Skip to main content

Agenda and minutes

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

Contact: Jonathan Deacon  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.

Bag O' Nails, 9 Kingly Street, W1 pdf icon PDF 306 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / West End Cumulative Impact Area

Bag O' Nails, 9 Kingly Street, W1

Variation of a Premises Licence

18/03731/LIPV

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st May 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Committee Officer:     Kisi Smith-Charlemagne

Presenting Officer:     Samantha Eaton

                                   

 

Relevant Representations:         The Licensing Authority, Environmental Health, Metropolitan Police and two Local Residents

 

Present: Mr Craig Baylis (Solicitor, representing the Applicant), Giovanni Delmino (on behalf of the Applicant company), Miss Daisy Gadd (Licensing Authority), Mr Dave Nevitt (Environmental Health), PC Bryan Lewis (Metropolitan Police) and Richard Brown (CAB Licensing Project representing Liz Callingham)

 

Bag O' Nails, 9 Kingly Street, W1 18/03731/LIPV

 

1.

Conditions being Varied, Added or Removed

 

Current:

 

Proposed:

 

 

 

 

Add the Following Conditions:

 

Model Condition 1

The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

 

Model Condition 2

A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

 

Condition 25

At least 2 SIA licensed door supervisors shall be on duty at the entrance of the premises at all times whilst it is open for business.

Remove the Following Condition:

 

 

Condition 13

 

Condition 14

 

Condition 21

 

Condition 22

 

Condition 23

 

Condition 24

 

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 West End Commercial Properties Ltd, for a premises licence variation in respect of Bag O Nails, 9 Kingly Street, London, W1B 5PH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Mr Baylis, representing the applicant, advised the Sub-Committee that the existing licence was old and pre dated the 2003 Licensing Act.  My Baylis further advised the Sub-Committee that the application required a tidy up of the current licence, the removal of some of the old, redundant conditions and the updating of the licence in line with new conditions such as CCTV.  Mr Baylis then went on to discuss the current terminal hours for licensable activities (03:00 Monday-Friday and 23:00 on Saturday) describing the hours as unusual.  Mr Baylis described the premises as a private members club with a capacity limit of over 350, but indicated that it was never used to its full capacity. 

 

My Baylis advised the Sub-Committee that there had been a  ...  view the full minutes text for item 1.

2.

91 Jermyn Street, SW1 pdf icon PDF 309 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward / not in cumulative  impact area

91 Jermyn Street, SW1

New Premises Licence

18/03038/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st May 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Committee Officer:     Kisi Smith-Charlemagne

Presenting Officer:     Samantha Eaton

                                   

 

Relevant Representations:         2 local residents

 

Present:   Mr Craig Baylis (Solicitor, representing the Applicant), Mr Spice (on behalf of the Applicant company)

 

91 Jermyn Street SW1 6JT  18/03038/LIPN

 

1.

 

Late Night Refreshment (Indoors)

Monday to Sunday: 23:00 to 03:30

 

 

Seasonal Variations/Non-Standard Timings:

 

From 23:00 on New Year’s Eve to 05:00 on New Year’s Day.

 

An additional hour when British Summer Time commences

 

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application from Pye Properties Ltd, for a new premises licence in respect of 91 Jermyn Street, SW1 6JT.  The premises does currently have the benefit of a premises licence (17/08750/LIPV). The Licensing Officer provided an outline of the application to the Sub-Committee,   confirming that both Environmental Health and the Metropolitan Police had withdrawn their objections after conditions were revised.

 

Mr Baylis, representing the applicant, advised the Sub-Committee that the new licence is intended to operate as a shadow licence which effectively replicates the activities, hours and conditions set out in the current licence.  My Baylis advised the Sub-Committee that there were concerns regarding the current tenant, informing the Sub-Committee that the current tenant has held the licence since 2014 and has not operated the licence in this time.  Mr Baylis explained that the current tenant owed in excess of £600,000 in service charges to the applicant.  The applicant is concerned that the tenant may surrender the existing licence and so, being cautious, is seeking a shadow licence to sit in the background.

