Agenda and minutes

Licensing Sub-Committee (2) - Thursday 11th January, 2024 10.00 am

Venue: Rooms 18.01 - 18.03 - 18th Floor, 64 Victoria Street, London, SW1E 6QP

Contact: Sarah Craddock, Committee and Councillor Co-ordinator  Email:  scraddock@westminster.gov.uk

Media

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 the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

2.1       There were no declarations of interest.

1.

10 Berkeley Square, W1J 6AA pdf icon PDF 14 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

None*

Mayfair**

10 Berkeley Square, W1J 6AA

New Premises Licence

23/06200/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Thursday 11 January 2024

 

Membership:           Councillor Maggie Carman (Chair)

Councillor Concia Albert

Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Jessica Donovan

 

Others present:       Jack Spiegler (Solicitor, Thomas & Thomas),

David McIntrye (Applicant company) and

Dr Philip Hadfield (expert witness).

 

Ayesha Bolton (Environmental Health Service)

PC Tom Stewart (Metropolitan Police Service)

 

Richard Brown - Licensing Advice Project on behalf of the Residents’ Society of Mayfair and St James and 17 Berkeley Street Resident Association and

 

Mr M.D, local resident.

 

Application for a New Premises Licence in respect of 10 Berkeley Square

London W1J 6AA  - 23/06200/LIPN

 

FULL DECISION

 

Premises

 

10 Berkeley Square

London

W1J 6AA

 

Applicant

 

Amazonico Uk Ltd

 

Ward

 

West End

 

Cumulative Impact

 

None

 

Special Consideration Zone

 

Mayfair

 

 

Activities and Hours applied for:

 

To Permit:

 

Live and Recorded Music (Indoors)

 

Monday to Saturday 10:00 to 02:00

Sundays 12:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sundays prior to Bank Holidays 10:00 to 00:00

 

Sale by Retail of Alcohol (Both)

 

Monday to Saturday 10:00 to 02:00

Sundays 12:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sundays prior to Bank Holidays 10:00 to 00:00

 

Late Night Refreshments (Indoors)

 

Monday - Saturdays 23:00 to 02:00

Sundays 23:00 to 00:00

 

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

 

Hours Premises Are Open to the Public

 

Monday to Saturday 07:00 to 02:00

Sundays 09:00 to 00:00

 

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

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intends to continue to operate as a Restaurant and Bar.

 

The Premises has had the benefit of a current premises licence which will be surrendered should this application be granted.

 

The Applicant states save for an additional one hour within the basement on Monday to Saturday nights only, this application for a new premises licence is applied for on the same terms and subject to the same list of conditions as the existing premises licence. 

 

Resident Count 0.

 

Representations Received

 

Environmental Health Service (EHS)

Metropolitan Police Service (MPS

 

3 Objection from Interested Party

 

Issues raised by Objectors.

 

The EHO states the application will have a likely effect of increasing public nuisance.

 

MPS states the proposed extension of licensable activities is likely to undermine the licensing objectives of The Prevention of Crime and Disorder.

 

The premises is located within the Mayfair Special Consideration Zone (MSCZ) and the applicant is required to take this into account.

 

Interested Parties

 

17 Berkley Street Residents Association states they object to the extension of hours and activities to the  ...  view the full minutes text for item 1.

2.

75 Dean Street, W1D 3PU pdf icon PDF 2 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

West End*

None*

75 Dean Street, W1D 3PU

New Premises Licence

23/05947/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Thursday 11 January 2024

 

Membership:           Councillor Maggie Carman (Chair)

Councillor Concia Albert

Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Jack Spiegler (Solicitor, Thomas & Thomas)

Joel Peter Levack of All is Joy (UK) Ltd (Applicant company)

 

Richard Brown - Licensing Advice Project on behalf of the Soho Society)

 

Application for a New Premises Licence in respect of 75 Dean Street, London

W1D 3PU  - 23/05947/LIPN

 

 

FULL DECISION

 

Premises

 

75 Dean Street

London

W1D 3PU 

 

Applicant

 

All is Joy (UK) Limited

 

Ward

 

West End

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for:

 

To Permit:

 

Plays, Films, Live and Recorded Music, Performance of Dance

and Anything of a similar description (Indoors)

