Agenda and minutes

Licensing Sub-Committee (2) - Thursday 27th April, 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:

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.

85 Piccadilly, W1 pdf icon PDF 3 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / not in cumulative impact area

85 Piccadilly, W1

New

17/01572/LIPN

 

 

 

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 27th April 2017

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health and 22 x local residents.

 

Present:  Mr Stephen Walsh QC (Representing the Applicant), Mr Alun Thomas (Solicitor, on behalf of the Applicant), Ms Tatiana Fokina (Director and Chief Executive Officer, Applicant Company), Mr Lee Starling (Project Manager), Mr Ollie Dabbous (Head Chef), Mr Oskar Kinberg (Premises Manager) and Mr Adrian Studd (Licensing Consultant), Mr Dave Nevitt (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing 16 residents), Mr Andrew Jones (representing himself as local resident, residents of 85 Piccadilly/47 Clarges Street, 89 Piccadilly and 17 Clarges Street), Ms Laura Hodgson, Mr Thomas Jones and Mr Huw Jones (local residents).

 

85 Piccadilly, W1

17/01572/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Saturday:                            23:00 to 01:00

Sunday:                                                 23:00 to 23:30

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr Walsh, representing the Applicant.  He explained that the information relating to the planning application had been submitted as part of the report because many of the objections from residents were of a planning nature.  The report included sound attenuation information.  The view on behalf of the Applicant was that the granting of planning permission in 2013 was material to the current application.  The planning permission was for the use of the basement, ground and mezzanine floors as a restaurant and included the location of the main entrance.  The planning application permitted a capacity of 330 and a closing time of 01:00.  Mr Walsh advised that the Applicant was seeking a capacity of 250 and closure at 01:00.  The sale of alcohol was sought until 00:40.

 

Mr Walsh referred to the premises history, including that the building had been constructed in 1970.  Permission for restaurant use had been granted at ground and mezzanine floor level and nightclub use had been granted at basement level.  These premises had traded on this basis until 2011 when the nightclub licence was revoked.  However, the planning status for the basement remained as a nightclub until the 2013 planning application.  There was a car park level which separated residents from the restaurants and nightclub.

 

Mr Walsh advised the Sub-Committee that the Applicant Company, Hedonism Drinks Limited, is a fine wine merchant with a wine shop in Davies Street, Mayfair.  Following the granting of planning permission, £10m had been invested already in the premises with £5m being spent on acquisition and £5m on internal and external improvements, including triple glazing and sound attenuation measures. A further £9m to £10m was due to be spent on the operation.

 

Mr Walsh stated that assurances had been made to the Council that the premises would operate as a fine dining restaurant.  The Applicant had waited to make an application until they had a chef and  ...  view the full minutes text for item 1.

2.

Crocker's Folly, 24 Aberdeen Place, NW8 pdf icon PDF 512 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Regent’s Park Ward / not in cumulative impact area

Crocker’s Folly, 24 Aberdeen Place, NW8

Variation

17/00767/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 27th April 2017

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health, 2 Ward Councillors and 15 local residents.

 

Present:  Mr John Lisle (Solicitor, representing the Applicant), Mr Anil Drayan (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing 4 residents – Dr Alan Roth, Mrs Stefanie Roth, Mrs Anna Sinclair and Ms Jendy Whitten Ziben) and Dr Alan Roth, Mrs Stefanie Roth and Mr Jon Peters (local residents).

 

Crocker’s Folly, 24 Aberdeen Place, NW8

17/00767/LIPV

 

1.

Conditions being varied, added or removed

 

 

Condition

Proposed variation

Condition 24:

After 21:00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g.to smoke, shall not be permitted to take drinks or glass containers with them.

 

Condition 24:

After 23:00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g to smoke, shall not be permitted to take drinks or glass containers with them.

Condition 26:

After 21:00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g to smoke, shall be limited to 10 persons at any one time.

 

Condition 26:

After 23:00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g to smoke, shall be limited to 10 persons at any one time.

Condition 27:

All outside tables and chairs shall be rendered unusable by 21:00 hours and the external area to the left of the entrance door as you face the premises shall be rendered unusable by 19:00 hours each day.

