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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:
There were no declarations of interest.
|
3. |
Burger & Lobster, W London Leicester Square, 10 Wardour Street, W1 PDF 2 MB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
1.
|
St James’s /
West End Cumulative Impact Area
|
Burger & Lobster,
W London Leicester Square, 10 Wardour
Street, W1
|
New
|
16/03578/LIPN
|
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday
11th August 2016
Membership:
Councillor Angela Harvey (Chairman), Councillor Peter Freeman and
Councillor Shamim Talukder
Legal
Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee Officer:
Jonathan Deacon
Presenting Officer: Darren O’Leary
Relevant Representations: Metropolitan
Police.
Present: Ms Sarah Le Fevre (Counsel, representing the Applicant), Mr
James Warrillow (Operations Director,
Applicant Company), Mr Thomas O’Maoileoin (Solicitor, on behalf of the Applicant) and
PC Bryan Lewis (Metropolitan Police)
Burger & Lobster, W London Leicester Square, 10 Wardour Street, W1
16/03578/LIPN
|
1.
|
Late
Night Refreshment (Indoors & Outdoors)
|
|
Monday to Sunday:
23:00 to 01:00
|
|
Amendments to application
advised at hearing:
|
|
None.
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee initially heard from Ms Le Fevre,
representing the Applicant. She
referred Members of the Sub-Committee to the written
‘skeleton argument’ that she had provided on behalf of
her client and was included in the report. She emphasised that
the premises are part of the W Hotel (Burger & Lobster is
located in the mezzanine and ground floor areas where Spice Market
had previously traded) and are currently licensed under the
licence held by W Leicester Square Ltd
(15/101063/LIPVM) for the Hotel. Burger
and Lobster had been trading there for the past five weeks without
any issues having been raised.
Ms Le Fevre
also provided the background information that Burger and Lobster is
a food driven chain with a number of premises in the UK (including
London) and the US.
Ms Le Fevre stated that she had anticipated that Members
might have some concerns about a secondary licence at the premises. A condition was being offered that
‘the applicant will accept a condition that the premises
licence, if granted, will not be
transferred to or traded by any legal or natural person saving
B&L and/or any genuine successor/ancillary
company’. She made the case for
the application being an exception to policy in the West End
Cumulative Impact Area, including that the existing licence for the Hotel was able to open to the
public 24 hours a day, the primary function of the premises was as
a restaurant and there were notable differences in some of the
licensable activities and hours being sought in comparison to the
Hotel licence, including regulated
entertainment not being applied for.
In response to the Sub-Committee regarding potential
outside use of tables and chairs, Ms Le
Fevre and Mr O’Maoileoin replied that they had
previously been located outside but there were none there
currently. It was the intention of the
Applicant to submit a revised application for a ‘tables and
chairs’ licence (which required
planning consent) for Lisle Street and Wardour Street with 27 tables and 56
chairs. This would be until 23:00 which
had been the same as for Spice Market.
The original application for the ‘tables and chairs’
licence submitted by the Applicant
which had included windbreakers and more tables and chairs than
would be sought in the revised application was likely to be
withdrawn.
The Sub-Committee was ...
view the full minutes text for item 3.
|
|
4. |
Queen's Ice Bowl, 17 Queensway, W2 PDF 3 MB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
2.
|
Lancaster Gate /
Queensway/Bayswater Cumulative Impact Area
|
Queen's Ice Bowl, 17
Queensway, W2
|
Variation
|
16/05320/LIPV
|
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday
11th August 2016
Membership:
Councillor Angela Harvey (Chairman), Councillor Peter Freeman and
Councillor Shamim Talukder
Legal
Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee Officer:
Jonathan Deacon
Queen’s Ice Bowl, 17 Queensway, W2
16/05320/LIPV
|
The application was Granted under Delegated Authority as all
representations had been withdrawn.
|
|
5. |
40 Chepstow Road, W2
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
3.
|
Bayswater / not in
cumulative impact area
|
40 Chepstow Road,
W2
|
Temporary Event
Notice
|
16/07785/LITENN
|
Additional documents:
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday
11th August 2016
Membership:
Councillor Angela Harvey (Chairman), Councillor Peter Freeman and
Councillor Shamim Talukder
Legal
Adviser: Barry
Panto
Policy
Adviser: Chris
Wroe
Committee Officer: Jonathan
Deacon
Presenting Officer: Yolanda
Wade
Objections: Metropolitan Police and Environmental
Health.
Present:
Premises User, Owner of premises, PC Toby Janes
(Metropolitan Police) and Mr Dave Nevitt (Environmental
Health)
40
Chepstow Road, W2 – Temporary Event Notice
16/07785/LITENN
|
Proposed licensable
activities: The sale by retail of alcohol (On and Off sales) and
late night refreshment.