 

Monday to Saturday 09:00 to 00:00

Sundays 09:00 to 22.30

 

Sale by Retail of Alcohol (Both)

 

Monday to Saturday 09:00 to 00:00

Sundays 09:00 to 22:30

 

Late Night Refreshments (Indoors)

 

Monday - Saturdays 23:00 to 00:00

 

Hours Premises Are Open to the Public

 

Monday to Saturday 09:00 to 00;00

Sundays 09:00 to 22.30

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  This application seeks to licence for 3 years, a building which contains three screening rooms, a stage, a music studio and is hosting various educational and charitable programmes over the coming year to support young creatives and the local community.

 

The space also contains a café/bar area that will operate for members of the building and for visitors and guests hiring the facilities. The spaces, including the cafe/bar and studio will also be used for concerts, plays, films, events, PR launch and workshops.

 

There is a resident count of 162.

 

Representations Received

 

Environmental Health Service (EHS) – withdrawn on 24 October 2023

Metropolitan Police Service (MPS – withdrawn on 31 October 2023

Licensing Authority (LA) – withdrawn on 5 January 2024

2 supporting representations.

2 Objections from Interested Parties

 

Issues raised by Objectors.

 

Resident objects and express concerns in particular about the outside area.

 

The Soho Society objects to the application and refers to Westminster City Council’s CIZ policy and concerns about resident’s sleep being negatively impacted.

 

 

Policy Considerations

 

Cinemas, Cultural Venues, Live Sporting Premises and Outdoor Spaces Policy CCSOS1) states:

 

B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:

 

1. The application meeting the requirements of policies CD1, PS1,

PN1 and CH1.

2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.

3. The operation of any delivery services for alcohol and/or late-night

refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.

4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.

5. The applicant has clearly demonstrated that the sale by retail of alcohol and late-night refreshment will be ancillary to the venue’s primary function as  ...  view the full minutes text for item 2.

3.

Crunchy Falafel, Trocadero, 13 Coventry Street, W1D 7DH pdf icon PDF 4 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

West End*

None **

Crunchy Falafel, Trocadero, 13 Coventry Street, W1D 7DH

New Premises Licence

23/04538/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Thursday 11 January 2024

 

 

Membership: Councillor Maggie Carman (Chair), Councillor Concia Albert and Councillor Melvyn Caplan

 

Officer Support                             Legal Adviser:  Steve Burnett

                                                     Policy Officer:  Kerry Simpkin

                                                     Committee Officer: Sarah Cradock

                                                      Presenting Officer: Jessica Donovan

 

Other parties present:                   Mr Binal Beirakji the Agent on behalf of the Applicant

Mr Youssef Zueieer (Applicant)

 

Karyn Abbott (Licensing Authority LA)

Kudzy Mondhlani (Environmental Health – EHO),

PC Tom Stewart (Metropolitan Police Service - MPS)

 

Application for a New Premises Licence in respect of Crunchy Falafel, Trocadero, 13 Coventry Street, London W1D 7DH - 23/04538/LIPN

 

 

FULL DECISION

 

 

Premises

 

Crunchy Falafel

Trocadero

13 Coventry Street

London

W1D 7DH

 

Applicant

 

Crunchy Falafel Limited

 

Ward

 

St James’s

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

N/A

 

There is a resident count of 26

 

Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). The premises are a small kiosk shop used to sell sandwiches and soft drinks. Some sandwiches are hot.

 

To Permit:

 

Late Night Refreshments (Outdoors)

 

Fridays and Saturdays 23:00 to 02:00

 

Hours Premises Are Open to the Public

 

Fridays and Saturdays 23:00 to 02:00

 

 

Representations Received

 

·       Karyn Abbott – Licensing Authority (LA)

 

·       Kudzaishe Mondhlani – EHO

 

·       PC Tom Stewart - Metropolitan Police Service

 

 

Issues raised by Objectors.

 

The Licensing Authority (LA) states:

 

The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HSR1 and FFP1.

 

At present, the operating hours applied for Late Night refreshment currently fall outside of Westminster’s core hours under Policy HRS1. The Licensing Authority encourages the applicant reduces the hours to be within Westminster’s Core hours:

 

Monday to Thursday: 10am to 11.30pm.