Condition 27:

All outside tables and chairs shall be rendered unusable by 23:00 hours and the external area to the left of the entrance door as you face the premises shall be rendered unusable by 19:00 hours each day.

 

Condition 29:

No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 21:00 hours and 08:00 hours.

Condition 29:

No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 08:00 hours.

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

Mr Lisle, representing the Applicant, explained that the purpose of the application was to extend the hours for the use of the external area to the right of the entrance door.  It was currently permitted until 21:00 hours and the Applicant was seeking a terminal hour of 23:00.  Mr Lisle informed Members that the Applicant had been running the premises for two years and it was not a profitable enterprise.  Crocker’s Folly did not open on Mondays.  The additional two hours would make a difference. 

 

Mr Lisle stated that his client accepted that the use of the external area to the left of the entrance door should not be extended beyond 19:00 hours because of the location of the local residents.  However,  ...  view the full minutes text for item 2.

3.

Foxlow, 8-10 Lower James Street, W1 pdf icon PDF 10 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

Foxlow, 8-10 Lower James Street, W1

Variation

17/02305/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 27th April 2017

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Heidi Lawrance

 

Relevant Representations:         Environmental Health, the Licensing Authority, the Soho Society and 2 local residents.

 

Present:  Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Ms Ayesha Bolton (Environmental Health) and Mr Steve Rowe (Licensing Authority)

 

Foxlow, 8-10 Lower James Street, W1

17/02305/LIPV

 

1.

Late Night Refreshment (Indoors)

 

 

From

To

 

Monday to Thursday 23:00 to 23:30

Friday and Saturday 23:00 to 00:00

 

Monday to Thursday 23:00 to 23:30

Friday and Saturday 23:00 to 01:00

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee heard from Mr O’Maoileoin, representing the Applicant.  He informed the Sub-Committee that Foxlow at 8-10 Lower James Street was due to open shortly (8 May 2017).  He referred to the fact that an application for the premises had been granted Core Hours by the Sub-Committee in June 2016 and the conditions attached to the premises licence had included the Council’s model restaurant condition, MC66. 

 

Mr O’Maoileoin stated that Foxlow is part of the Hawksmoor group and he described it as a neighbourhood premises with a slightly cheaper menu than the Hawksmoor restaurants.  He drew Members’ attention to there being Foxlow restaurants in Balham, Chiswick and Clerkenwell.  There were also a number of Hawksmoor premises across London.  In relation to Westminster there are two Hawksmoor restaurants at Langley Street (Seven Dials) and Air Street.  Mr O’Maoileoin commented that the two Westminster restaurants at Langley Street and Air Street were permitted to open until the proposed terminal hour sought for 8-10 Lower James Street and had limited bar use. 

 

Mr O’Maoileoin emphasised that a number of the Hawksmoor/Foxlow premises are located in residential areas and that management have a good relationship with residents.  He stated that an example of a good relationship with residents is with Covent Garden Community Association in respect of the Seven Dials premises.  Mr O’Maoileoin advised the Sub-Committee that Liz Callingham who often expresses concerns about applications for new licensed premises in the West End Cumulative Impact Area had discussed this particular application at 8-10 Lower James Street with Foxlow representatives and her concerns in relation to this application had been addressed.  She had not maintained her representation.  Mr O’Maoileoin explained that Mrs Callingham’s concerns for the current application had been in relation to customer dispersal potentially causing a nuisance and that the establishment did not become a bar.  The application had been amended following discussions with her.  A condition had been offered that on Fridays and Saturdays the area immediately outside the restaurant would be monitored by staff so as to ensure that customers leave quietly. He believed that it was significant that Mrs Callingham was likely to be the nearest resident to 8-10 Lower James Street and she had withdrawn her representation.

 

Mr O’Maoileoin addressed  ...  view the full minutes text for item 3.

4.

Leon, Astoria House, 62 Shaftesbury Avenue, W1 - APPLICATION NOW ADJOURNED TO A FUTURE MEETING

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

St James’s Ward / West End Cumulative Impact Area

Leon, Astoria House, 62 Shaftesbury Avenue, W1

New

17/01088/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 27th April 2017

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

Leon, Astoria House, 62 Shaftesbury Avenue, W1

17/01088/LIPN

 

 

Application adjourned to a future meeting date.