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Agenda and draft minutes

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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.

G-A-Y Late, Ground Floor, 5 Goslett Yard, WC2 pdf icon PDF 6 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact area

G-A-Y Late, Ground Floor, 5 Goslett Yard, WC2

Variation of a Premises Licence

17/08651/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 12th October 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrance

 

Relevant Representations:     Environmental Health, The Metropolitan Police, The Licensing Authority, Councillors Paul Church and Jonathan Glanz (West End Ward Councillors), Amy Lame (Night Czar), The Covent Garden Community Association, The Soho Society, one local resident and one interested party.

 

Present: Mr Craig Bayliss (Solicitor representing the applicant), Mr Jeremy Joseph (Applicant), Mr Anil Drayan (Environmental Health), Mr David Sycamore (Licensing Authority), PC Bryan Lewis (Metropolitan Police), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing The Soho Society and the Covent Garden Community Association), Mr Tim Lord (The Soho Society) and Mrs Doyle and Mr Tyler Thorne (local residents).

 

G-A-Y Late, Ground Floor, 5 Goslett Yard, London, WC2H 0EE

17/08651/LIPV

 

1.

Exhibition of Films

 

Current

 

Monday to Saturday: 09:00 to 03:00

Sunday: 12:00 to 03:00

 

Proposed

 

Monday to Saturday: 09:00 to 04:00

Sunday: 12:00 to 04:00

 

 

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 G-A-Y Group Limited for a variation of a premises licence in respect of G-A-Y Late, 5 Goslett Yard, London, WC2H 0EE.

 

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 Bayliss, representing the applicant, explained that the application before the Sub-Committee had primarily been made for commercial reasons. The premises was facing a rent and rate increase of approximately £100,000 which would have to be paid or the business would close. The applicant, Mr Jeremy Joseph, currently operated three licenced premises including G-A-Y Bar situated in Old Compton Street which acted as a feeder bar to G-A-Y Late. Allowing the premises to operate for an additional hour would generate extra income and help meet its financial commitments.  It was recognised that commercial reasons were not usually considered reasons to make an application an exception to policy. However, the circumstances surrounding the premises were unique due to the nature of the operation and the importance of preserving LGBT venues in London. Since 2006 sixteen LGBT venues had closed within Westminster itself and the importance of ensuring the remaining venues were preserved was stressed so that they could continue to provide a safe environment for the LGBT community. Mr Baylis stressed the importance of the Equality Act when the Sub-Committee was making its decision as it was central to this application. He stated that it required local authorities to have regard to advancing equality of opportunity between persons and take steps to protect persons who share a relevant protected characteristic and persons who do not share it. Mr Bayliss advised that the Act also required local  ...  view the full minutes text for item 1.

2.

Kazu Restaurants 1 Ltd, Basement And Ground Floor, 61-63 Beak Street, W1 (Variation application) pdf icon PDF 514 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact area

Kazu Restaurants 1 Ltd, Basement And Ground Floor, 61-63 Beak Street, W1

Variation of a Premises Licence

17/08781/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 12th October 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrence

 

Relevant Representations:     Environmental Health, The Licensing Authority, Councillor Glenys Roberts, the Soho Society and six local residents.

 

Present: Mr Alan Thomas (Solicitor representing the Applicant), Mr Benjamin Goldkorn (Managing Director), Mrs Sally Fabbricatore (Environmental Health), Mr David Sycamore (The Licensing Authority), Mr Patrick Franco, Ms Liz Harold and Mr Bijan Seghatchian (local residents) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing local residents).

 

Kazu restaurants 1 Ltd, Basement and Ground Floor, 61-63 Beak Street, London, W1F 9SL

17/08781/LIPV

 

1.

Layout Alteration

 

The application seeks to vary the existing premises licences to incorporate the changes of layout. The changes include:

 

Ground Floor:

·         Reposition access to the basement level

·         Reconfiguration of fixed seating booths

·         Removal of central staircase

·         Inclusion of dispense bar counter and theatre kitchen counter

·         Reconfiguration of kitchen layout

 

Basement:

·         Reposition of WC facilities

·         Reconfiguration of fixed seating booths

·         Reconfiguration of back-of-house areas

·         Inclusion of theatre kitchen and counter

·         Inclusion of private dining room

 

 

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 Kazu Restuarants 1 Ltd for a variation of a premises licence in respect of Basement and Ground Floor, 61-63 Beak Street, London, W1F 9SL.

 

The Licensing Officer provided an outline of the two applications submitted to the Sub-Committee, one for a new premises licence (17/06730/LIPN) and the second for a variation (17/08781/LIPV).

 

Following a discussion with all parties the Sub-Committee agreed to discuss both applications concurrently as the change in layout proposed in the variation application was the same for both applications.

