Agenda and minutes

Licensing Sub-Committee (6) - Thursday 28th February, 2019 10.00 am

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

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email:  kscharlemagne@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

Councillor Tim Mitchell replaced Councillors Louise Hyams and Aziz Toki for the items Regent’s University London, Regent’s College, Inner Circle, Regent’s Park and Pappiland Café, Ground Floor, 12 Norfolk Place, W2.

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.

1.

Brasserie Of Light (First Floor Duke St Entrance), Selfridges, 400 Oxford Street, London, W1A 1AB pdf icon PDF 5 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

Marylebone High Street Ward/ Not in Cumulative Impact Area

Brasserie Of Light (First Floor Duke St Entrance)

Selfridges

400 Oxford Street

London

W1A 1AB

New Premises Licence

18/14882/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.6

Thursday 28 February 2019

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Heather Acton and Councillor Aicha Less

 

Legal Adviser:             Barry Panto

Committee Officer:      Sarah Craddock

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         One resident (objecting) and Selfridges Retail Ltd (in support).

 

Present: Clare Eames (Solicitor - Poppleston Allen representing Selfridges), Adam Laverty (Legal Counsel at Selfridges), Stephen Walsh Q.C. (Counsel, representing the applicant), Bruce Langlands (Applicant – Food and Restaurants Director), Karthek Chandran (General Manager), George Jones (Property Director for Harry’s Bar) and Richard Brown (Citizens Advice Bureau, representing the local resident).

 

Brasserie of Light (First Floor Duke St Entrance), Selfridges, 400 Oxford Street, W1A 1AB (“The Premises”) 18/14882/LIPN

1.

Live Music: Unamplified/amplified music will be via artists singing, DJ, bands and other music of a similar nature. (Indoors)

 

Recorded Music: Amplified music played on a loud speaker system (Indoors)

 

Monday to Sunday: 09:00 to 00:00

 

Seasonal variations/Non-standard timings:  The premises may remain open for the sale of alcohol and the provision of late night refreshment and regulated entertainment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

 

 

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 Harry’s Bar Restaurants Limited (“the Applicant”) for a new Premises licence in respect of Brasserie of Light (First Floor Duke St Entrance), Selfridges, 400 Oxford Street, W1A 1AB.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  He advised that the applicant had requested the same hours currently permitted by virtue of the existing premises licence held by Selfridges Retail Limited.  He further advised that Selfridges Retail Limited was in support of the application and that a local resident had sent in a representation against the application.  He confirmed that the premises was not located in a cumulative impact area. 

 

Mr Walsh (representing the applicant) advised that the Sub-Committee had before it an application for a new premises licence.  He stated that Harry’s Bar Restaurants Limited had requested the same hours currently permitted by the existing licence held by Selfridges Retail Limited for the Ground and First Floor Licensed Premises within the Selfridges Departmental Store.   

 

Mr Walsh outlined that the premises had opened in November 2018 as the Brasserie of Light and had traded since then (pursuant to the existing Selfridges Licence) without causing concern from the Responsible Authorities or residents.  Mr Walsh advised that Harry’s Bar Restaurant had been granted a 15 year’ lease of the premises by Selfridges Retail Ltd and that they considered that it was appropriate to hold the premises licence as they would be the ones managing and operating the restaurant.  Mr Walsh referred to the premises plans and emphasised that there was no change to the licensing activities, the layout of the premises or the entrances and exits to the restaurant.  He also added that the applicant had an Operational Management Plan, which  ...  view the full minutes text for item 1.

2.

10 Berkeley Square, London, W1J 6EF pdf icon PDF 860 KB

           

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward/ Not in Cumulative Impact Area

10 Berkeley Square

London

W1J 6EF

New Premises Licence

18/14709/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No.6

Thursday 28 February 2019

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Heather Acton and Councillor Aicha Less

 

Legal Adviser:             Barry Panto

Committee Officer:      Sarah Craddock

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         One local resident.

 

Present: Mr Alun Thomas (representing the Applicant) and Mr Alexander Forney (Applicant).

 

Amazonico, 10 Berkeley Square, W1J 6EF (“The Premises”) 18/14709/LIPN

1.

Live music, Recorded music (Indoors):

 

Monday to Saturday: 10:00 to 01:00

Sunday: 12:00 to 00:00

 

Seasonal variations/Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays 10:00 to 00:00

 

 

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 Mosela Investments SI (“the Applicant”) for a new licence in respect of a restaurant to be called Amazonico, situated at 10 Berkeley Square, W1J 6EF.

 

The Presenting Officer provided an outline of the application to the Sub-Committee.  He advised that the applicant had applied for live music, recorded music, late night refreshment and the supply of alcohol at the premises. He further advised that a local resident had sent in a representation against the application but was unable to attend the hearing. 

