Agenda and draft minutes

To report any changes to the membership.

1.1       There were no changes to the membership.

 

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.

2.1       There were no declarations of interest.

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
1.	St James’s Ward / West End Cumulative Impact Area	Hard Rock Café Criterion Building 225-229 Piccadilly London W1J 9HR	New Premises Licence	20/04144/LIPN

 

LICENSING SUB-COMMITTEE NO. 3

Thursday 23 July 2020

 

Membership:              Jacqui Wilkinson (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less

 

Legal Advisor:             Horatio Chance

Committee Officer:      Georgina Wills      

Policy Officer:              Aaron Hardy

Presenting Officer:      Michelle Steward

 

Hard Rock Café, Criterion Building 225-229 Piccadilly London W1J 9HR

 

Application for a New Premises Licence [9HR 20/04144/LIPN]

 

 

Present:          Gary Grant Counsel (Legal Representative, Hard Rock Café ),                            Niall McCann (Legal Representative, Hard Rock Café ), Des                                Addis             (General Manager, Piccadilly Circus, Hard Rock Café),                             Dale Swift (Director Of Operations, Hard Rock Café) Andrew                               Bamber, (Expert Witness, Hard Rock Café), Dave Nevitt                                             (Environmental Health) and Karyn Abbott (Licensing Authority)

 

 

FULL DECISION

Premises

 

Hard Rock Café

Criterion Building

225-229 Piccadilly

London

WIJ 9HR

 

Applicant

 

Hard Rock Café (UK) Limited

 

Cumulative Impact Area

 

West End

 

Ward

 

St James’s

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence the above Premises under the Licensing Act 2003 (“The Act”). The Premises operates as a restaurant with bar facilities and is seeking to permit 65 patrons to consume alcohol in the bar area without having to take a table meal in the restaurant, reduce the terminal hour for the sale of alcohol in the bar area from 00.30 Sunday to Thursday and 01.30 Friday and Saturday (22.30 on Sunday, 23.00 Monday to Thursday and midnight Friday and Saturday) and to limit the number of patrons being permitted to queue to 40 persons

 

 

Proposed Activities and Hours

 

Late Night Refreshment (Indoors)

 

Sunday to Thursday 23:00 to 01:00 hours

Friday to Saturday 23:00 to 02:00 hours

 

Live and Recorded Music (Indoors)

 

Sunday to Thursday 10:00 to 01:00 hours

Friday to Saturday 10:00 to 02:00 hours

 

Retail Sale of Alcohol (On Sales) (Indoors)

 

Sunday to Thursday 10:00 to 00:30 hours

Friday to Saturday 10:00 to 01:30 hours

                                                                                               

Hours premises are open to the public

 

Sunday to Thursday 10:00 to 01:30 hours

Friday to Saturday 10:00 to 02:30 hours

 

(to include seasonal variations from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s day)

 

Representations Received

 

• Environmental Health (Dave Nevitt)
• Metropolitan Police (PC Adam Deweltz) (withdrawn)
• Licensing Authority (Karyn Abbott)

 

Summary of issues raised by objectors

 

• Environmental Health are of the view that the licensable activities applied for can lead to an increase in public nuisance and may impact upon public safety within the CIA.
• The Licensing Authority have concerns amongst other things as to whether the 65 persons with no ancillary nature to a meal will not add to cumulative impact.

 

 

Policy Position

 

Policies CIP1, HRS1, PB2 and RNT2 of the City Council’s Statement of Licensing Policy will apply. The Premises are located in the West End Area of Cumulative Impact and so will have to demonstrate that granting the application will not add to cumulative impact.

 

 

SUBMISSIONS AND REASONS

 

 

The Sub-Committee considered an application by the Hard Rock Cafe UK

Limited (The Applicant) for a New Premises Licence in respect of Criterion Building 225-229 Piccadilly  ...  view the full minutes text for item 1.

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
2.	West End Ward/ West End Cumulative Impact Area	Dirty Bones Ground Floor 14 Denman Street London W1D 7HJ	Premises Licence Variation	20/03768/LIPV

 

LICENSING SUB-COMMITTEE NO. 3

Thursday 23 July 2020

 

Membership:              Jacqui Wilkinson (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less

 

Legal Advisor:             Horatio Chance

Committee Officer:      Georgina Wills      

Policy Officer:              Aaron Hardy

Presenting Officer:      Michelle Steward

 

Dirty Bones Ground Floor 14 Denman Street London W1D 7HJ

 

Application for a Variation of Premises Licence [20/03768/LIPV]

 

 

Present: Alun Thomas Solicitor (Legal Representative, Dirty Bones), Cokey Sulkin (Applicant, Chief Executive Officer, Dirty Bones),Maxwell Koduah, (Environmental Health), Angela Seaward (Licensing Authority) . Richard Brown ( Westminster Citizens Advice representing, the Soho Society) and (Local Resident)

                

 

FULL DECISION

 

Premises

 

Dirty Bones

Ground Floor

14 Denman Street

London

W1D 7HJ

 

Applicant

 

Db Denham Limited

 

Cumulative Impact Area?