Times during the
proposed event period when it is proposed to carry on licensable
activities: 08:00 to 00:00 on 27 August 2016, 08:00 to 00:00 on 28
August 2016 and 08:00 to 00:00 on 29 August 2016.
|
|
Decision (including reasons if
different from those set out in report):
|
|
A Temporary Event Notice (‘TEN’) was submitted
seeking on and off sales of alcohol and the provision of late night
refreshment from 08:00 to midnight on 27, 28 and 29
August. The Premises User and his
partner, the premises owner, advised the Sub-Committee during the
hearing that they would like to modify the TEN as they wished to
sell alcohol, soft drinks and water (the alcohol would include rum
punch and cans of beer) from midday until 20:00 on Sunday 28 August
and Monday 29 August when the Notting
Hill Carnival was taking place.
They were no longer seeking on and off sales on Saturday 27
August. These items would be sold on
the raised patio area outside the house (but inside the railings)
to a maximum of 8 to 10 people at any one time rather than the 100
sought in the original notice. The
Premises User informed the Sub-Committee that they had sold alcohol
during the Carnival in 2015.
PC Janes addressed the
Sub-Committee. He stated that the
Police were objecting to the TEN on the grounds that the Notice
undermined the prevention of crime and disorder licensing
objective. The Police particularly had
concerns regarding alcohol being sold from residential premises
during the Carnival. PC Janes commented
that there had been an increase in crime year on year which was
directly related to the Carnival and the sale of alcohol at this
location would exacerbate the situation. No undertakings had been agreed between the Police
and the Premises User. He did not
understand why the TEN submitted by the Premises User in 2015 had
not come before the Sub-Committee as his records had shown that the
Police had objected. There
was no clear evidence that the licensing objectives had been
undermined as a result of the sale of alcohol at 40 Chepstow Road
in 2015 but then it was not known exactly where the patrons
purchasing alcohol went afterwards. PC
Janes made the point that whilst the Premises User’s amended
hours were now more in keeping with the licensed premises in the
Notting Hill area during the Carnival, they tended to close at
19:00 rather than 20:00.
In response to
questions from the Sub-Committee, the ...
view the full minutes text for item 5.
|
|
6. |
40 Leamington Road Villas, W11 PDF 284 KB
App
No
|
Ward /
Cumulative
Impact Area
|
Site Name and
Address
|
Application
|
Licensing Reference
Number
|
4.
|
Westbourne / not in
cumulative impact area
|
40 Leamington Road
Villas, W11
|
Temporary Event
Notice
|
16/07781/LITENP
|
Additional documents:
Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday
11th August 2016
Membership:
Councillor Angela Harvey (Chairman), Councillor Peter Freeman and
Councillor Shamim Talukder
Legal
Adviser:
Barry Panto
Policy
Adviser:
Chris Wroe
Committee Officer:
Jonathan Deacon
Presenting Officer: Yolanda Wade
Objections:
Metropolitan Police and Environmental Health.
Present: Mrs Mabel Akabah (Premises User) and Ms AngellaAkabah
(Daughter of Mrs Mabel Akabah),
PC Toby Janes
(Metropolitan Police) and Mr Dave Nevitt (Environmental
Health)
40
Leamington Road Villas, W11 – Temporary Event
Notice
16/07781/LITENP
|
Proposed licensable
activities: The sale by retail of alcohol (On & Off
sales)
Times during the
proposed event period when it is proposed to carry on licensable
activities: 12:00 to 19:00 on 28 August 2016 and 12:00 to 19:00 on
29 August 2016
|
|
Decision (including reasons if
different from those set out in report):
|
|
The Sub-Committee
heard from Ms Angella Akabah on behalf of her mother, Mrs Mabel
Akabah, the Premises User and joint
owner of 40 Leamington Road Villas. She
stated that it was the family’s intention to sell beer, soft
drinks and water in a stall located in front of the house at 40
Leamington Road Villas on 28 and 29 August 2016 when the Notting
Hill Carnival takes place. She had
advised in her written submission that the public can ‘only
gain access to the area serving alcohol from the front of the house
as there are walls at either side of the
property’.
AngellaAkabah informed Members
that the family had sold alcohol during the Carnival in
2014. In response to a question from
the Sub-Committee, she explained that as in 2014 a Challenge 25
proof of age scheme would be in place if the Sub-Committee was
minded to permit the Temporary Event Notice
(‘TEN’). She holds a
personal licence to sell alcohol and the family had not sought to
sell alcohol during the Carnival in 2015 as she had not been in the
area at the time. Angella Akabah had set
out in her written submission that ‘beverage stocks will be
kept inside the property and brought out to the table as required
to ensure there are not large amounts of drinks on display outside
the property at any one time. The team
managing the sale of beverages will be in front of and behind the
table. Those at the front will be able to manage an orderly queue
and check the suitability & indeed 'state' of customers wishing
to be served (i.e. age verification & state of
intoxication)’.
The Members
of the Sub-Committee noted that 6 assurances had been offered in an
email from Angella Akabah dated 10 August 2016. Whilst these were not
enforceable and not part of the formal notice they did nevertheless
set out how the event would be run and would therefore be taken
into consideration.
1 - A personal license holder (Angella Akabah) will be
present and on the premises at all times during the hours permitted
to supply alcohol.
2 - A 'Challenge 25' proof of age scheme will
...
view the full minutes text for item 6.
|
|