Agenda and draft minutes

Licensing Sub-Committee (5) - Thursday 21st April, 2016 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no 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.

Minutes:

Councillor Angela Harvey declared in respect of Private Members Club, Basement to First Floor, 1A Chesterfield Street, W1 that she had lived a number of years ago in a residence in Pimlico where Adam Goodison was the freeholder.  He is the son of Sir Nicholas Goodison, an objector to the current application.  Councillor Harvey informed those present that she had not discussed the nature of the application with either Sir Nicholas or Adam Goodison and that this occurrence would not affect her decision making when considering the application.

3.

Basement to First Floor 1A Chesterfield Street W1 pdf icon PDF 13 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward / not in cumulative impact  area

Basement to First Floor, 1A Chesterfield Street, W1

New

16/01480/LIPN

 

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 21st April 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Jan Prendergast and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Ola Owojori

 

Relevant Representations:         Environmental Health, 5 x residents.

 

Present:  Mr Stephen Walsh QC (representing the Applicant), Mr Jack Spiegler (Solicitor, on behalf of the Applicant), Mr Pierre-Charles Cros and Mr Romée de Goriainoff (Director, Applicant Company), Mr Dave Nevitt (Environmental Health), Mr Craig Baylis (Solicitor, representing local residents), Sir Nicholas Goodison, Mrs Valentina Gupta and Ms Elizabeth Philion (local residents).

 

Declaration: Councillor Angela Harvey declared that she had lived a number of years ago in a residence in Pimlico where Adam Goodison was the freeholder.  He is the son of Sir Nicholas Goodison, an objector to the current application.  Councillor Harvey informed those present that she had not discussed the nature of the application with either Sir Nicholas or Adam Goodison and that this occurrence would not affect her decision making when considering the application.

 

Private Members Club, Basement to First Floor, 1A Chesterfield Street, W1

16/01480/LIPN

 

1.

Regulated Entertainment (Recorded Music)

 

 

Monday to Saturday:                            10:00 to 01:00

Sunday:                                                 12:00 to 23:30

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

Mr Walsh, representing the Applicant, made the point that his clients operated 16 licensed premises worldwide.  These included the Experimental Cocktail Club in Gerrard Street and a French style restaurant in Neal’s Yard.  He confirmed that it was the case that the premises at Chesterfield Street had operated as a private members club under a Club Premises Certificate.  It was proposed that the premises would now operate as a private proprietary members club.  Mr Walsh stated that it was proposed that there would be more stringent conditions on this licence than the Club Premises Certificate.  The hours would be the same as those on the Club Premises Certificate.  He explained that the Club Premises Certificate had been suspended because the annual fee had not been paid in 2014.  It could potentially be resurrected.

 

Mr Walsh addressed the Sub-Committee on the plans.  The building was in a state of disrepair and it was intended to refurbish it so that it was sympathetic to the environment in Chesterfield Street.  It was proposed that the basement area would be used for kitchen facilities and toilets and therefore excluded from any licensable activities.  Mr Walsh advised the Sub-Committee that he had no difficulty with the basement not being part of the licensed area.  Members of the Club would be greeted in the lobby.  A dining area was proposed on the ground floor which would be subject to the Council’s model restaurant condition.  There would also be a small bar area on the ground floor.  The Sub-Committee was advised that there was a bar in existence already on the first floor and it was proposed to add a private dining area on the first floor.

 

Mr Walsh  ...  view the full minutes text for item 3.

4.

Raw And BBQ Basement and Part Ground Floor 11 Berkeley Street W1 pdf icon PDF 13 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward / not in cumulative impact  area

Raw And BBQ Basement and Part Ground Floor, 11 Berkeley Street, W1

New

16/01829/LIPN

 

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 21st April 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Jan Prendergast and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Ola Owojori

 

Relevant Representations:         Letter in support from Heart of London Business Alliance, Environmental Health, 10 x residents objecting to application.

 

Present:  Mr Stephen Walsh QC (representing the Applicant), Mr Alun Thomas (Solicitor, on behalf of the Applicant), Mr Keiran Terry (Operations Director, Samba Brands), Mr Adrian Studd (Independent Licensing Consultant), Mr Anil Drayan (Environmental Health), Mr Ned Westaway (Counsel, representing residents of 10 Berkeley Street), Mr Gordon Yeoman and Miss Irena Timofeeva (local residents of flats at 10 Berkeley Street),Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – on behalf of Mrs Jaleh Z and) and Mrs Jaleh Z and (local resident and Chairman of 17 Berkeley Street Residents Association).

 

Raw And BBQ, Basement And Part Ground Floor, 11 Berkeley Street, W1

16/01829/LIPN

 

1.

