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Agenda and draft minutes

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

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any 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.

1.

University of Westminster, 4-12 Little Titchfield Street, London, W1W 7UW pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward/ Not in Cumulative Impact Area

University of Westminster, 4-12 Little Titchfield Street, London, W1W 7UW

New Premises Licence

18/07713/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 25 October 2018

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Environmental Health Team, Fitzrovia Neighbourhood Association, Middleton Place Residents Association, Councillor Jonathan Glanz (Ward Councillor) and Local residents

 

Present: Ms Harriet Wells (Solicitor for the Applicant), Mr Alex Fleming (The Applicant andproposed DPS), Mr Dave Nevitt (Environmental Health Team), Mr Fred Drabble representing Mr Christopher Shaw), Mr Christopher Shaw and Councillor Jonathan Glanz

 

University of Westminster, 4-12 Little Titchfield Street, W1W 7UW (“The Premises”) 18/07713/LIPN

1.

Regulated Entertainment (Indoors):

 

Monday to Thursday: 09:00 to 23:30

Friday to Saturday: 09:00 to 00:00

Sunday: 09:00 to 22:30

 

Seasonal variations/Non-standard timings: Sunday’s immediately before a bank holiday: 09:00 to 00:00.

 

The premises may provide the authorised licensable activities from the terminal hour on New Year’s Eve to the commencement time 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 the University of Westminster The Court of Governors, (“the Applicant”) for a New Premises licence in respect of University of Westminster, 4-12 Little Titchfield Street, W1W 7UW.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Metropolitan Police  had withdrawn their representation as conditions had been agreed with the Applicant.  Environmental Health had maintained their representation on policy grounds.  The Premises are located in the West End Ward but not in a Cumulative Impact Area.   She further confirmed that representations had been received from the Fitzrovia Neighbourhood Association, Middleton Place Residents Association and local residents and these were in relation to noise nuisance and anti-social behaviour.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.

 

Ms Wells  advised that the Sub-Committee had before it an application for a new Premises licence. The Sub-Committee heard that the Applicant was proposing to licence the Ground and Lower Ground Floors, specifically Portland Hall, Lecture Theatre G.03 and the Refectory to hire out for both external and private events. These rooms were located in the middle of the University so that no noise created at events would escape from the building.  It was stated that the majority of events hosted at the University would be conferences/lectures and amateur dramatic shows performed by students.  The Sub-Committee was advised that the Applicant’s use of the Premises was primarily for educational purposes. There was no intention to open a permanent bar or hold regulated entertainment as a primary event except for the odd live performance. 

 

Mr Fleming  advised that the University was being creative by raising additional funds by hiring out their building for external and private events.  The majority of the events would be held during the daytime so would be finished between  ...  view the full minutes text for item 1.

2.

40-42 William IV Street, London, WC2N 4DD pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward/ West End Cumulative Impact Area

40-42 William IV Street, London, WC2N 4DD

New Premises Licence

18/09429/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.3

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

 

Legal Adviser:             Horatio Chance,

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Local residents

 

Present: Mr Alun Thomas (Solicitor Representing the Applicant) and Mark Browning (Representing the residents)

 

40-42 William IV Street, London, WC2N 4DD (“The Premises”) 18/09429/LIPN

1.

Late Night Refreshment (Indoors):

 

Monday to Saturday : 23:00 to 23:30

 

Seasonal Variations/Non Standard timings:

These hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours 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 Shaftesbury Covent Garden Limited, (“the Applicant”) for a New Premises licence in respect of 40 – 42 William IV Street, London, WC2N 4DD.

 

The Chairman sought clarification from the Policy Advisor and Legal Advisor in relation to the Council’s Policy on ‘lapse licences’. The Council’s Cumulative Impact Zone Policy in Paragraph 2.4.8 stipulates that ‘Application for new licences to replace licences which have lapsed because of the failure to submit an interim authority notice in due time in the event of the death or the insolvency of the licence holder will be considered by the Licencing Authority as possible exceptions unless there are representations that indicate that there have been problems with the previous Licence. Licences may be granted with conditions which replicate the effect of those of the previous Licence and with conditions which bring the licence in line with good practice on other licenses e.g. Door supervisors’. The Sub-Committee was also advised that the Premises must be considered as a new application and also on its own individual merit.

