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Agenda and minutes

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

Contact: Sarah Craddock, Committee and Councillor Support Co-ordinator  Email:  scraddock@westminster.gov.uk Tel: 0779098018

Items
No. Item

1.

Membership

To report any 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.

1.

Basement and Ground Floor, 16 Manette Street, W1D 4AR pdf icon PDF 398 KB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

West End*

None**

Basement and Ground Floor, 16 Manette Street,      WIF 4AR

New Premises Licence

21/04707/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 23rd September 2021

 

Membership:           Councillor Jim Glen (Chair), Councillor Louise Hyams and Councillor Maggie Carman

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Application for a New Premises Licence 21/04707/LIPN

 

Full Decision

 

Premises

 

Basement and Ground Floor

16 Manette Street

London

W1D 4AR

 

Applicant

 

Mr Brian Kavanagh

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

Ward

 

West End

 

Special Consideration Zone

 

None

 

Summary of Application

 

This is an application for a new Premises Licence.  The Premises proposes to operate as an Italian restaurant with a capacity of 40 customers, excluding staff, and would operate with licensable activities authorising the sale of alcohol (on the Premises) between 11:00 to 22:30 Monday to Sunday. The original application had sought Live and Recorded Music however this aspect of the application had been withdrawn and was no longer sought by the Applicant. The Environmental Health Service, the Metropolitan Police Service and the Licensing Authority had maintained their representations as they all had concerns as to how the Premises would promote the four Licensing Objectives.  The Premises was not situated in a residential area.

 

 

Activities and Hours applied for

 

Retail Sale of Alcohol [On Sales]

 

Monday to Sunday 11:00 to 22:30

Sunday 06:30 to 00:00

 

Seasonal Variation/Non-Standard Timings:  None

 

Hours premises are open to the public

 

Monday to Sunday 07:00 to 23:00

 

Adult Entertainment: None

 

Representations Received

 

·       Metropolitan Police Service (PC Reaz Guerra)

·       Environmental Health Service (“EH”) (Maxwell Koduah)

·       Licensing Authority (Roxana Haq)

·       The Soho Society

·       3 Local Residents

 

Summary of issues raised by objectors

 

·       The application as presented would have the likely effect of undermining the Licensing Objectives in a locality where there was traditionally high levels of crime and disorder.

 

·       There was insufficient detail within the operating schedule to promote the Licensing Objectives.

 

·       The Premises was located within the West End Cumulative Impact Area and therefore the applicant had to demonstrate exceptional circumstances to allow the Sub-Committee to depart from policy.

 

Policy Position

 

The Premises is located within the West End Cumulative Impact Area and as such various policy points under the City Council’s Statement of Licensing Policy (SLP) must be considered, namely CIPI, HRSI and RTNI.

 

SUBMISSIONS AND REASONS

 

Kevin Jackaman Presenting Officer summarised the application for the purposes of the Sub-Committee. He advised that this was an application for a New Premises Licence for an Italian Restaurant in respect of Basement and Ground Floor, 16 Manette Street, W1D 4AR.  The Applicant had applied for a Premises capacity of 40 customers, excluding staff, and licensable activities authorising the sale of alcohol (on the Premises) between 11:00 to 22:30 Monday to Sunday.  He further advised that additional submissions had been received from the Police which had been circulated to all the relevant parties before the Sub-Committee hearing.

 

Mr Brian Kavanagh the Applicant addressed the Sub-Committee and provided a detailed overview of the intended operation of the Premises which was to sell pizza and pasta with  ...  view the full minutes text for item 1.

2.

Milk and Honey (Shadow Licence), 61 Poland Street, W1F 7NU pdf icon PDF 8 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

West End*

None**

Milk and Honey (Shadow Licence), 61 Poland Street, W1F 7NU

New Premises Licence

21/02909/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 23 September 2021

 

Membership:           Councillor Jim Glen (Chairman), Councillor Louise Hyams and Councillor Maggie Carman

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Application for a New Premises Licence 21/02902/LIPN

 

Full Decision

 

Premises

 

61 Poland Street

London

W1F 7NU

 

Applicant

 

Mrs Heena Rajiv Sodha

Represented by Craig Baylis (Agent for the Applicant)

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

Ward

 

West End

 

Special Consideration Zone

 

None

 

Summary of Application

 

The Freeholders of the Premises known as “Milk and Honey” have applied for a shadow licence due to a  current commercial dispute with their tenant regarding unpaid rent during the Covid-19 pandemic.

