Agenda and minutes

Licensing Sub-Committee (3) - Thursday 21st March, 2024 10.00 am

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

Contact: Jonathan Deacon: Senior Committee Councillor Coordinator  Email:  jdeacon@westminster.gov.uk

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:

2.2       There were no declarations of interest.

1.

Chiltern Firehouse, 1 Chiltern Street, W1U 7PA pdf icon PDF 1 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Marylebone

 

*  None

 

** None

Chiltern Firehouse

1 Chiltern Street

W1U 7PA

 

Premises Licence Variation

23/08839/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.

(“The Committee”)

 

Thursday 21 March 2024

 

 

Membership:           Councillor Robert Eagleton (Chair),

Councillor Concia Albert and

Councillor Ed Pitt Ford

 

Officer Support:       Legal Adviser:         Steve Burnett 

Policy Officer:          Aaron Hardy 

Committee Officer:  Jonathan Deacon 

Presenting Officer:   Kevin Jackaman 

Other Parties:          Mr P Kolvin KC (Applicant’s Counsel) 

Marcus Lavel – Keystone Law (Solicitor for the Applicant)

Mr Hamish Thompson (Managing Director for the Applicant) 

Mr Richard Vivian (Acoustic Expert for the Applicant)

 

Anil Drayan (Environmental Health Service - EHO) 

Janet Lee, Gloria May, Heather Adlam (Interested Parties) 

Camilla Johnson-Hill (Interested Party attending virtually)

Richard Brown (on behalf of the Interested Parties named above and Jasmin Sohi) 

 

FULL DECISION

 

Application for a variation of Premises Licence in respect of Chiltern Firehouse, 1 Chiltern Street, London W1U 7PA - 23/08839/LIPV.

 

Premises

 

Chiltern Firehouse

1 Chiltern Street

London

W1U 7PA

 

Applicant

 

Chiltern Street Hotel Limited

 

Ward

 

Marylebone

 

 

 

Cumulative Impact

 

None

 

Special Consideration Zone

 

None

 

There is a resident count of 186.

 

Application

 

This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”).  The premises currently trades a hotel and has had the benefit of a Premises Licence since 2012.

 

This application is made in line with the Westminster Council's recent decision to grant a variation of the conditions attached to the Planning Permission for this site, under Planning Application 23/02315/FULL, and is to amend the wording of Condition 46 on the current Premises Licence, to:

 

46. All tables and chairs shall be removed from the outside area or rendered unusable by 21:00 daily Sunday to Wednesday, and 22:00 daily Thursday, Friday and Saturday.

 

The current Condition 46 reads:

 

46. All tables and chairs shall be removed from the outside area or rendered unusable by 21:00 each day save that up until 30 September 2022 the hour shall be extended to 22:00 in respect of the courtyard only after which time the condition shall be reinstated and thereafter remain in full force and effect.

 

Representations Received

 

·       Anil Drayan – Environmental Health Services (EHS)

 

·       4 Objections - Resident.

 

·       6 Support – Resident.

 

Issues raised by Objectors.

 

The EHS states the application will lead to an increase in public nuisance.

 

The objecting resident state a grant of the application will cause an impact until the courtyard is closed. It has an impact on health and sleep. Any grant should again be temporary until a proper assessment has been conducted.

 

The supporting residents state matters not relating to the Licensing Objectives

Westminster City Council’s Licensing Policy Considerations

 

Policy HRS 1,

 

A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

Hotel Core Hours:

 

Monday to Thursday: 9am to 11.30pm.

Friday and Saturday: 9am to Midnight.

Sunday: 9am to 10.30pm.

Sundays immediately prior to a bank holiday: 9am to Midnight.

For the sale of alcohol to guests for consumption in

hotel/guest  ...  view the full minutes text for item 1.

2.

M&S Simply Food, 83-85 Shaftesbury Avenue, W1D 5DA pdf icon PDF 2 MB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

 

M&S Simply Food

83-85 Shaftesbury Avenue

W1D 5DA

 

New Premises Licence

24/00330/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 21 March 2024

 

 

Membership:           Councillor Robert Eagleton (Chair),

Councillor Concia Albert and

Councillor Ed Pitt Ford

 

Officer Support:       Legal Adviser:         Steve Burnett 

Policy Officer:          Aaron Hardy 

Committee Officer:  Jonathan Deacon 

Presenting Officer:   Kevin Jackaman 

Others present:       Mr Luke Elford (John Gaunt & Partners, representing the Applicant),

Mr Jody Styles (Applicant Company),

 

Mr Maxwell Koduah (Environmental Health - EHS),

PC Dave Morgan (Metropolitan Police - MPS) and

Mr James Hayes (Licensing Authority - LA).

 

FULL DECISION

 

Application for a New Premises Licence in respect of M&S Simply Food

83 - 85 Shaftesbury Avenue, London W1D 5DX - 24/00330/LIPN.

 

Premises

 

M&S Simply Food

83 - 85 Shaftesbury Avenue

London

W1D 5DX

 

Applicant

 

London Retail Partners Limited

 

Ward

 

West End

 

Cumulative Impact

 

West End

 

 

 

Special Consideration Zone

 

None

 

There is a resident count of 100.

 

Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). The premises intends to trade as a Marks and Spencer’s (M&S) Simply Food retail store.

 

To Permit:

 

           The sale of alcohol (off sales)

          

Mondays to Saturdays - 08:00 to 23:00

Sundays 09:30 to 22:30

 

Opening Times:

 

Sundays to Thursdays 06:00 to 24:00

Fridays and Saturdays 00:00 to 24:00

 

 

Representations Received

 

·       Karyn Abbott – Licensing Authority (LA)

 

·       Maxwell Koduah – Environmental Health Services (EHS)

 

·       PC Dave Morgan – Metropolitan Police Service (MPS)

 

Issues raised by Objectors.

 

The LA state that the premises will be a M&S Simple Food would the applicant agree to:

 

MC86. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a grocery shop.

 

The LA would also like to know if the premises will be doing any deliveries and how this will monitor and control off sales, and how the premises will not add to cumulative impact in the in accordance with policy CIP1.

 

The EHS state the hours requested to supply alcohol would have the likely effect of causing an increase in Public Nuisance and public safety. Additional conditions are being proposed to meet the licencing objectives of Public Nuisance and Public Safety.

 

The MPS state the addition of conditions would prevent crime and disorder and protect children in the CIZ.

 

Policy Considerations

 

Policy CIP1

 

A. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises, and music and dancing and similar entertainment, other than applications to:

 

1. Vary the hours within Core Hours under Policy HRS1, and/or

2. Vary the licence to reduce the overall capacity of the premises.

 

C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.

 

Policy HRS 1

 

A. Applications within the core hours set out below in this policy will generally be granted for the relevant  ...  view the full minutes text for item 2.