 

West End Cumulative Impact

 

Ward

 

West End

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of Premises Licence regarding the above Premises under the Licensing Act 2003 (“The Act”). The Premises operates as an American Restaurant and Cocktail Bar and is situated within the West End Ward and the West End Cumulative Impact Area. The Premises have had the benefit of a Premises Licence since September 2005 (Licence Number:19/16055). The Applicant seeks to vary the terminal hour for the sale of alcohol to 01:00Monday to Saturday, subject to remaining ancillary to a table meal (no change Sunday), the terminal hour for late night refreshment and closingto 01:30 Monday to Saturday (no change Sunday) andremove conditions 9 (no Bar) and embedded restrictions at 12-14, with retention of New Year’s Eve permission.

 

Proposed Activities and Hours

 

No change save for the terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

 

Representations Received

 

• Environmental Health (Maxwell Koduah)
• Metropolitan Police (PC Dave Morgan) (withdrawn)
• Licensing Authority (Angela Seaward)
• Jane Doyle (Soho Society)

 

Summary of issues raised by objectors

 

• Environmental Health are of the view that the proposed removal of conditions can lead to an increase in public nuisance and may impact upon public safety within the CIA.
• The Licensing Authority would like model restaurant condition 66 imposed (and others) to ensure that the Premises is not drink led although it does run as a restaurant. If granted these conditions will provide clarity as to what the intended nature and style of the operation is.
• The Soho Society in essence have concerns regarding the removal of Condition 9 which would allow for a bar area and the extension of the terminal hour until 01:30 hours. They go onto state “We believe another late-night Premises which closes at 01:30 would fail to promote the licensing objectives of the prevention of crime and disorder, prevention of public nuisance and public safety and will add negatively to cumulative impact. Considering all the issues raised within this representation we respectfully request this application is rejected”.

 

Policy Position

 

Policies CIP1, HRS1, PB2 and RNT2 apply under the City Council’s

Statement of Licensing Policy (“SLP”).  There is no policy presumption to

refuse a restaurant premises provided it does not  ...  view the full minutes text for item 2.

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
3.	St James’s Ward/ West End Cumulative Impact Area	Mr Fogg’s Tavern 58 St Martin's Lane London WC2N 4EA	New Premises Licence	20/04235/LIPN

 

LICENSING SUB-COMMITTEE NO. 3

Thursday 23 July 2020

 

Membership:           Councillor Jacqui Wilkinson (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less

 

Legal Advisor:         Horatio Chance

Committee Officer:  Georgina Wills     

Policy Officer:          Aaron Hardy

Presenting Officer:  Michelle Steward

 

Mr Fogg’s Tavern 58 St Martin's Lane London WC2N 4EA

 

Application for a New Premises Licence [20/04235/LIPN]

 

 

Present:        Sarah Le Fevre Counsel, Andrew Wong and Marcus Lavell 

                     (Legal Representatives, Mr Fogg’s Tavern), Charlie Gilkes &            Duncan Stirling  (Founders and Directors, Mr Fogg’s Tavern),                  David Kaner, (Covent Garden Community Association). Richard                      Brown, (Westminster  CAB)  for Local Residents 1 and 2 ,,                                 Maxwell Koduah, (Environmental Health) and Angela Seaward                   (Licensing Authority) 

 

 

FULL DECISION

 

Premises

Mr Fogg’s Tavern

58 St Martin’s Lane

London

WC2N 4EA

 

Applicant

 

St Martin’s Lane Bar Limited

 

Cumulative Impact?

 

West End

 

Ward

 

St James’s

 

Summary of Application

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Applicant intends to operate the Premises as Lounge and Bar. The Premises have had the benefit of a licence: 19/07667/LIPDPS since 2005 which remains in place. The Applicant seeks licensable activities for Films (Indoors) Recorded Music (Indoors), Late Night Refreshment (both) and the sale of alcohol both on and off the Premises with hours beyond core. The Premises will operate as a restaurant on both ground and first floors after 23:30 hours each day where customers are required to consume alcohol as part of a table meal.The Premises are located within the West End area of Cumulative Impact.

 

 

Proposed Activities and Hours

 

Films and Recorded Music

 

Monday to Saturday 10:00 to 01:00 hours

Sunday 12:00 to 00:00 hours

 

Late Night Refreshment On and Off the Premises

 

Monday to Saturday 23:00 to 01:00 hours

Sunday 23:00 to 00:00 hours

 

Supply of Alcohol On and Off the Premises

 

Monday to Saturday 10:00 to 01:00 hours

Sunday 12:00 to 00:00 hours

 

Hours Open to the Public

 

Monday to Saturday 10:00 to 01:30 hours

Sunday 12:00 to 00:30 hours

 

Representations Received

 

• Environmental Health (“EH”) - Maxwell Koduah,
• The Metropolitan Police -  PC Brian Hunter
• The Licensing Authority – Ms Angela Seward
• Two local residents
• Covent Garden Community Association (“CGCA”).

 

 

Summary of issues raised by objectors

 

• EH are of the view that the licensable activities applied for can lead to an increase in public nuisance and may impact upon public safety within the CIA.
• The Licensing Authority have concerns amongst other things that the application exceeds core hours and that Paragraph 2.5.23 of the Statement of Licensing Policy advises that the licensing authority considers the grant of variations and new licences for pubs and bars in the cumulative impact area should be limited to exceptional circumstances.
• The CGCA have concerns with the terminal hour in that it could lead to an increase in public nuisance. The first local resident objector raises similar concerns in relation to public nuisances and wishes the hours for the premises to be kept within the core hours policy. 
• The second local resident objector  ...  view the full minutes text for item 3.