 

Mr Baylis addressed the objections submitted by local residents, advising that the residents may have misunderstood the nature of a shadow licence.  Mr Baylis confirmed that both himself and the applicant had written to each resident and had not received any response; he then highlighted the fact that no residents had attended the committee meeting.   The Sub-Committee queried why the primary licence had not been used, but this was unknown to the applicant or his representative.  Mr Spice advised the Sub-Committee that the money owed to him was a result of contributions to service charge as the building is being refurbished.  Mr Spice also advised the Sub-Committee that his company is currently going through a tribunal process to establish exact amounts to be paid.

 

After reviewing all of the presented information and considering the residents objections, the Sub-Committee decided to grant the new licence, with the removal of  condition 32 (iii) (a) as agreed with the police.  The conditions attached to the licence were considered appropriate and proportionate in the circumstances and the Sub-Committee was therefore satisfied that the application would promote the licensing objectives.

 

2.

Sale by Retail of Alcohol – On and Off Sales

 

Monday to Saturday: 10:00 to 03:00

Sunday: 12:00 to 00:00

 

Seasonal Variations/Non-Standard Timings:

 

From the start  ...  view the full minutes text for item 2.

3.

Queens Ice Bowl, Queens Ice Club, 17 Queensway, W2 pdf icon PDF 312 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Lancaster Gate Ward / Queensway & Bayswater Cumulative  Impact Area

Queens Ice Bowl, Queens Ice Club, 17 Queensway, W2

Variation of a Premises Licence

18/03595/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st May 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Committee Officer:     Kisi Smith-Charlemagne

Presenting Officer:     Samantha Eaton

                                   

 

Relevant Representations:         The Licensing Authority, Environmental Health and local residents association.

 

Present:   Mr James Anderson-Poppleston Allen (Solicitor, representing the Applicant), Leisure Box Limited (Applicant), David Devaney (General Manager for applicant company) Miss Daisy Gadd (Licensing Authority), Mr David Nevitt (Environmental Health), Richard Brown (CAB Licensing Project on behalf of SEBRA) and John Zamit (SEBRA)

 

Queens Ice Club, 17 Queensway, London, W2 4QP, (Lancaster Gate Ward/ Queensway & Bayswater Cumulative Impact Area)  18/03595/LIPV

 

1.

To vary the premises licence and for clarity, this is licence number 17/03341/LIPVM:

 

1. To remove condition 11, 12, 13, 16 and 24.

 

2. To remove the first sentence from condition 23 (See details in 1-D).

 

3. To amend condition 41 such that it states as follows:-

In the restaurant area the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

4. To extend the red line so that alcohol can be both sold and consumed in the Ice Rink Café, the Ice Rink View Café and the Viewing Gallery areas.

 

5. To extend the existing restaurant area into the current games area.

 

6. To allow the sale and consumption of alcohol in the Ice Rink shown hatched blue on the plan limited to when there is a pre-booked private function.

 

7. To add the following conditions to promote the licensing objectives

 

a. The sale and consumption of alcohol in the Ice Rink shaded blue on the plan will only take place when there is a pre-booked private function using the Ice Rink.

 

b. In the Ice Rink Café and the Ice Rink View Café and the related Viewing Gallery areas the supply of alcohol will only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal until 7pm.

 

8.  All licensable activities and permitted hours and opening hours to remain as existing. All other conditions are to remain as existing subject to comments made by the Environmental Health Officer with whom there has been a pre-application meeting.

 

 

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 Leisurebox Limited Ltd, for a premises licence variation in respect of Queens Ice Club, 17 Queensway, London, W2 4QP.  The Licensing Officer provided an outline of the application to the Sub-Committee.

 

The applicant’s representative, Mr Anderson, advised the Sub-Committee that an issue has arisen and that he was asking for an adjournment.  He was of the view that one of the conditions (41) which the applicant was requesting to be amended, should already be a condition within the current licence and this would need further investigation. This impacted on  ...  view the full minutes text for item 3.