Agenda and minutes

Licensing Sub-Committee (2) - Thursday 9th February, 2017 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:

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.

Piquet Restaurant, 92 Newman Street, W1 pdf icon PDF 1000 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact Area

Piquet Restaurant, 92 Newman Street, W1

Variation

16/13999/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 9th February 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Rita Begum.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:  Sumeet Anand-Patel

 

Relevant Representations: Licensing Service, Environmental Health, Metropolitan Police, Mr Linus Rees (Fitzrovia Neighbourhood Association), Ms Gabrielle Dolan (Local Resident), Mr Sacha Brooks (Local Resident) and Ms Alison Matthews (Local Resident).

 

Present:  Mr Alex Cohen Goldstein (Applicant Company), Ms Michelle Reghini (Applicant Company), Mr Steven Rowe (Licensing Authority), Mr Maxwell Koduah (Environmental Health), PC Bryan Lewis (Metropolitan Police) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Project, representing local residents Mr Linus Rees, Mr Sacha Brooks and Ms Alison Matthews).

 

Councillor Julia Alexander and Councillor Karen Scarborough were also in attendance to observe.

 

 

Piquet Restaurant, 92 Newman Street W1

16/13999/LIPV

 

1.

 

Conditions being varied or added

 

 

 

Existing Condition

Proposed Condition

 

Condition 28 on existing licence:

 

No deliveries to the premises shall take place

between 23.00 and 08.00 hours.

 

 

Condition 28:

 

No deliveries to the premises shall take place between 23.00 and 04.00 hours.

Condition 9 on existing licence:

 

The premises shall only operate as a

restaurant:

(i) in which customers are shown to their

table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of

substantial table meals that are prepared on the premises and are served and consumed at

the table using non disposable crockery,

(iv) which do not provide any take away service of food or drink for immediate consumption,

(v) which do not provide any take away service of food or drink after 23.00, and

(vi) where alcohol shall not be sold or

supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

Notwithstanding this condition, 6 customers only are permitted to order and consume alcohol in the Ground Floor holding bar area hatched black on the plan only if they are waiting for their table to have their meal or already had a meal.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

Condition 9 – to apply to ground floor only:

 

The premises shall only operate as a

restaurant:

(i) in which customers are shown to their table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which do not provide any take away service of food or drink for immediate consumption,

(iv) which do not provide any take away service of food or drink after 23.00, and

(v) where alcohol shall not be sold or

supplied, otherwise than for consumption by persons who are seated in the premises and

bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such  ...  view the full minutes text for item 1.

2.

Chicken Cottage, 135 Praed Street, W2 pdf icon PDF 759 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Hyde Park Ward / not in cumulative impact area

Chicken Cottage, 135 Praed Street, W2

New

16/11887/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 9th February 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Rita Begum.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:  Sumeet Anand-Patel

 

Relevant Representations: Environmental Health, Metropolitan Police, Mr Mark Strudwick (Local Resident) and Mr John Zamit (Chairman, South East Bayswater Residents’ Association),

 

Present:  Mr Meri (Applicant’s Representative), Mr Hasan Syed (Applicant), Mr Maxwell Koduah (Environmental Health), PC Sandy Russell (Metropolitan Police), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Project, representing Mr John Zamit, South East Bayswater Residents’ Association) and Mr John Zamit (Chairman, South East Bayswater Residents’ Association).

 

Councillor Julia Alexander and Councillor Karen Scarborough were also in attendance to observe.

 

 

Chicken Cottage, 135 Praed Street W2

16/11887/LIPN

 

1.

 

Late Night Refreshment

 

 

 

Monday to Saturday: 23:00 to 02:00

Sunday: 23:00 to 01:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Mr Meri (Applicant’s Representative) began by stating that the Applicant, Mr Syed wanted hours for licensable activities to mirror the hours of the premises’ planning permission granted at a planning appeal hearing in August 2016. The Applicant had managed the premises for around 5 years and the CCTV requested by the Police was already in place. Mr Meri indicated that the applicant would be content to agree the conditions suggested by Environmental Health. The Applicant had identified demand to provide late night refreshment and other premises in the area, such as Subway, already operated to later hours.