 

 

Mr Thomas  clarified that the application was seeking to reinstate the previous licence with the same terms and conditions (mutatis mundas). He also advised that the Premises Freehold had been acquired and that the previous licence holder company had gone into administration on 20 June 2018. Mr Thomas advised that there was no ‘Shadow Licence’ in place and that a letter had been sent to the Licensing Authority which provided information on why the Licence had lapsed. The Sub-Committee was advised that there was a three week period between the lapse of the Licence and the application to reinstate the Premises Licence.

 

Mr Thomas advised that there had been no concerns raised during the Premises recent history and highlighted that no representations had been received from any of the Responsible Authorities and that Model Conditions were already incorporated onto the lapse Premises Licence.  He advised that the concerns raised about the Premises were historic and were not against the previous tenants. Mr Thomas reminded the Sub-Committee that they could impose conditions which would help to negate past concerns and ensure good practice. 

 

The Sub-Committee was advised that Shaftesbury Covent Garden Limited was currently in negotiation with two potential clients and was committed in ensuring that  ...  view the full minutes text for item 2.

3.

Basement & Ground Floor, 5-6 Henrietta Street, London, WC2E 8PS pdf icon PDF 919 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward/ West End Cumulative Impact Area

Basement & Ground Floor, 5-6 Henrietta Street, London, WC2E 8PS

New Premises Licence

18/09161/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 25 October 2018

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Licensing Authority and Local Resident

 

Present: Ms Lisa Sharkey (Agent representing the Applicant), Linda Campin (representing the local resident) and Ms Daisy Gadd (Licensing Authority)

 

Basement and Ground Floor, 5-6 Henrietta Street, WC2E 8PS (“The Premises”) 18/09161/LIPN

1.

Sale by retail of alcohol:

 

Monday to Saturday: 11:00 to 00:00

Sunday: 12:00 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 Taster Food UK Ltd, (“the Applicant”) for a New Premises licence in respect of 5-6 Henrietta Street, London WC2E 8PS.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that Environmental Health and the Metropolitan Police Service had withdrawn their representations as conditions had been agreed with the Applicant.  She advised that the Licensing Authority had maintained their representation on policy grounds and the Premises was located in St James’s Ward and within the West End Cumulative Impact Area.            

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.

 

Ms Sharkey  advised that this was an application for a New Premises Licence for Sale of Retail of Alcohol from Monday to Saturday: 11:00 to 00:00 and Sunday: 12:00 to 23:30.  The Premises would operate as a restaurant and the Applicant had agreed that the model restaurant condition 66 be attached to the licence.  Ms Sharkey stated that Din Tai Fung was a world renowned restaurant operation with over 151 restaurants worldwide. 

 

Mrs Sharkey advised that the Applicant wished to retain a holding bar in the Premises purely for the use of patrons waiting to be seated in the restaurant area.  The Applicant would also like to operate the Premises slightly beyond Core Hours.  She further advised that the Premises currently had a Premises Licence that had not been surrendered to the Licensing Authority and referred to paragraphs 2.4.8 and 2.1.8 of the City Council’s Statement of Licensing Policy.  She emphasised that the new licence should be granted on the same terms as the existing licence, which allowed the Premises to operate beyond Core Hours and have a bar, on the basis that the current licence had not been surrendered yet.  Mrs Sharkey then referred to the proposed conditions and suggested amendments and deletions to the proposed conditions to be attached to the new Premises licence. The Sub-Committee noted that the Applicant wished to have a holding bar in the Premises and make changes to the some of the conditions, however, Environmental Health and the Police had withdrawn their representations on the basis that the conditions and in particular, the model restaurant condition 66 had been agreed with the  ...  view the full minutes text for item 3.

4.

