Agenda and draft minutes

Licensing Sub-Committee (3) - Thursday 9th November, 2017 10.00 am

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR. 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 interests.

3.

Soho House, 40 Greek Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact Area

Soho House, 40 Greek Street, W1

New Premises Licence

17/09916/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 9th November 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Yolanda Wade

 

Relevant Representations:     Environmental Health, The Licensing Authority, The Metropolitan Police, The Soho Society and Two Local Residents.

 

Present: Ms Lana Tricker (Solicitor, representing the applicant), Mrs Sumeet Anand-Patel (LT Law), Mr Andrew Purcell (General Manager), Ms Beth Gallagher (Development Manager), Mr Daniel Thompson (Operations Manager), Mr Dave Nevitt (Environmental Health), PC Adam Deweltz (Metropolitan Police),  Mr David Sycamore (Licensing Authority), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing residential objectors and The Soho Society) and Ms Christine Beal (representing Mr Peter Cliffe).

 

Soho House, 40 Greek Street, London, W1D 4ED (“The Premises”)

17/09916/LIPN

 

1.

Regulated Entertainment: Exhibition of a Film, Performance of Live Music, Playing of Recorded Music, Performance of Dance, Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance - Indoors

 

Monday to Friday: 08:00 to 03:00

Saturday: 10:00 to 03:00

Sunday: 10:00 to 23:00

 

Seasonal Variations:

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01:00

 

Non-Standard Timings:

 

The premises may remain open for the sale of alcohol, regulated entertainment and the provision of late night refreshment from (1) the terminal hour for those activities on New Year’s Eve through to the commencement time for those activities on New Year’s Day (2) one hour before and one hours after a live broadcast of the annual (American) Oscars event.

 

 

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 House UK Ltd for a new premises licence in respect of Soho House, 40 Greek Street, London, W1D 4ED.

 

With the agreement of all parties present the Sub-Committee decided to hear the applications for Soho House, Soho Kitchen and Bar, Kettners Townhouse and Café Boheme simultaneously as they had all been submitted by Soho House UK Ltd who were the current Premises licence holders for all four Premises.

 

The Licensing Officer provided an outline of the application to the Sub-Committee. The Sub-Committee was advised of the following amendments to the reports:

 

  • That with regards to the Soho House application the terminal hour for late night refreshment had been reduced to 03:00 and the terminal hour for the sale of alcohol on Sundays had also been reduced to 22:30. This was the existing terminal hour for these activities.

 

  • That with regards to the Soho Kitchen and Bar application the start time for the retail sale of alcohol had been amended to 10:00 Monday to Wednesday.

 

In response to a request from the Sub-Committee Ms Tricker, representing the applicant, provided an overview  ...  view the full minutes text for item 3.

4.

Soho Kitchen And Bar, 19-21 Old Compton Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / West End Cumulative Impact Area

Soho Kitchen And Bar, 19-21 Old Compton Street, W1

New Premises Licence

17/09943/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 9th November 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Yolanda Wade

 

Relevant Representations:     Environmental Health, The Licensing Authority, The Metropolitan Police, The Soho Society and Two Local Residents.

 

Present: Ms Lana Tricker (Solicitor, representing the applicant), Mrs Sumeet Anand-Patel (LT Law), Mr Andrew Purcell (General Manager), Ms Beth Gallagher (Development Manager), Mr Daniel Thompson (Operations Manager), Mr Dave Nevitt (Environmental Health), PC Adam Deweltz (Metropolitan Police),  Mr David Sycamore (Licensing Authority), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing residential objectors and The Soho Society) and Ms Christine Beal (representing Mr Peter Cliffe).

 

Soho Kitchen and Bar, 19-21 Old Compton Street, London, W1D 5JJ (“The Premises”)

17/09943/LIPN

 

1.

Exhibition of Films and Playing of Recorded Music - Indoors

 

Monday to Saturday: 09:00 to 03:00

Sunday: 09:00 to 23:00

 

Seasonal Variations:

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01:00

 

Non-Standard Timings:

 

The premises may remain open for the sale of alcohol, regulated entertainment and the provision of late night refreshment from (1) the terminal hour for those activities on New Year’s Eve through to the commencement time for those activities on New Year’s Day.