Regulated Entertainment (Recorded Music)

 

 

Monday to Saturday:                            08:00 to 01:00

Sunday:                                                 09:00 to 23:30

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

The Sub-Committee initially heard from Mr Walsh, representing the Applicant.  He stated that the application was for a fine dining restaurant which was in keeping with the Council’s model restaurant condition, MC66.  Customers would be met and greeted in the holding bar prior to being taken to their table.  The main restaurant on the ground floor would be a raw meat and fish food bar.  There would be a small service bar with some seating around the ground floor void area.  It would be possible to look down through the void area to the basement area below where there was an open kitchen. The basement would consist of a seated servery with a more formal seating arrangement throughout the area.  Mr Walsh explained that the Applicant was seeking to permit customers to have a drink in the holding bar prior to having a meal or after having the meal.

 

Mr Walsh referred to a document included in the report known as the ‘Statement of Community Involvement’ setting out the consultation process which had been undertaken at the instigation of the Applicant.  Mr Walsh advised that there had been several meetings with stakeholders including residents’ associations and a West End Ward councillor.  A public exhibition with the proposals had been held over a two day period with twenty one attendees.  Letters had been distributed to over 500 local residents and businesses.  Mr Walsh commented that there had been broad support received for the proposals in the consultation process but that he appreciated that there were concerns set out in local residents’ representations.  He drew Members’ attention to the acoustic report that had been commissioned and the Best Practice Management Plan which had informed the conditions which had been proposed and included the dispersal policy and the way the premises would be managed.  The proposed conditions would include  ...  view the full minutes text for item 4.

5.

The Clifton 96 Clifton Hill NW8 pdf icon PDF 4 MB

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Abbey Road Ward / not in cumulative impact  area

The Clifton, 96 Clifton Hill, NW8

New

16/01702/LIPN

 

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 21st April 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Jan Prendergast and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Ola Owojori

 

Relevant Representations:         In support – 52 x residents and representation from 72 interested parties

 

                                                    Objections - Environmental Health, 10 x residents (a copy of one of the representations was signed by 86 other residents).

 

Present:  Mr Niall McCann (Solicitor, representing the Applicant), Mr Alun Thomas (Solicitor, on behalf of the Applicant), Mr Ben Robson and Mr Ed Robson (Applicant Company), Councillor Lindsey Hall (representing Mr Maxwell Owusu Koduah and Mr Anil Drayan (Environmental Health), Mr Andrew Woods (Counsel, representing residents objecting to application), Mr John Harrison, Mr Simon Aron and Mr Simon Blackford (local residents objecting to application)

 

The Clifton, 96 Clifton Hill, NW8

16/01702/LIPN

 

1.

Late Night Refreshment (Indoors)

 

 

Monday to Saturday:                            23:00 to 23:30

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

 

Prior to the hearing the Applicant’s Representative, Mr McCann, produced a written statement of his clients’ case.  The Sub-Committee also received the views of Mr McCann and Mr Woods, representing the Clifton Hill Residents Group (local residents who had particular concerns about the application).  Mr McCann commented at the hearing that it was his understanding that the residents Mr Woods was representing were not requesting that the application was refused but that specific conditions were attached to the premises licence.

 

Mr McCann stated that there had been a pub at the premises for a very long time until it was closed in 2013.  The current landlord had intended to achieve a change of planning use and develop the premises into a single dwelling house.  The planning application was rejected and ultimately The Clifton was given Asset of Community Value status which protects the premises’ use as a pub.  He added that whilst good quality food would be served, the Robson brothers wished to run The Clifton as a pub and not a restaurant.  The proposed hours of operation which were less than the Council’s Core Hours policy were the same as those on the previous licence.  He commented that it was possible when referring to the plans that the microbrewery concept would not be taken forward.

 

Mr McCann explained that the pub needed to be renovated. There would be an improvement in comparison with the previous incarnation of the premises in that there would be improved conditions on the premises licence, a superior layout and soundproofing.  He also referred to the consultation that his clients had carried out with the local community.  He made the point that there was significant support for the venture, as demonstrated in the many representations in favour.  He appreciated that there were some concerns but ultimately the Robsons were keen that local residents were patrons of The Clifton.

 

In terms of the proposed conditions, Mr McCann stated that a number of proposed conditions had  ...  view the full minutes text for item 5.

6.

Ladbrokes 25 Argyll Street, W1 pdf icon PDF 15 MB

App

No

Ward

Site Name and Address

Application

Licensing Reference Number

4.

West End Ward

Ladbrokes 25 Argyll Street, W1

Review Betting (Other) Premises Licence under Gambling Act 2005

16/00086/LIREVG

 

 

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 21st April 2016

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Jan Prendergast and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

Ladbrokes, 28 Argyll Street, W1

16/00086/LIREVG

 

 

The application was adjourned.