Unit 29, Trocadero, 13 Coventry Street, London, W1D 7AB pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

St James’s Ward/ Not in Cumulative Impact Area

Unit 29, Trocadero, 13 Coventry Street, London, W1D 7AB

New Premises Licence

18/08646/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 25 October 2018

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Licensing Authority and local residents

 

Present: Ms Lisa Sharkey (Solicitor representing the Applicant), Mr Hadid Ahmed (Applicant, Director Global Vips Limited) and Daisy Gadd (Licensing Authority)

 

Unit 29, Trocadero, 13 Coventry Street, London, W1D 7AB (“The Premises”) 18/08646/LIPN

1.

Late Night Refreshment (Both):

 

Monday to Sunday: 23:00 to 05:00

 

 

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 Global Vips Limited, (“the Applicant”) for a New Premises licence in respect of Unit 29, Trocadero, 13

 Coventry Street, W1D 7AB.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Licensing Authority had maintained their representation on policy grounds and that the Premises was located in the West End Cumulative Impact Area (“CIA”).  She further confirmed that representation had been received by a local resident and these were in relation to noise nuisance and anti-social behaviour.

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.

 

Ms Sharkey (Applicant’s Representative) advised the Sub-Committee that Mr Ahmed  had over 29 years’ experience managing and operating convenience stores. He currently owns a similar premises in Leicester Square and was reported to be well accustomed to the local surrounding area its challenges and aware of the Local Authorities concerns. Mr Ahmed has operated the Premises for 3 years, has a SIA Registered Badge and is also a Personal Licence Holder.

 

The Sub-Committee was informed that the Premises operates as a 24 Hours convenient store and also serves a wide range of hot food which include pizzas, samosas, sausage rolls and paninis. The hot food for sale is not prepared on the Premises and is only reheated. The current premises license permits the sale of hot food between 05:00 hours to 23:00 hours. Ms Sharkey informed that Mr Ahmed wanted to serve hot food 24hrs and this was required in order to meet current demands. At present, the Applicant is unable to warm food after 23:00 hours. This condition was reported to cause conflict with customers in particular when staff members refuse their request to warm food. The Applicant informed the Sub-Committee that to diffuse potential arguments and to prevent staff being verbally abused by customers, signs advising that the equipment to heat food are faulty are displayed after 23:00 hours. Patrons are redirected to other eateries when their request for hot food is refused.

 

Ms Sharkey advised that Mr Ahmed had applied for Temporary Event Notice (TENs) and when granted these had not caused any public nuisance. They were reported to have also deter ‘conflicts’ between customers and staff members. She further stated  ...  view the full minutes text for item 4.

5.

Essentials, Unit 1, Leicester Square Station, Charing Cross Road, WC2H 0AP pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

St James’s Ward/ West End Cumulative Impact Area

Essentials, Unit 1, Leicester Square Station, Charing Cross Road, WC2H 0AP

Premises Licence

Variation

18/08641/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 25 October 2018

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Licensing Authority and Transport for London (TFL in support of the application)

 

Present: Ms Lisa Sharkey (Solicitor  representing the Applicant) and Ms Daisy Gadd (Licensing Authority)

 

Essentials, Unit 1, Leicester Square Station, Charing Cross Road,

WC2H 0AP(“The Premises”) 18/08641/LIPV

1.

Late Night Refreshment (Both):

 

Friday to Saturday: 23:00 to 05:00

 

 

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 Global Vips Limited, (“the Applicant”) for a Variation to the Premises licence in respect of Unit 1, Leicester Square Station, Charing Cross Road, London WC2H 0AP.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Licensing Authority had maintained their representation on policy grounds.  The Premises are located in St James’s Ward and within the West End Cumulative Impact Area.            

 

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.