 

Mr Alun Thomas (representing the applicant) advised that the Sub-Committee had before it an application for a new premises licence called Amazonico, which would be part of the Dogus Group, which was responsible for several London restaurants. 

 

The Sub-Committee heard that one Mayfair resident had made a representation against the application because of concern about late night deliveries and servicing of the premises through local residential streets.  The Sub-Committee noted that the resident had requested that a condition be attached to the licence that no collections from the premises or deliveries be made after 8pm.   Mr Thomas advised that the applicant could not agree to this condition as Environmental Health had agreed to the condition of no servicing between 7am and 11pm, which was common with the vast majority of other premises in Westminster.  Mr Thomas further advised that the applicant was happy with the four servicing and delivery model conditions proposed on the premises licence. 

 

Mr Thomas outlined that the applicant had written to the resident regarding her concerns setting out that in accordance with planning permission reference 18/05958/FULL dated 1 November 2018 servicing facilities were on-site in the basement of the premises.  Mr Thomas made the point that the resident lived half a mile/11 minutes’ walk away from the premises and therefore the premises’ activities would not directly affect the resident.  He added that there had been no representations received from residents living in closer proximity to the premises.

 

The Sub-Committee noted the written representation from the resident, which outlined the concerns with deliveries and servicing up to 11pm at night through residential streets.  The resident considered that deliveries and servicing up to 8pm would be preferable.  The Sub-Committee further noted that the premises had its  ...  view the full minutes text for item 2.

3.

Platinum Lace Gentleman's Club, Unit 33, Trocadero, 13 Coventry Street, London, W1D 7AB pdf icon PDF 5 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

St James’s Ward/ St James’s, Core CAZ North

Platinum Lace Gentleman's Club, Unit 33, Trocadero, 13 Coventry Street, London, W1D 7AB

Sex Establishment

Licence

18/10134/LISEVR

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 28 February 2019

 

Membership:              Councillor Melvyn Caplan (Chairman), Councillor Heather Acton and Councillor Aicha Less

 

Legal Adviser:             Barry Panto

Committee Officer:  Sarah Craddock

Presenting Officer:      Kevin Jackaman.  Daisy Gadd in attendance

 

Objections:                                  Objector 1 (wished to remain anonymous) and Licensing Authority.

 

Present: Mr Stuart Jessop (Counsel, representing the anonymous objector), Mr Philip Kolvin QC (Counsel, representing Mr Simon Warr on behalf of Platinum Lace (Management) Ltd), Ms Lana Tricker (Solicitor representing Mr Simon Warr on behalf of Platinum Lace (Management) Ltd), Mr Simon Warr (Platinum Lace (Management) Limited), Mr Steve Rowe (Licensing Authority), Francis Keegan (City Inspector) and John Oddi (City Inspector).

 

Platinum Lace Gentleman’s Club, Unit 33, Trocadero, 13 Coventry Street,

W1D 7AB

18/10134/LISEXR

 

1.

Renewal of a Sexual Entertainment Venue Premises Licence

 

The application was to renew the sexual entertainment venue premises licence made by Platinum Lace (Management) Limited to continue to operate the premises as a sexual entertainment venue between the hours of 15:00 to 06:00 on each of the days Monday to Saturday and 15:00 to 03:00 on Sunday.  The Applicant did not request to change the relevant entertainment or to remove any standard conditions on the licence in the event the application was granted.  Objections to the renewal application had been submitted alleging serious breaches of the conditions on the licence and, in particular, alleged breaches of conditions that prohibit contact between customers and performers.

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

Mr Jackaman, introducing the application and advised that Objector 1 had not waived the right to anonymity.

 

The Sub-Committee decided to hear from the objectors first as that was considered to be the most appropriate way of dealing with an opposed application for renewal under the Sexual Entertainment Venue legislation.

The request for an Adjournment of the Hearing

 

Mr Jessop (Counsel, representing the anonymous objector) referred to the recent application for an adjournment of the hearing due to the investigators and the objector not being available on the scheduled date for the hearing.  He advised that the application had been refused by the Chairman.

 

Mr Jessop then advised he would like to renew the application for an adjournment in the interests of justice and the interest of fairness as the Sub-Committee may wish to hear from the investigators because of the very serious nature of the allegations and give them the opportunity to respond to questions from the Applicant and Sub-Committee.

 

Mr Philip Kolvin (Counsel, representing Mr Simon Warr) advised that the notification of the hearing date had been sent out to all parties two weeks ago and that the applicant’s evidence had been served to the Licensing Authority in the correct timeframe.  He requested that the hearing proceed today.

 

Mr Panto advised that the Sub-Committee would consider the submissions from both parties and if the hearing proceeded it would be conducted under the Local Government (Miscellaneous Provisions) Act 1982. He pointed out that, under that legislation,  ...  view the full minutes text for item 3.