Agenda and minutes

Licensing Sub-Committee (3) - Thursday 14th July, 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 from any of the members present.

3.

Berkeley Square Gardens (North), Open Space, Berkeley Square, W1 pdf icon PDF 1 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End / not in cumulative impact area

Berkeley Square Gardens (North), Open Space, Berkeley Square, W1

New

16/03607/LIPN

 

 

Minutes:

The item was withdrawn.

4.

Vinoteca, 53-55 Beak Street, W1 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End / West End Cumulative Impact Area

Vinoteca, 53-55 Beak Street, W1

Variation

16/01814/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th July 2016

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Darren O’Leary

 

Relevant Representations:    Environmental Health, Councillor Glenys Roberts, The Soho Society and 8 persons objecting to the application.

 

Present: Mr Craig Baylis (Solicitor, Representing the Applicant), Mr Brett Woonton (Applicant), Councillor Glenys Roberts (representing Mr and Mrs Callingham), Mr Anil Drayan (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project) and Mr Bijan Seghatchian (local resident).

 

Vinoteca, 53-55 Beak Street, London

16/01814/LIPV

 

1.

Conditions Being Varied, Added or Removed

 

Proposed Condition

 

Notwithstanding Condition 27, alcohol may be supplied to customers without food provided that:

 

(a)  Such supply shall only be to persons seated and served by waiter/waitress;

(b)  Such supply shall cease at 20:00; and

(c)  Such supply shall be limited to 10 customers on the ground floor and 10 on the first floor to be seated on the area hatched black and shown on plan number.

 

The availability of alcohol without food shall not be promoted or advertised otherwise than on menus and price lists within the premises.

 

 

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 Vinoteca Limited for a variation of a premises licence in respect of Vinoteca, 53-55 Beak Street, London, W1F 9SH.

 

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 Baylis, representing the applicant informed the Sub-Committee that the premises was strictly operated as a restaurant. It was recognised and accepted by the Applicant that there had been breaches of existing conditions over twelve months ago however these issues had since been resolved.

 

As a preliminary issue it was explained that the City Council had updated its Statement of Licensing Policy (“SLP) in January 2016 and that paragraph 2.4.21 of the SLP would now allow applications to sell alcohol for consumption on the premises if it was appropriately conditioned, would not lead to heavy drinking and when sales of alcohol were not permitted beyond 20:00 hours. As this application sought to allow the sale of alcohol on the premises to customers not purchasing food until 20:00 hours it would now meet this requirement.

 

It was stated that Vinoteca was a very successful operation which sourced specialist wines from around the world and customers would visit the premises especially to sample these wines. Currently wine could only be sold to customers purchasing a significant table meal as per Condition 27 on the premises licence. The Sub-Committee was advised by the Applicant that due to the specific wording of the Condition this had resulted in customers being turned away when they only wanted to sample some of  ...  view the full minutes text for item 4.

5.

Unit 31/33, 3 Merchant Square, W2 pdf icon PDF 6 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Hyde Park / not in cumulative impact area

Unit 31/33, 3 Merchant Square, W2

New

16/05415/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th July 2016

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    Environmental Health, Metropolitan Police, Paddington Waterways and Maida Vale Society, South East Bayswater Residents Association and four local residents.

 

Present: Ms Suzanne Davies (Representing the Applicant), Mr Dan Shotton (Applicant), Ms Sally Thomas (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Elizabeth Virgo), Mr John Zamit (Representing the South East Bayswater Residents Association) and Dr Michael Clarke and Ms Elizabeth Virgo (Local residents).

 

Lockhouse, Unit 31/33, 3 Merchant Square, City of Westminster, W2

16/05415/LIPN

1.

Late Night Refreshment

 

Monday to Thursday: 23:00 – 23:30

Friday to Saturday: 23:00 – 00:00

 

Seasonal variations/Non-standard timings: When hours for the sale of alcohol are extended hereunder (see Section J), these hours shall also be extended until (a) the terminal hour for the sale of alcohol in the case of Sundays before Bank Holidays or (b) from 23:00 on New Year’s Eve until 05:00 in the morning on New Year’s Day.