 

Members enquired what the proportion of seated customers to take away customers was. Mr Syed (Applicant) replied that the proportion of seated customers to take away customers was roughly equal.

 

Mr Koduah (Environmental Health) confirmed that he had checked the history of the premises going back to 2012 and there had been no complaints recorded that were directly attributable to the premises. However, the application to provide late night refreshment from 23:00 to 02:00 was a substantial extension to existing hours and presented a higher risk of causing public nuisance. It was also more likely that customers purchasing fast food at later hours would have been consuming alcohol beforehand and so there was an increased risk of noise and public nuisance. Mr Koduah confirmed that conditions 4, 5 and 14 on page 42 of the report had been agreed with the Applicant. In relation to the basement, he advised that 4 members of staff and the public w/c were located there, however the solitary stairway linking the ground floor to the basement was situated by the ground floor kitchen. This had been identified as a fire risk by the District Surveyor as any fire that started in the kitchen would quickly spread to the stairs and eliminate the only means of escape from the basement. For this reason the works condition 15 on pages 42-43 of the report was requested to be added to the premises licence.

 

PC Russell (Metropolitan Police) then addressed the Sub-Committee  ...  view the full minutes text for item 2.

3.

Khallouk & Taylor, 36 Moreton Street, SW1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Tachbrook Ward / not in cumulative impact area

Khallouk & Taylor, 36 Moreton Street, SW1

Variation

16/14159/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 9th February 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Rita Begum.

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Toby Howes

Presenting Officer:  Sumeet Anand-Patel

 

Relevant Representations: Mr Gavin Bader (Local Resident)

 

Present:  Ms Anna Mathias (Barrister, representing the Applicant) and Mr Lahcene Khallouk (Applicant).

 

Councillor Julia Alexander and Councillor Karen Scarborough were also in attendance to observe.

 

 

Khallouk & Taylor, 36 Moreton Street SW1V 2PD

16/14159/LIPV

 

1.

 

Sale by Retail of Alcohol: On and Off Sales

 

 

 

From:

To:

 

Monday to Sunday: 11:00 to 20:00

 

Monday to Sunday: 11:00 to 23:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

Before the Applicant made their case, the Sub-Committee noted that Environmental Health and the Police had withdrawn their representations after agreeing conditions with the Applicant.

 

Ms Mathias (Barrister, representing the Applicant) began by stating that the premises operated as a high end deli café with a Moroccan theme. The premises had been trading since 2004 and had been licensed in 2011. The Applicant had identified a demand from local customers to have supper with alcohol available and so he was seeking an extension of hours. Ms Mathias confirmed that the Applicant had agreed to conditions requested by Environmental Health. In respect of proposed condition 29, this had been amended by Environmental Health following discussion with the Applicant so that tables and chairs shall be rendered unusable by 23:00hours each day as there was not sufficient space to store tables and chairs indoors whilst the premises was open to the public.

 

Ms Mathias explained that the premises also contained a shop and offered take away. The premises had A1 planning use permission and so no primary cooking was permitted on the premises. Ms Mathias referred to the menu in the report and stated that the alcohol offer was limited and relatively high priced and no drink promotions were offered. Conditions 13, 14, 15, 18 20 and 21 in the report that were on the existing premises licence were all concerned with regulating supply and consumption of alcohol. Ms Mathias stated that the application had a large degree of support from the local community, with the customer base mainly from residents in the surrounding streets. There had also been a petition containing some 200 signatures in support of the application. Ms Mathias stated that the Chair of the Moreton Triangle Residents’ Association had also emailed the Applicant supporting the application and commending him as a highly responsible operator and an asset to the community.

 

With regard to the resident objecting to the application, Ms Mathias stated that it was understood that he was often absent from the area and he had not responded to attempts by the Applicant to contact him. Furthermore, 3 of the 6 residents living in the neighbouring flats to his had signed the petition in support of the application. Members heard that Environmental Health had no recorded  ...  view the full minutes text for item 3.