 

Mr Thomas, representing the applicant, provided details of the layout change to the Sub-Committee. With regards to the variation Mr Thomas explained that it had not been dealt with by way of a minor variation due to objections received. If it was granted however the hours, capacity and all the current conditions on the licence would remain unchanged.

 

In terms of the new application, Mr Thomas highlighted that the change in layout proposed was exactly the same as the variation application. The application also proposed to extend the sale of alcohol and late night refreshment to core hours. It had originally been sought to permit a thirty minutes ‘drinking up’ time with regards to the opening hours but this had now been reduced in order to reflect the same hours permitted for licensable activities. If the application was granted the capacity of the premises would be reduced from 150 to 120 customers split over two floors. 60 customers would be located in the basement (an increase in capacity of 10 persons compared to the existing licence) and 60 on the ground floor (a decrease in capacity of 40 persons compared to the existing licence). Part of the application  ...  view the full minutes text for item 2.

3.

Kazu Restaurants 1 Ltd, Basement And Ground Floor, 61-63 Beak Street, W1 (new application) pdf icon PDF 1 MB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact area

Kazu Restaurants 1 Ltd, Basement And Ground Floor, 61-63 Beak Street, W1

New Premises Licence

17/06730/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 12th October 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrence

 

Relevant Representations:     Environmental Health, The Licensing Authority, Councillor Glenys Roberts, the Soho Society and six local residents.

 

Present: Mr Alan Thomas (Solicitor representing the Applicant), Mr Benjamin Goldkorn (Managing Director), Mrs Sally Fabbricatore (Environmental Health), Mr David Sycamore (The Licensing Authority), Mr Patrick Franco, Ms Liz Harold and Mr Bijan Seghatchian (local residents) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing local residents).

 

Kazu restaurants 1 Ltd, Basement and Ground Floor, 61-63 Beak Street, London, W1F 9SL

17/06730/LIPN

 

1.

Late Night Refreshment – Indoors

 

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

 

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.

 

On Sundays immediately prior to Bank Holidays to 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 Kazu Restuarants 1 Ltd for a new premises licence in respect of Basement and Ground Floor, 61-63 Beak Street, London, W1F 9SL.

 

The Licensing Officer provided an outline of the two applications submitted to the Sub-Committee, one for a new premises licence (17/06730/LIPN) and the second for a variation (17/08781/LIPV).

 

Following a discussion with all parties the Sub-Committee agreed to discuss both applications concurrently as the change in layout proposed in the variation application was the same for both applications.

 

Mr Thomas, representing the applicant, provided details of the layout change to the Sub-Committee. With regards to the variation Mr Thomas explained that it had not been dealt with by way of a minor variation due to objections received. If it was granted however the hours, capacity and all the current conditions on the licence would remain unchanged.

 

In terms of the new application, Mr Thomas highlighted that the change in layout proposed was exactly the same as the variation application. The application also proposed to extend the sale of alcohol and late night refreshment to core hours. It had originally been sought to permit a thirty minutes ‘drinking up’ time with regards to the opening hours but this had now been reduced in order to reflect the same hours permitted for licensable activities. If the application was granted the capacity of the premises would be reduced from 150 to 120 customers split over two floors. 60 customers would be located in the basement (an increase in capacity of 10 persons compared to the existing licence) and 60 on the ground floor (a decrease in capacity of 40 persons compared to the existing licence). Part of the application sought to refine the current conditions on the licence with no significant changes proposed. Several conditions had already been agreed with Environmental Health (EH) including the installation of  ...  view the full minutes text for item 3.

4.

Miabella London, Basement, 12-13 Greek Street, W1 pdf icon PDF 510 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward / West End Cumulative Impact area

Miabella London, Basement, 12-13 Greek Street, W1

Variation of a Premises Licence

17/09067/LIPV

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 12th October 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrance

 

Relevant Representations:     Environmental Health and The Licensing Authority.

 

Present: Mr Alun Thomas (Solicitor representing the Applicant), Mr Wren (Architect, on behalf of the applicant), Mrs Sally Fabbricatore (Environmental Health) and Mr David Sycamore (Licensing Authority).

 

Miabella London, Basement, 12-13 Greek Street, London, W1D 4DL

17/09067/LIPV

 

1.

Layout Alteration

 

This application seeks to include the ground floor and basement in the licensable area and alter the layout of the basement, including:

 

·         relocation of WCs (including reduction in number of male urinals & female toilets)

·         change of kitchen prep and partial beer store to general storage

·         change of cloakroom, kitchen dispense and partial beer store to front of house with fixed seating

·         increase in main staircase footprint

·         relocation and increase in size of kitchen

·         removal of some booth seating

·         removal of staff room and WC

 

 

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 Soho Estates Limited for a variation of a premises licence in respect of Miabella London, Basement, 12-13 Greek Street, London, W1D 4DL.