 

2.

Films - Indoor

 

Monday to Saturday: 10:00 – 23:30

Sunday: 12:00 – 22:00

 

Seasonal variations/Non-standard timings: (a) in accordance with Westminster City Council’s core hour’s policy. Between 12:00 midday and 00:00 midnight on Sundays immediately prior to Bank Holidays and (b) From the end of permitted hours on new Year’s Eve to the start of permitted hours on New Years Day.

 

3.

On and Off Sales by retail of Alcohol

 

Monday to Thursday: 10:00 – 23:30

Friday to Saturday: 10:00 – 00:00

Sunday: 12:00 – 22:30

 

Seasonal variations/Non-standard timings: (a) in accordance with Westminster City Council’s core hour’s policy. Between 12:00 midday and 00:00 midnight on Sundays immediately prior to Bank Holidays and (b) From the end of permitted hours on new Year’s Eve to the start of permitted hours on New Year’s Day.

 

4.

Hours Premises are Open to the Public

 

Monday to Thursday: 07:00 – 23:30

Friday to Saturday: 07:00 – 00:00

Sunday: 07:00 – 22:30

 

Seasonal variations/Non-standard timings: When hours for the sale of alcohol are extended these hours shall also be extended to a later terminal hour.

 

Adult Entertainment: When hours for the sale of alcohol are extended these hours shall also be extended to a later terminal hour.

 

 

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 BFI Limited for a new premises licence in respect of Unit 31/33, 3 Merchant Square.

 

The Licensing Officer provided an outline of the application and informed the Sub-Committee that following discussions with the applicant the Police had now withdrawn their representation.

 

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.

 

Ms Davies, representing the applicant, advised the Sub-Committee that  ...  view the full minutes text for item 5.

6.

Unit 3 and 4, Bishop's Quarters, Bishop's Bridge Road, W2 pdf icon PDF 2 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Bayswater / Queensway & Bayswater Cumulative Impact Area

Unit 3 and 4, Bishop's Quarters, Bishop's Bridge Road, W2

New

16/04691/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th July 2016

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yiannis Chrysanthou

 

Relevant Representations:    Environmental Health, Metropolitan Police , South East Bayswater Residents Association and two local residents.

 

Present: Mr Gary Grant (Solicitor, Representing the Applicant), Mr Andrew Wong (Agent, Representing the Applicant), Ms Linda Yau (Premises General Manager), Ms Sally Thomas (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project), PC Reaz Guerra (Metropolitan Police) (“The Police”) and Mr John Zamit (South East Bayswater Residents Association)

 

Unit 3 and 4, Bishop’s Quarters, Bishop’s Bridge Road, W2

16/04691/LIPN

1.

Recorded Music

 

Monday to Saturday: 10:00 – 00:00

Sunday: 10:00 – 23:30

 

Seasonal variations/Non-standard timings: From the end of hours on New Year’s Eve to the start of hours on New Year’s Day.

 

2.

Late Night Refreshment

 

Monday to Saturday: 23:00 – 00:00

Sunday: 23:00 – 23:30

 

Seasonal variations/Non-standard timings: From the end of hours on New Year’s Eve to the start of hours on New Year’s Day.

 

3.

On and Off Sales by retail of Alcohol

 

Monday to Saturday: 10:00 – 00:00

Sunday: 10:00 – 23:30

 

Seasonal variations/Non-standard timings: From the end of hours on New Year’s Eve to the start of hours on New Year’s Day.

 

4.

Hours Premises are Open to the Public

 

Monday to Saturday: 08:00 – 00:30

Sunday: 08:00 – 00:00

 

Seasonal variations/Non-standard timings: From the end of hours on New Year’s Eve to the start of hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

Revisions to application to address concerns

 

Reduction in core terminal hours for both closing time and licensable activities to core hours, except Sunday with an opening time of 08:00 hours. 