 

 

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 House UK Ltd for a new premises licence in respect of Soho Kitchen and Bar, 19-21 Old Compton Street, London, W1D 5JJ.

 

With the agreement of all parties present the Sub-Committee decided to hear the applications for Soho House, Soho Kitchen and Bar, Kettners Townhouse and Café Boheme simultaneously as they had all been submitted by Soho House UK Ltd who were the current Premises licence holders for all four Premises.

 

The Licensing Officer provided an outline of the application to the Sub-Committee. The Sub-Committee was advised of the following amendments to the reports:

 

  • That with regards to the Soho House application the terminal hour for late night refreshment had been reduced to 03:00 and the terminal hour for the sale of alcohol on Sundays had also been reduced to 22:30. This was the existing terminal hour for these activities.

 

  • That with regards to the Soho Kitchen and Bar application the start time for the retail sale of alcohol had been amended to 10:00 Monday to Wednesday.

 

In response to a request from the Sub-Committee Ms Tricker, representing the applicant, provided an overview of the licensing plans for all four applications. The Sub-Committee noted that the location of all existing entrances would remain unchanged and that all four units would remain separate with no interconnection between them. However, the biggest alteration  ...  view the full minutes text for item 4.

5.

Kettners Townhouse, 29 Romilly Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

West End Ward / West End Cumulative Impact Area

Kettners Townhouse, 29 Romilly Street, W1

New Premises Licence

17/09956/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 9th November 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Yolanda Wade

 

Relevant Representations:     Environmental Health, The Licensing Authority, The Metropolitan Police, The Soho Society and One Local Resident.

 

Present: Ms Lana Tricker (Solicitor, representing the applicant), Mrs Sumeet Anand-Patel (LT Law), Mr Andrew Purcell (General Manager), Ms Beth Gallagher (Development Manager), Mr Daniel Thompson (Operations Manager), Mr Dave Nevitt (Environmental Health), PC Adam Deweltz (Metropolitan Police),  Mr David Sycamore (Licensing Authority), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing residential objectors and The Soho Society) and Ms Christine Beal (representing Mr Peter Cliffe).

 

Kettners Townhouse, 29 Romilly Street, London, W1D 5HP (“The Premises”)

17/09956/LIPN

 

1.

Exhibition of Films - Indoors

 

Monday to Sunday: 00:00 to 00:00

 

Further Details:

 

There shall be no cinema style showing of films.

 

The exhibition of film is permitted in the hotel bedrooms and as an ancillary to other licensable activities throughout the premises, subject to the condition above.

 

Seasonal Variations:

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01:00

 

Non-Standard Timings:

 

The premises may remain open for the sale of alcohol, regulated entertainment and the provision of late night refreshment from (1) the terminal hour for those activities on New Year’s Eve through to the commencement time for those activities on New Year’s Day.

 

 

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 House UK Ltd for a new premises licence in respect of Kettners Townhouse, 29 Romilly Street, London, W1D 5HP.

 

With the agreement of all parties present the Sub-Committee decided to hear the applications for Soho House, Soho Kitchen and Bar, Kettners Townhouse and Café Boheme simultaneously as they had all been submitted by Soho House UK Ltd who were the current Premises licence holders for all four Premises.

 

The Licensing Officer provided an outline of the application to the Sub-Committee. The Sub-Committee was advised of the following amendments to the reports:

 

  • That with regards to the Soho House application the terminal hour for late night refreshment had been reduced to 03:00 and the terminal hour for the sale of alcohol on Sundays had also been reduced to 22:30. This was the existing terminal hour for these activities.

 

  • That with regards to the Soho Kitchen and Bar application the start time for the retail sale of alcohol had been amended to 10:00 Monday to Wednesday.

 

In response to a request from the Sub-Committee Ms Tricker, representing the applicant, provided an overview of the licensing plans for all four applications. The Sub-Committee noted that the location of all  ...  view the full minutes text for item 5.

6.