 

Activities and Hours applied for

 

Retail Sale of Alcohol [On and Off Sales]

 

Monday to Saturday 10:00 to 03:00

Sunday 10:00 to 00:30

 

Seasonal Variation/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On the morning on which British summer time begins, the permitted hours shall extend until 04:00 hours and opening hours until 04:30.  Sundays before bank holidays (except Easter Sunday) 09:00 to 03:00.

 

Late Night Refreshment

 

Monday to Saturday 23.00 to 03.30

Sunday 23:30 to 02:00

 

Seasonal Variation/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On the morning on which British summer time begins, the permitted hours shall extend until 04:00 hours and opening hours until 04:30.  Sundays before bank holidays (except Easter Sunday) 09:00 to 03:30.

 

Performance of Dance, Film, Performance of Live Music, Recorded Music and Anything of a Similar Description

 

Monday to Saturday 09.00 to 03.00

Sunday 09:00 to 02:00

 

Seasonal Variation/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On the morning on which British summer time begins, the permitted hours shall extend until 04:00 hours and opening hours until 04:30.  Sundays before bank holidays (except Easter Sunday) 09:00 to 03:00.

 

Hours premises are open to the public

 

Monday to Saturday 09.00 to 03.30

Sunday 09:00 to 02:00

 

Seasonal Variation/Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.  On the morning on which British summer time begins, the permitted hours shall extend until 04:00 hours and opening hours until 04:30.  Sundays before bank holidays (except Easter Sunday) 09:00 to 03:30.

 

Representations Received

 

·       Licensing Authority (withdrawn following agreement with conditions)

·       Soho Society (withdrawn following consultation)

·       Three local residents (following consultation one resident withdrew their representation)

 

Summary of issues raised by objectors

 

·       The application will likely have the effect of undermining the four Licensing Objectives in a locality where there was traditionally high levels of public nuisance and crime and disorder.

·       This property backs onto Sandringham Court in Dufours Place. Any licence granted must take into account the right of residents to have a peaceful  ...  view the full minutes text for item 2.

3.

Cumberland Food and Wine, 11 Great Cumberland Place, W1H 7LU pdf icon PDF 7 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Bryanston & Dorset Square

None*

Edgeware Road**

Cumberland Food and Wine, 11 Great Cumberland Place,     W1H 7LU

Variation to Premises Licence

21/02317/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 23 September  2021

 

Membership:           Councillor Jim Glen (Chair), Councillor Louise Hyams and Councillor Maggie Carman

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Application for a Premises Licence Variation 21/02317/LIPV

 

Full Decision

 

Premises

 

Cumberland Food and Wine

11 Great Cumberland Place

London

W1H 7LU

 

Applicant

 

Chelsea Food and Wine Company Limited

Mr Shahnawaz Alwani (Applicant)

Represented by Thomas O’Maoileoin (Solicitorl for the Applicant)

 

Cumulative Impact Area?

 

None

 

Ward

 

Bryanston and Dorset Square

 

Special Consideration Zone

 

Edgware Road

 

Summary of Application

 

The Premises currently operates as a convenience store with ‘off’ Sales of Alcohol.  The Applicant wishes to vary the existing Premises Licence to vary the terminal hour for the sale of alcohol for consumption off the Premises to 00:00 Monday to Saturday until 30 September 2022.  In addition, the Applicant wishes to remove the Environmental Health works conditions namely Conditions 12, 24 and 36.  The Premises have had the benefit of a Premises Licence since October 2005.  The Environmental Health Service and the Metropolitan Police Service have maintained their representations on the grounds of the prevention of crime and disorder and that the proposed permanent increase in hours of ‘off’ sales of alcohol and the removal of the ‘works’ conditions may lead to an increase in Public Nuisance and Public Safety in the area.  The Marylebone Association have also maintained their representation on the grounds that extending ‘off’ sales of alcohol beyond the Council’s Core Hours Policy would be counter to policies PN1 and CD1 and outside HRS1.