 

All outside tables and chairs shall be rendered unusable by 22:00 hours each day.

 

The use of Shisha or Hookah (or similar) smoking apparatus is not permitted either inside or outside the premises.

 

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

 

Police proposals agreed by applicant

 

(Replaces Proposed condition 2): The premises shall install and maintain a

comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

 

(Additional condition): A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the  ...  view the full minutes text for item 6.

7.

The London Shop, 10 Queensway, W2 pdf icon PDF 7 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

Lancaster Gate / Queensway & Bayswater Cumulative Impact Area

The London Shop, 10 Queensway, W2

New

15/11442/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th July 2016

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  David Sycamore

 

Relevant Representations:    South East Bayswater Residents Association and one local resident.

 

Present: Mr Subramaniam Kamalanthan (Applicant) and Mr John Zamit (South East Bayswater Residents Association)

 

The London Shop, 10 Queensway, W2

15/11442/LIPN

1.

Off Sales by Retail of Alcohol

 

Monday to Saturday: 08:00 – 23:00

Sunday: 10:00 – 22:00

 

2.

Hours Premises are Open to the Public

 

Monday to Saturday: 08:00 – 23:00

Sunday: 10:00 – 22:00

 

 

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 Mr Subramaniam Kamalanathan for a new premises licence in respect of The London Shop located at 10 Queensway, W2.

 

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. It was confirmed that conditions had been agreed between the applicant, Environmental Health, the Police and South East Bayswater Residents Association and subsequently Environmental Health and the Police had withdrawn their representations.

 

Mr Kamalanathan advised the Sub-Committee that the premises was a gift shop and it was proposed to provide an offer of alcoholic gifts to overseas customers. All staff would be fully trained accordingly and the applicant confirmed he would comply with all the conditions requested.

 

Mr Zamit explained that Queensway did have a street drinking problem which had caused initial concerns regarding the application but there was no specific evidence linking those particular problems to this Premises. Following agreement of the proposed conditions by the Applicant these immediate concerns had now been addressed.

 

The Sub-Committee considered that as the applicant had agreed to all the conditions proposed by Environmental Health, the Police and South East Bayswater Residents Association it was appropriate and proportionate to grant the application for the promotion of the licensing objectives.

 

 

Conditions attached to the Licence

Mandatory Conditions

 

  1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

  1. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

  1. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

  1. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(2) In this paragraph, an irresponsible promotion means nay one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

 

(a)          Games or  ...  view the full minutes text for item 7.

8.

Bubbleology, 49 Rupert Street, W1 pdf icon PDF 739 KB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

West End / West End Cumulative Impact Area

Bubbleology, 49 Rupert Street, W1

New

16/04210/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th July 2016

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    Environmental Health, Metropolitan Police (“The Police”) and The Soho Society.

 

Present: Ms Carly Wilkes (Applicant), Ms Sally Thomas (Environmental Health) and PC Reaz Guerra (Metropolitan Police)

 

Bubbleology, 49 Rupert Street, W1

16/04210/LIPN

1.

On Sales by Retail of Alcohol

 

Monday to Thursday: 11:00 – 23:30

Friday to Saturday: 11:00 – 00:00

Sunday: 12:00 – 22:30

 

Seasonal variations/Non-standard timings: From the end of permitted hours on New Years’ Eve until the start of permitted hours on New Years’ Day.

 

On Sundays preceding bank Holidays 12:00-00:00hrs.

 

2.

Hours Premises are Open to the Public

 

Monday to Thursday: 11:00 – 23:30

Friday to Saturday: 11:00 – 00:00

Sunday: 12:00 – 22:30

 

Seasonal variations/Non-standard timings: From the end of permitted hours on New Years’ Eve until the start of permitted hours on New Years’ Day.

 

On Sundays preceding bank Holidays 12:00-00:00hrs.

 

 

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 Bubbleology Limited for a new premises licence in respect of Bubbleology, 49 Rupert Street, London, W1D.

 

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.

