Agenda and minutes

Licensing Sub-Committee (3) - Thursday 31st March, 2022 10.00 am

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

Contact: Sarah Craddock, Committee and Councillor Co-ordinator  Email:  scraddock@westminster.gov.uk Tel: 07790980186

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

1.1       There were no 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.

Minutes:

2.1       There were no declarations of interest.

1.

Micbar Karaoke and Restaurant, Basement, 46 Gerrard Street, W1D 5QH pdf icon PDF 77 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

West End*

None**

Micbar Karaoke and Restaurant, Basement, 46 Gerrard Street, W1D 5QH

New Premises Licence

21/10964/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING- SUB-COMMITTEE NO. 3

 

Thursday 31 March 2022 

 

Membership:Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow and Councillor Aziz Toki

 

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson

                            Presenting Officer:       Emanuela Meloyan

                  

Application for a New Premises Licence in respect of Micbar Karaoke & Restaurant Basement 46 Gerrard Street London W1D 5QH 21/10964/LIPN

 

 

                                           FULL DECISION

 

Premises

 

Basement

46 Gerrard Street

London W1D 5QH

 

Applicant

 

Micbar Limited

 

Cumulative Impact Area

 

West End

 

Ward

 

St James’

 

Special Consideration Zone

 

None

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises propose to operate as a Karaoke venue and restaurant located in the basement of 46 Gerrard Street. The premises have had the benefit of premises licence since October 2010.

 

There is a resident count of 142.

 

 

 

Representations received

 

        Environmental Health Service (Anil Drayan).

        Metropolitan Police (Bryan Lewis) (withdrawn 17/3/22)

        Licensing Authority (Karyn Abbott).

        1 local resident.

 

Summary of Objections

 

·       Environmental Health Service expressed concern that the hours requested for the supply of alcohol, late night refreshment and provision of regulated entertainment may undermine the licensing objectives

·       Licensing Authority expressed concern as to how the premises would promote the four licensing objectives.

 

Policy Position

 

Under Policy HRS1, applications for hours outside the core hours set out in Clause

C will be considered on their merits, subject to other relevant policies and with

particular regard to the matters identified in Policy HRS1.

 

Under Policy COMB1, applications inside the West End Cumulative Impact Zones

for premises that propose to operate as a ‘combined use premises’ will be

considered on their merits and subject to the matters identified in Policy COMB1.

 

 

SUBMISSIONS AND REASONS

 

Mr Spiegler, Solicitor for the Applicant explained the premises benefits from an existing license and has been recently positively reviewed by renowned food critique Jay Raynor. The application refers to the basement area where the Applicant would like to use this space as a mainly pre-booked karaoke event space, with some alternative events such as dinner parties or birthday parties taking place. The Applicant explained that while they are generally pre-booked, if there were patrons in the restaurant above and the space was available, they would like to accommodate them without pre-booking. Mr Spiegler stated that the premises should not be viewed as a karaoke “bar” but more as a karaoke “venue” and wanted it to be viewed by the Sub-Committee as a restaurant for licensing decisions. He explained pre-prepared food and drinks were available to those in the basement part of the venue that they would like to operate as a karaoke venue.

Mr. Spiegler stated that the basement is already licensed under the current Premises Licence and there is no new licence footprint in the cumulative impact area. The restaurant on the upper floor will operate in the same way. The businesses will trade under different names but will be using the same kitchen facilities.

In  ...  view the full minutes text for item 1.

2.

145 -147 Edgware Road, W2 2HR pdf icon PDF 8 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Hyde Park

None*

Edgware Road**

145 -147 Edgware Road, W2 2HR

New Premises Licence

21/14599/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3

 

Thursday 31 March 2022 

 

Membership:Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow and Councillor Aziz Toki

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson

                            Presenting Officer:       Emanuela Meloyan

 

 

Application for a New Premises Licence in respect of 145-147 Edgware Road London W2 2HR 21/14599/LIPN

 

 

                                             Full Decision

 

Premises

 

145-147 Edgware Road

London W2 W2HR

 

Applicant

 

Fancy Delivery UK Limited

 

Cumulative Impact Area

 

None

 

Ward

 

Hyde Park

 

Special Consideration Zone

 

Edgware Road

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises proposes to operate as a hub and supermarket for groceries to be collected in store and for delivery. This will include the sale of alcohol.