Cafe Boheme, Basement and Ground Floor, 13-17 Old Compton Street, W1 pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward / West End Cumulative Impact Area

Cafe Boheme, Basement and Ground Floor, 13-17 Old Compton Street, W1

Premises Licence Variation

17/09953/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 9th November 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Yolanda Wade

 

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

 

Present: Ms Lana Tricker (Solicitor, representing the applicant), Mrs Sumeet Anand-Patel (LT Law), Mr Andrew Purcell (General Manager), Ms Beth Gallagher (Development Manager), Mr Daniel Thompson (Operations Manager), Mr Dave Nevitt (Environmental Health), PC Adam Deweltz (Metropolitan Police),  Mr David Sycamore (Licensing Authority), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing residential objectors and The Soho Society) and Ms Christine Beal (representing Mr Peter Cliffe).

 

Café Boheme, Basement and Ground Floor, 13-17 Old Compton Street, London, W1D 5JH

17/09953/LIPV

 

1.

Layout Alteration

 

To vary the plans to reflect the changes to the proposed plans as follows:

 

a) Reconfiguration of fire exits on ground floor to the left of the plans as a

result of refurbishment works to Soho House itself (approved by LFEPA

and DS);

 

b) Reconfiguration of seating on ground floor (fixed and loose);

 

c) Moving of kitchen from ground floor to the basement of the premises;

 

d) Reconfiguration of toilets in the basement floor; and

 

e) Reconfiguration of back of house/staff areas/office.

 

 

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 House UK Ltd for a variation of a premises licence in respect of Café Boheme, Basement and Ground Floor, 13-17 Old Compton Street, London, W1D 5JH.

 

With the agreement of all parties present the Sub-Committee decided to hear the applications for Soho House, Soho Kitchen and Bar, Kettners Townhouse and Café Boheme simultaneously as they had all been submitted by Soho House UK Ltd who were the current Premises licence holders for all four Premises.

 

The Licensing Officer provided an outline of the application to the Sub-Committee. The Sub-Committee was advised of the following amendments to the reports:

 

  • That with regards to the Soho House application the terminal hour for late night refreshment had been reduced to 03:00 and the terminal hour for the sale of alcohol on Sundays had also been reduced to 22:30. This was the existing terminal hour for these activities.

 

  • That with regards to the Soho Kitchen and Bar application the start time for the retail sale of alcohol had been amended to 10:00 Monday to Wednesday.

 

In response to a request from the Sub-Committee Ms Tricker, representing the applicant, provided an overview of the licensing plans for all four applications. The Sub-Committee noted that the location of all existing entrances would remain unchanged and that all four units would remain separate with no interconnection between them. However, the biggest alteration related to the third floor of Soho House where it was proposed to increase its capacity from 100 to 246 customers. It was submitted that this would be achieved by increasing  ...  view the full minutes text for item 6.

7.

Liberty, 25 Great Marlborough Street, W1 pdf icon PDF 947 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

West End Ward / West End Cumulative Impact Area

Liberty, 25 Great Marlborough Street, W1

Premises Licence Variation

17/10271/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 9th November 2017

 

Membership:            Councillor Melvyn Caplan (Chairman) and Councillor Susie Burbridge

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Nick Nelson

 

Relevant Representations:     The Licensing Authority, The Metropolitan Police and The Soho Society.

 

Present: Mr Heath Thomas (Solicitor, representing the Applicant), Mr Robert Rodriguez (Designated Premises Supervisor), Ms Johane Fleurantin (General Manager), Mr David Sycamore (Licensing Authority), PC Adam Deweltz (Metropolitan Police) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing residential objectors).

 

Liberty, 25 Great Marlborough Street, London, W1F 7HH

17/10271/LIPV

 

1.

Condition Being Varied

 

Current:

 

Condition 11

 

The supply of alcohol for consumption

"On" the premises within Café Liberty on the Second Floor and the Heritage Suite on the Third Floor shall be:

 

i. by waiter services only

ii. be ancillary to a substantial table meal

Proposed:

 

Condition 11

 

The supply of alcohol for consumption

"On" the premises within Café Liberty on the Second Floor and the Heritage Suite on the Third Floor shall be:

 

i. by waiter services only

ii. to no more than 20 persons who may consume alcohol without taking a

substantial table meal. All other supplies of alcohol to be ancillary to a table meal.