 

The applicant, Ms Wilkes, advised the Sub-Committee that Bubbleology had been operating for five years and offered a wide range of tea based non-alcoholic drinks. It was now hoped to evolve the brand further by offering bubble coffees and alcoholic bubble teas. It was realised that the premises was located in a cumulative impact area however it was explained the application would not add to the impact due to the following reasons:

 

  • the drinks on offer were very specific;
  • vertical drinking was prohibited;
  • the character of the bar was such that it did not promote the drinking of alcohol and there was no outside seating area to promote this;
  • the premises had a maximum capacity of 20 people;
  • the application was to enlarge its current product portfolio only; and
  • staff would be trained in implementing a Challenge 25 procedure.

 

The applicant confirmed that it had been agreed to include on the licence the additional conditions proposed by Environmental Health and the Police.

 

PC Guerra maintained the  Police’s representation on the basis that the premises was located within a cumulative impact area. It was recognised that the applicant had agreed the conditions proposed by the Police. The capacity of the premises was small, the alcohol offering was restricted and the Sub-Committee was advised that they had to decide if this would add to the cumulative impact in the area.

 

The Sub-Committee questioned whether condition 23, “No drinks shall be served in  ...  view the full minutes text for item 8.

9.

Cutter and Squidge, 20 Brewer Street, W1 pdf icon PDF 5 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

7.

West End / West End Cumulative Impact Area

Cutter and Squidge, 20 Brewer Street, W1

New

16/03644/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 14th July 2016

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Louise Hyams and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:  Yolanda Wade

 

Relevant Representations:    Environmental Health

 

Present: Mr Craig Baylis (Solicitor, Representing the Applicant), Emily Lau (Applicant) and Ms Sally Thomas (Environmental Health)

 

Cutter and Squidge, 20 Brewer Street, W1

16/04210/LIPN

1.

On Sales by Retail of Alcohol

 

Monday to Wednesday: 10:00 – 20:30

Thursday: 10:00 – 22:00

Friday to Saturday: 10:00 – 22:30

Sunday: 11:00 – 21:00

 

2.

Hours Premises are Open to the Public

 

Monday to Wednesday: 09:30 – 21:00

Thursday: 09:30 – 22:00

Friday: 09:30 – 23:00

Saturday: 10:00 – 23:00

Sunday: 11:00 – 21:30

 

 

Amendments to application advised at hearing:

 

The applicant advised the Sub-Committee at the meeting of the following proposed amendments to the conditions:

 

  • Removal of conditions relating to litter and waste arising from the outside area due to no outside area forming part of the premises.

 

  • Removal of a condition relating to external tables and chairs as there was no outside area.

 

  • Removal of all off sales from the premises licence.

 

  • Variation to a condition ensuring no beer, lager, cider or spirits shall be sold on the premises.

 

 

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

 

The Sub-Committee considered an application by Cutter and Squidge Limited for a new premises licence in respect of Cutter and Squidge, 49 20 Brewer Street, London, W1F.

 

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 Baylis, representing the applicant, explained that the premises was a cake shop and it was hoped to provide an opportunity for customers to purchase a glass of wine with their cake. The Sub-Committee was advised that the applicant wished to delete and amend some of the additional conditions proposed as there was no outside seating area for customers and there would be no off sales of alcohol.

 

Environmental Health maintained their representation as there was a shortage of WC facilities on the premises for the proposed capacity of 60 people. The nature of the premises along with the reasonably short dwell time of customers had been noted though and it was within the Sub-Committee’s discretion to decide if this mitigated the lack of WC facilities.

 

In response to a question from the Council’s Policy Adviser Mr Baylis explained that despite the application being situated in a cumulative impact area it was hoped to maintain the terminal hours for the sale of alcohol requested. The Sub-Committee was advised that as it was only a cake shop and any alcohol would be ancillary to food.

 

The Sub-Committee recognised that the premises was in a cumulative impact area but was minded to grant the application due to the nature of the  ...  view the full minutes text for item 9.