese restaurant where sales of alcohol would be ancillary to pre-booked karaoke entertainment. Previously the premises had utilised TENS to enable it to extend its hours for the sale of alcohol and these events had been very successful with no complaints received from local residents. The variation to the licence now hoped to regularise these extended hours. It was also proposed to alter the layout of the premises. In exchange for granting the variation the applicant would surrender a licence in favour of licensed premises situated at 21 Lisle Street.

 

Mr Spiegler explained that agreement to the proposed conditions had been reached with EH apart from one regarding the installation of a noise limiter. The applicant wanted to reduce the capacity of the premises by thirty people from 180 to 150. It was highlighted that no local residents had objected to the proposals and the primary concerns raised were policy based.

 

The Sub-Committee noted that the proposed entertainment was karaoke which would be provided in small private dining rooms. All the rooms were soundproofed and had been used previously for karaoke during the award of TENS and it was noted no complaints had been received. Due to the discreet nature of the premises members of the public would not come in off the street and the entertainment would be pre-booked. The Sub-Committee  were directed to section 2.3.3 of the City Council’s Statement of Licensing Policy (“SLP”) which encouraged this type of entertainment and cultural activity: “The City Council wishes to see a  ...  view the full minutes text for item 6.

7.

London Jade Garden updated report - includes additional condition pdf icon PDF 1 MB