 

The Licensing Officer provided an outline of the application and confirmed that amended floor plans of the premises had been circulated to all parties.

Mr Thomas, representing the applicant, informed the Sub-Committee that the premises was currently closed but held an existing premises licence. The application was simply to change the layout of the premises and the Sub-Committee noted that no changes to permitted hours or activities were sought. Mr Thomas provided details of the proposed layout changes including utilising the ground floor space, introducing an acoustic lobby and increasing the size of the main staircase. Due to the changes there would be no direct access to the premises from the street and the capacity of 243 would remain the same. Allowing the use of the ground floor would ensure a wider distribution of customers throughout the venue and would also provide additional space for seating. On that basis Mr Thomas suggested the application did not constitute an intensification of use. The application had been submitted following constructive discussions with Environmental Health (EH) and the addition of a works condition.

 

Mrs Fabbricatore, representing Environmental Health, confirmed that pre-application meetings had been held with the applicant. Appropriate toilet provision for the premises had been agreed including the addition of a disabled access WC. The changes in layout were considered satisfactory and raised no concerns in terms of public safety.

 

Mr Sycamore, representing the Licensing Authority, maintained its representation as paragraph 2.4.22 of the Council’s Licensing Policy highlighted that such premises caused concern when there was direct access to the establishment from the street. Clarification was requested on what the front of the premises would look like and whether it would appear to be a bar. Mr  ...  view the full minutes text for item 4.

5.

Pilgrim Hotel, 25 London Street, W2 pdf icon PDF 494 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

Hyde Park Ward / not in cumulative impact area

Pilgrim Hotel, 25 London Street, W2

Variation of a Premises Licence

17/09121/LIPV

 

 

 

 

Minutes:

The application was withdrawn from the agenda.

6.

StayCity Apartments, 73-75 Strand, WC2 pdf icon PDF 548 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

St James’s Ward / not in cumulative impact area

StayCity Apartments, 73-75 Strand, WC2

New Premises Licence

17/09205/LIPN

 

 

 

 

Minutes:

The application was adjourned to a future Licensing Sub-Committee meeting.

7.

55 Frith Street, W1 pdf icon PDF 412 KB

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

7.

West End Ward / West End Cumulative Impact Area

55 Frith Street, W1

New Premises Licence

17/07932/LIPN

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 12th October 2017

 

Membership:            Councillor Tim Mitchell (Chairman), Councillor Murad Gassanly and Councillor Rita Begum

 

Legal Adviser:           Barry Panto

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Heidi Lawrence

 

Relevant Representations:     Environmental Health, The Licensing Authority and The Soho Society.

 

Present: Mr James Burbridge and Mr Mouaiad Chbith (Applicants), Mr Anil Drayan (Environmental Health) and Mr David Sycamore (The Licensing Authority).

 

55 Frith Street, London, W1D 4SJ

17/07932/LIPN

 

1.

Sales by Retail of Alcohol – On Sales

 

Monday to Saturday: 10:00 to 23:00

Sunday: 10:00 to 22:00

 

 

Amendments to application advised at hearing:

 

Following the Licensing Authority’s suggestion, the applicant agreed to amend sales of alcohol on Sundays from 12:00 to 22:00 hours.

 

 

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

 

The Sub-Committee considered an application by Street Food London Ltd for a new premises licence in respect of 55 Frith Street, London, W1D 4SJ.

 

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the applicant had reduced the initial hours requested for the sale of alcohol. Following the reduction in hours and the agreement of conditions the Police had withdrawn their representation.

 

The applicant, Mr Burbridge, informed the Sub-Committee that a short lease had been taken out on the premises which would expire in July 2018. The restaurant had been set up to create a casual dining restaurant which would test concepts for healthy eating. The restaurant had been operating for three months and it was now hoped to supplement the food offer by allowing customers to consume a glass of wine with their meal. Conditions had been agreed with the Police and several of these had already been implemented.

 

Mr Drayan, representing Environmental Health (EH), explained that there had been initial concerns over the application. However, since the applicants had agreed to operate within core hours and removed the provision of recorded music from the licence EH were now generally satisfied with the application. It was suggested further conditions could be added to the licence to ensure the application promoted the licensing objectives and these had been circulated to the Sub-Committee. Mr Drayan was of the opinion however that the premises was operating contrary to its planning permission. The premises currently had A1 use but if the proposed conditions were accepted this would constitute A3 use therefore putting it into conflict with planning enforcement and policy. It had been noted that the entire building which the premises was located within did have planning permission to include a restaurant. The applicants had been advised that this matter needed clarifying with the owners of the building when any extension to the lease was considered. The applicants had also been informed that they could apply for temporary permission to use the premises under A3 use if the premises was within a certain size.

 

Mr Drayan informed the Sub-Committee that there was also the potential for odour nuisance. Under its previous operation the premises had  ...  view the full minutes text for item 7.