 

Current and Proposed Activities and Hours

 

Retail Sale of Alcohol [Off Sales]

 

The hours for the sale of alcohol off the Premises shall be extended to 00:00 until 30 September 2022.  From 1st October 2022, the hours for off sales will revert to: 08:00 to 23:00 Monday to Saturday and 10:00 to 22:30 Sunday

 

Current Hours

Monday to Saturday 08:00 to 23:00

Sunday 10:00 to 22:30

 

Proposed Hours

Monday to Sunday 08:00 to 00:00

 

Seasonal Variation/Non-Standard Timings: None

 

Retail Sale of Alcohol [On Sales] – No Change

 

Monday to Thursday 10.00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday 12:00 to 22:30

 

Seasonal Variation/Non-Standard Timings: None

 

Late Night Refreshment – No Change

 

Monday to Sunday 23.00 to 05.00

Sunday 23:30 to 00:00

 

Seasonal Variation/Non-Standard Timings: None

 

Hours premises are open to the public – No Change

 

Monday to Sunday 08:00 to 05.00

 

Removal of EH works conditions at 12, 24 and 36

 

Representations Received

 

·       Metropolitan Police Service (PC Adam Deweltz)

·       Environmental Health Service (“EH”) (Ian Watson)

·       Marylebone Association (Mr Guy Austin represented by Mr Richard Brown, Licensing Lawyer from the Westminster Citizens Advice Bureau)

·       Cumberland Court (not present at the hearing)

·       Cumberland Court Tenants Association (not present at the hearing)

 

Summary of issues raised by objectors

 

·       The application as presented would have the likely effect of undermining the Licensing Objectives, namely the prevention of crime and disorder as there is a likelihood that  ...  view the full minutes text for item 3.

4.

Mubao Beauty, Basement, 26 Wardour Street, W1D 6QL pdf icon PDF 18 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

None*

None**

Mubao Beauty, Basement, 26 Wardour St, WID 6QL

Renewal of a Special Treatment Licence

21/06078/LIMSTR

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 6

 

Thursday 23 September 2021

 

Membership:           Councillor Jim Glen (Chair), Councillor Louise Hyams and Councillor Maggie Carman

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Application for a Renewal of a Special Treatment Premises Licence under Part 11 of the London Local Authorities Act 1991 21/06078/LIMSTR

 

Full Decision

 

Premises

 

Mubao Beauty

Basement

26 Wardour Street

London

W1D 6QL

 

Applicant

 

Mubao Beauty

Represented by Nigel Carter (Cater Consultancy)

 

Ward

 

St James’s

 

Summary of Application

 

The Sub-Committee has determined an application for a Renewal of a Special Treatment Premises Licence under Part 2 of the London Local Authorities Act 1991 (“The Act”) as follows:-

 

·       To allow massages and facials to be provided at the Premises to men and women during separate sessions.

 

·       To provide massage treatment from 11.00 until 00:00 on every day of the week (including Sundays).

 

 

 

 

Representations Received

 

·       Metropolitan Police Service (PC Adam Deweltz, PC Reaz Guerra, PC Jenny Fletcher and PC Jonathan Cheung)

·       Licensing Authority (Steve Rowe and City Inspector Kay Cummings)

 

Summary of issues raised by objectors

 

·       The Metropolitan Police Service are concerned that the Premises have been or are being improperly conducted.  Intelligence gathered shows the Premises may be involved in offering sexual services to its customers.  There is also concern for the wellbeing of members of staff at the Premises.

·       The Licensing Authority have the same concerns as the Police as well as the numerous alleged breaches of conditions on the current Premises Licence.

 

SUBMISSIONS AND REASONS

 

Kevin Jackaman, Presenting Officer, summarised the application for the purposes of the Sub-Committee. He advised that this was an application for a Renewal of a Special Treatment Premises Licence under Part 11 of the London Local Authorities Act 1991. The Sub-Committee noted that representations had been received from the Metropolitan Police Service and the Licensing Authority.  The Sub-Committee noted that the Premises are in the St James’s Ward.

 

Mr Nigel Carter, representing the Applicant, addressed the Sub-Committee and introduced the application. He apologised for Ms Liang’s absence due to her being in China and the covid restrictions on travelling.  He further advised how shocked Ms Liang had been regarding the Police’s allegations made against Mubao Beauty dating back to 2016 and the objection to the renewal of the licence.  He confirmed that all the allegations were denied and that it was unacceptable that the Applicant was now only being made aware of these allegations some four years later.  He added that if the allegations had been brought to the attention of the Applicant at the time, she would have been able to investigate, and take the appropriate action . 

 

Mr Carter advised of the layout of the Basement as well as the whole building at 26 Wardour Street.  He added that there had always been Chinese girls soliciting outside of the shop ever since it had opened. He added that no action had ever been taken by the Council or the Police.  He explained that  ...  view the full minutes text for item 4.