 

 

 

 

 

 

 

 

 

Ms Sharkey advised that this was an application for a variation of a premises licence for Late Night Refreshment (on and off) the Premises Friday to Saturday: 23:00 to 05:00.  The Sub-Committee heard that the Premises currently operated as a convenience store and already benefited from a licence for the sale of alcohol off the Premises.  It was stated that Mr Ahmed (Applicant) had over 29 years’ experience managing and operating Convenience stores and was well accustomed to the local surrounding area.  Mr Ahmed was also a SIA Licence Holder and a Personal Licence Holder.  Mr Ahmed now wished to add Late Night Refreshment in line with the operation of the late night tube during the weekends.  The Sub-Committee was informed that the Premises had operated these hours under a number of Temporary Event Notices and there had been no Public Nuisance or complaints made to the relevant authorities.

 

Ms Sharkey advised that the application be granted under exceptional circumstances due to the Premises being located within  the underground public side concourse of Leicester Square tube station. Ms Sharkey advanced the argument further by stating, that there was a high level of security inside the Tube station and that people purchasing food from the Premises would be largely leaving the West End. The Sub-Committee noted that Transport for London had submitted a letter of support for the application and indicated that the Premises had no negative impact on them regarding Crime and Disorder or Public Nuisance.

 

The Licensing Authority had maintained their representation on policy grounds in accordance with Policy FFP2. Policy FFP2 states that “the grant of variations or new licences for fast food premises in the Cumulative Impact Areas should be limited to exceptional circumstances” and it  ...  view the full minutes text for item 5.

6.

3 Saville Row, London, W1S 3PB pdf icon PDF 781 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

West End Ward /

Not in a cumulative impact area

3 Saville Row, London, W1S 3PB

Temporary Event Notice

18/12161/

LITENN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No.3

Thursday 25 October 2018

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Peter Freeman and Councillor Jim Glen

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:     Sarah Craddock

Presenting Officer:     Michelle Steward

 

Relevant Representations:         Environmental Health and Metropolitan Police Service

 

Present: Mr Dave Nevitt (Environmental Health) and PC Reaz Guerra (Metropolitan Police)

 

3 Savile Row, London, W1S 3PB (“The Premises”) 18/12161/LITENN

1.

Temporary Event Notice

 

  • Sale by Retail of Alcohol
  • Late Night Refreshment
  • Regulated Entertainment

 

09:00 (30 January 2019) – 03:00 (31 January 2019)

 

 

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 Vittorio Mischi, (“the Applicant”) for a Temporary Event Notice in respect of 3 Savile Row, W1S 3PB.

 

The Presenting Officer provided an outline of the Temporary Event Notice to the Sub-Committee.  She confirmed that Environmental Health and the Metropolitan had given notice of objection under s.104 (2) of the Licencing Act (“The Act”) and that the Premises was located in St James’s Ward but not in a Cumulative Impact Area.  The Applicant, Mr Vittorio Mischi, was not in attendance as he was currently abroad.  It was stated that the Applicant had emailed earlier in the day to request an Adjournment but did not give a reason as to why he could not attend the hearing.

 

The Chairman was advised by PC Guerra that the Applicant  had been made fully aware of the hearing date and had not indicated that he would be unable to attend on that date.  The Legal Adviser advised that the Applicant  had left it very late to request an Adjournment and that Temporary Event Notices needed to be considered within a set time period as set out in the Act. In the absence of an exceptional reason provided by the Applicant and given the public interest test  the Sub-Committee decided to hear the application.

 

PC Guerra (representing the Metropolitan Police) advised that this was an application for a Temporary Event Notice to bring the Beatles together again to play on the roof of the Premises  The Sub-Committee heard that there was insufficient details describing the management of the event and how the licensing objectives would be promoted.  The Premises did not have the benefit of a Premises Licence and the event would attract huge numbers of people to the area involving road closures and high security in the area.

 

Mr Dave Nevitt (representing Environmental Health) concurred with the Metropolitan Police and advised that the proposed event was likely to increase Public Nuisance and may impact on Public Safety.  He advised that there was no details on how over 400 people would be kept safe on a roof top and that an open air event at 3am would cause a great deal of Public Nuisance.  Mr Nevitt advised that he had spoken to the Applicant about a week ago and had informed him that a great deal more detail was needed about the  ...  view the full minutes text for item 6.