 

 

Amendments to application advised at hearing:

 

The applicant advised that following discussions with the responsible authorities’ it was proposed to amend condition 11 to read:

 

The supply of alcohol for consumption on the premises within the Heritage Suite on the third floor shall be:

 

i)                     By waiter service only; and

ii)                    Be ancillary to a substantial table meal.

 

Also, a new condition would be added to the licence to read:

 

The supply of alcohol for consumption on the premises within Café Liberty on the second floor shall be:

 

i)             By waiter services only;

ii)      Save for no more than 20 persons who may consume alcohol without taking a substantial table meal, all other supplies of alcohol to be ancillary to a table meal; and

Save for condition 10 above, the sale of alcohol within Café Liberty shall not be permitted beyond 20:00 hours.

 

 

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

 

The Sub-Committee considered an application by Liberty Retail Ltd for a variation of a premises licence in respect of Liberty, 25 Great Marlborough Street, London, W1F 7HH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

In response to a question from the Sub-Committee, Mr Thomas representing the Applicant, confirmed that there would be no changes to the Heritage Suite on the third floor and the application only related to Café Liberty located on the second floor. Liberty was a world famous department store which had been licenced for a number of years. The cafe had a limited alcohol menu, it was not a bar or alcohol-led establishment and no vertical drinking was permitted. The café contained a bar area which people could dine at along with a mixture of booths and fixed seating. Historically,  ...  view the full minutes text for item 7.

8.

Karaoke Box, 12-14 Maddox Street, W1 pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

West End Ward / West End Cumulative Impact Area

Karaoke Box, 12-14 Maddox Street, W1

New Premises Licence

17/08548/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 9th November 2017

 

Membership:            Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki

 

Legal Adviser:           Horatio Chance

Policy Adviser:          Chris Wroe

Committee Officer:   Tristan Fieldsend

Presenting Officer:   Yolanda Wade

 

Relevant Representations:     Environmental Health, The Metropolitan Police and the Licensing Authority.

 

Present: Mr Philip Kolvin QC (Representing the Applicant), Mr Philip Doyle (Solicitor, representing the Applicant), Mr Nobuaki Moriyama (Owner/Designated Premises Supervisor), Mr Adrian Studd (Independent Licensing Consultant, representing the Applicant), PC Adam Deweltz (The Metropolitan Police). Mr Dave Nevitt (Environmental Health) and Mr David Sycamore (The Licensing Authority).

 

Karaoke Box, 12-14 Maddox Street, London, W1S 1PH (“The Premises”)

17/08548/LIPN

 

1.

Late Night Refreshment - Indoors

 

Monday: 23:00 to 23:30

Tuesday to Wednesday: 23:00 to 01:30

Thursday to Saturday: 23:00 to 04:30

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 considered an application by Karaoke Box Limited for a new premises licence in respect of 12-14 Maddox Street, London, W1S 1PH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

In response to a question from the Sub-Committee Mr Kolvin QC, representing the applicant, clarified that the hours permitting the sale of alcohol on Tuesdays and Wednesdays would remain as permitted on the current licence.

 

Mr Kolvin recognised that the hours requested were extensive and the Applicant had to show that granting the application would not add to cumulative impact. The Premises had previously applied to extend its hours which had been rejected and following this the Applicant had now reconsidered the application. Fifteen conditions would be added to the licence to ensure there was sufficient controls and restrictions in place at the Premises to prevent any public nuisance from being caused by clients entering and leaving the Premises. The proposed conditions would make the application an exception to policy and went far beyond what had been offered in the previous application.

 

Mr Kolvin explained the reasons why the new application before the Sub-Committee would not add to cumulative impact in the area and would make it an exception to policy:

 

  • The operator was a very experienced karaoke operator who had been running the Premises since 2011. Before the applicant had taken over the Premises it had been a drink-led establishment but the applicant had transformed it into a comfortable karaoke bar operation. The establishment had a small bar area and several karaoke booths and was located in a very discrete basement area which did not attract walk-in customers. The style of the venue ensured it was not alcohol-led, customers attended to participate in karaoke with alcohol only forming part of the experience. To provide further reassurance a condition had been proposed which would require the provision of alcohol to be ancillary to the use of the Premises as a karaoke bar. The establishment was not a busy, crowded bar but would attract small groups who would be shown to a booth by a  ...  view the full minutes text for item 8.