 

There is a resident count of 218.

 

 

 

 

Representations received

 

        Environmental Health Service (Maxwell Koduah - WITHDRAWN).

        Metropolitan Police Service (PC Reaz Guerra).

        1 local resident.

 

Summary of issues raised by objectors

 

The Metropolitan Police Service had maintained representation that there had been insufficient detail contained within the operating schedule to promote the licensing objectives provided. Following consultation with the Applicant, Environmental Health withdrew their representation following the adoption of conditions.

One local resident submitted an objection citing noise, hygiene and safety concerns should the licence be granted.

 

Policy Position

 

HRS1 – applications within the core hours set out below in this policy will be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies and with particular regard to the following:

 

The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance, and the protection of children from harm.

 

SCZ1 – applications within a designated SCZ should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

DC1 – applications for a delivery centre outside the West End Cumulative Impact Zone will generally be granted subject to:

 

1.     The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2.     The hours for licensable activities are within the Council’s Core Hours Policy HRS1.

3.     The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.

4.     The premises are not located in a residential area and

5.     The application and operation of the venue meeting the definition of a delivery centre in Clause D.

 

 

 

 

 

 

 

 

 

 

SUBMISSIONS AND REASONS

 

Mr Marcus Lavell, solicitor acting on behalf of the applicant, outlined the application before the Sub-Committee.  ...  view the full minutes text for item 2.

3.

Americana, Basement and Ground Floor, 11-12 Haymarket, SW1V 4BP pdf icon PDF 1 MB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

None*

West End Buffer**

Americana, Basement and Ground Floor, 11-12 Haymarket, SW1V 4BP

New Premises Licence

21/14563/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

(WESTMINSTER CITY COUNCIL LICENSISNG SUB-COMMITTEE NO. 3

 

Thursday 31 March 2022

 

Membership:Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow

and Councillor Aziz Toki

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson

                            Presenting Officer:       Emanuela Meloyan

 

 

Application for a New Premises Licence in respect of Americana Basement and Ground Floor 11-12 Haymarket London SW1Y 4BP 21/14563/LIPN

 

 

 

                                              FULL DECISION

 

Premises

 

Basement and Ground Floor

11-12 Haymarket

London

SW1Y 4BP

 

Applicant

 

Curzon and Haymarket Limited

 

Cumulative Impact Area

 

None

 

Ward

 

St James’s

 

Special Consideration Zone

 

West End Buffer

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises proposes to operate as a restaurant within the West End Buffer Special Consideration Zone.

 

There is a resident count of 22.

 

 

 

Representations received

 

        Environmental Health Service (Dave Nevitt).

        Metropolitan Police Service (PC Adam Deweltz).

 

 

Summary of Objections

 

·       The Metropolitan Police Service objected to the application on the grounds that the premises are situated within the West End Buffer Special Consideration Zone, and they believed if granted, the application could undermine the Licensing Objectives in relation to the Prevention of Crime and Disorder.

 

·       Environmental Health Service objected to the application on the grounds the proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.

 

Policy Position

 

Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

 

Under Policy RTN1, applications outside the West End Cumulative Impact Zone will generally be granted subject to 1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.  2. The hours for licensable activities being within the Council’s Core Hours Policy HRS1. 3. The applicant has taken account of the Special Consideration Zones.

 

Under Policy SCZ1, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule. 

 

 

 

SUBMISSIONS AND REASONS

 

 

Ms Emanuela Meloyan, Senior Licensing Officer, summarised the application as set out in the report before the Sub-Committee.  She explained that the application was for a new Premises Licence to operate as a restaurant.

 

Mr James Rankin, Counsel for the Applicant outlined the application.  He explained that the premises were already licensed under the previous tenants, but the licence was tied to them. If they did not surrender over their licence, the Applicant could be in a situation where they were suddenly without a licence.  The Applicant wanted a licence in  ...  view the full minutes text for item 3.