Friday and Saturday: 10am to Midnight.

Sunday: Midday to 10.30pm.

Sundays immediately prior to a bank holiday: Midday to Midnight.

 

 

 

The EHO states:

 

The granting of this application as presented would have the likely effect of causing an increase in Public Nuisance and may also impact on Public Safety in the West End CIZ.

 

The applicant has provided additional information which is being considered. Additional Environmental Health conditions may be proposed to uphold the licensing objectives.

 

MPS states:

 

The Police submit that, if granted, the premises would undermine the licensing objective ‘The Prevention of Crime and Disorder’, as well as adversely affect cumulative impact within the West End Cumulative Impact Zone (“WECIZ”).

 

The applicant will need to demonstrate that they will not add to cumulative impact within the WECIZ. As the application currently stands, the Police do not feel that this has been achieved.

 

Comments from Planning Enforcement Appendix 4

 

The planning enforcement department currently have an open case regarding the change of use of the premises from a class E retail unit to a hot food takeaway and an Illuminated signage has also been installed. City Council records indicate no approval has been obtained for the change of use or advertising. There have also been complaints about the smell of the

 

Policy  ...  view the full minutes text for item 3.

4.

Friday Mood, 7 Lower Grosvenor Place, SW1W 0EN pdf icon PDF 6 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

None*

Victoria**

Friday Mood, 7 Lower Grosvenor Place, SW1W 0EN

New Premises Licence

23/05783/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Thursday 11 January 2024

 

 

Membership:           Councillor Maggie Carman (Chair)

Councillor Concia Albert

Councillor Melvyn Caplan

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer: Jessica Donovan

 

Others present:       Georgia Patterson (Agent, TV Edwards LLP) for the Applicant,

SviatoslaveSeliviorstov (Applicant company)

 

Ayesha Bolton (Environmental Health Service Officer -EHO)

 

Application for a New Premises Licence in respect of Friday Mood, 7 Lower Grosvenor Place, London SW1W 0EN  - 23/05783/LIPN

 

 

FULL DECISION

 

 

Premises

 

Friday Mood

7 Lower Grosvenor Place

London

SW1W 0EN

 

Applicant

 

Friday Mood Limited

 

Ward

 

St James’s

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

Victoria

 

 

Activities and Hours applied for:

 

To Permit:

 

Sale by Retail of Alcohol (off)

 

Monday to Saturday 08:00 to 20:30

Sundays 09:00 to 20:30

 

Hours Premises Are Open to the Public

 

Monday to Sundays 09:00 to 20:00

 

Summary of Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  This application seeks to permit the premises to trade as a boutique wine retail shop.

 

The Premises will be open to the public between 9am and 8pm. Online purchases may take place at any time, however any supply of alcohol (picking, packing, dispatch and delivery) from the premises will only take place during the licence hours

(08.00 – 20.00). 

 

There is a resident count of 147

 

Representations Received

 

Environmental Health Service (EHS)

Metropolitan Police Service (MPS) – Withdrawn on 1 November 2023

7 Objections from Interested Party (3 – Withdrawn)

 

Issues raised by Objector.

 

The EHO states the provision and the hours requested for Supply of Alcohol will the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.

 

The Interested Party who made representations against the application states there is a high volume of licensed premises in the area. Noise and rubbish have increased, along with anti-social behaviour. Delivery riders are likely to cause an issue along with street drinkers and there is a lack of parking. Grant of the application will cause a public nuisance.

 

Policy Considerations

 

Policy SCZ1 state:

 

A. In addition to meeting the other policies within this statement, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment, and should set out any proposed mitigation

measures in relation to those issues within their operating schedule. considered on their merits, subject to other relevant policies.

 

D56. The local issues that need to be considered by applicants are:

 

• Serious violence at night.

• Anti-social behaviour at all times of the day (street drinking and begging).

• Incidents relating to ambulance call outs to the locations of licensed premises for intoxication, injury related to intoxication and/or assault.

 • Theft and noise at night.

 

HRS1 states:

 

A. Applications within the core hours set out below in this policy will generally, be granted for the  ...  view the full minutes text for item 4.