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Agenda and draft minutes

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: 07817054613

Items
No. Item

1.

Election of Chairman/Membership

To elect a Chairman for the meeting and 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 the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

1.

Sunset Strip, Basement, 30 Dean Street, London, W1D 3SA pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

West End Ward /

Core Central Activities Zone North

Sunset Strip, Basement, 30 Dean Street, London, W1D 3SA

Renewal of Sexual Entertainment Venue Premises Licence

19/12460/LISEVR

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th February 2020

 

Membership:              Councillor Tim Mitchell (Chairman),

                                    Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:                   Barry Panto

Committee Officer:            Kisi Smith-Charlemagne

Policy Officer:                    Kerry Simpkin

Presenting Officer:            Michelle Steward      

 

Objections:                        The Licensing Authority, 2 anonymous objections

                                          

Present: Ms Sarah Le Fevre (Leading Counsel, representing the Applicant),Ms Lana Tricker, LT Law (Solicitors, representing the Applicant),Mr Declan Forde (on behalf of the Applicant company), Ms Wells (Dancer at Applicant Company), Ms Angela Seaward (Licensing Authority), Mr Leroy Adedeji and Mr Martin Ratley (WCC City Inspectors).

 

Sunset Strip, Basement 30 Dean Street, London, W1D 3SA (“The Premises”)

19/12460/LISEVR

 

1.

Renewal of a Sexual Entertainment Venue (SEV) Premises Licence

 

The application was to renew the Sexual Entertainment Venue (SEV) premises licence made by Anthony Curran and Declan Forde for Sunset Strip, Basement, 30 Dean Street, W1D 3SA. It was noted that Sunset Strip had operated as a sex establishment since 2012. 

 

2.

Amendments to application advised at hearing:

 

Late submissions were received from the applicant’s solicitors on 10th February in the form of a supporting letter, a response from the United Voices of the World (a trade union representing the interests of the female performers) and  supporting statements from four of the performers.

 

Late submissions were also received from the Licensing Authority on 12th February in the form of witness statements from two City Inspectors.

 

 

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

 

The Sub-Committee heard from the Licensing Authority and City Inspectors

 

Ms Seaward addressed the Sub-Committee and confirmed that the Licensing Authority had maintained their objections on the grounds that alleged breaches of the licence, witnessed by the City Inspectors, had taken place. She advised that the City Inspectors accounts of their investigations and statements had been circulated to all parties. Ms Seaward advised the Sub-Committee that the Licensing Authority also maintained their objections to support the Sub-Committee with any question and allow the opportunity for the City Inspectors to answer any questions.

 

The members noted the evidence contained in the report relating to the CCTV recordings of private dances that took place on 7th and 8th August 2019. The details are set out in pages 25 to 27 of the report. There was clear evidence of physical contact between the performers and the customers. Some of the touching appeared to be of a sexual nature, including a performer sitting on a customer’s lap, the touching of thighs, and the rubbing of breasts and buttocks against the customer’s groin and abdomen.   

 

A remedial letter was sent to Mr Forde and Mr Curran on 14th August 2019 (page 21 of the report) and a follow up visit of the licensed premises took place on 30th August. On this occasion it was noted that there had been an improvement in the conduct of the performers. However, following the receipt of two anonymous emails on 14th October 2019, a further visit to the premises took place  ...  view the full minutes text for item 1.

2.

Vanity Bar and Night Club, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ pdf icon PDF 3 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward /

Not in a core central activities zone

Vanity Bar and Night Club, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ

Renewal of Sex Establishment Licence

19/16592/LISEVR

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th February 2020

 

Membership:              Councillor Tim Mitchell (Chairman),

                                    Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:                   Barry Panto

Committee Officer:            Kisi Smith-Charlemagne

Policy Officer:                    Kerry Simpkin

Presenting Officers:          Michelle Steward

                                         

 

Objections:                        2 anonymous objections

                                          

Present: Luke Elford- Woods Whur (Solicitors, representing the Applicant),Mr Guy Ivesha (on behalf of the Applicant company), Mr Richard Brown (CAB Project Officer, representing Anonymous Objectors), and Anonymous Objector 2

 

Vanity Bar and Night Club, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ (“The Premises”) 19/16592/LISEVR

 

1.

Renewal of a Sexual Entertainment Venue (SEV) Premises Licence

 

The application was to renew the Sexual Entertainment Venue (SEV) premises licence made by Nags Heads Limited in respect of the Vanity Bar and Night Club, Basement to First Floor, 4 Carlisle Street, London, W1D 3BJ.  It was noted that The Basement to First Floor at 4 Carlisle Street has operated as a sex establishment (Sexual Entertainment Venue) since 2012. In 2014, the licence was transferred to the current Premises Licence Holder. 

 

2.

Amendments to application advised at hearing:

 

Late submissions were received from Mr Elford, the applicant’s solicitor, on 6th February in the form of a statement and statement matrix from Andrew Bamber (a licensing consultant and former Borough Commander with the Metropolitan Police), a letter from Mr Elford responding to the two anonymous objections, a map detailing the route of the pedicabs and Vanity Clubs Street Management policy and Touting and Pedicab policy.  Also sent on the 6th of February by the applicant’s solicitor were four TEN’s relating to November and December 2019, a witness statement of Manpal Singh Clair (a Director of Nag’s Head Ltd) and a witness statement of Steve Russell (the designated member of staff with responsibility for dealing with the pedicabs outside the venue).

 

It was noted that all late submissions were circulated to all parties.

 

 

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

 

 

The Sub-Committee heard the Objectors

 

Mr Richard Brown addressed the Sub-Committee on behalf of the two anonymous objectors. He advised that the club was located in the basement, ground and first floor mezzanine of 4 Carlisle Street, beneath three occupied flats, with residential properties at no 5 next door.  Mr Brown explained that there was a history of complaints and objections regarding the premises and referred to the previous renewal application that had been determined in 2019.He noted that the noise issues relating to the premises had been resolved, but explained that the use of the pedicabs outside the premises was still a problem, though he also acknowledged that the issues relating to the pedicabs were difficult to manage from the point of view of the licensee. 

 

Mr Brown advised the Sub-Committee that the principal objection to the renewal of the club’s licence is the noise in the street.  He stated that the club attracts pedicabs which hang around outside the club particularly near closing time (3am), but the pedicab noise invariably starts earlier as  ...  view the full minutes text for item 2.

3.

Wagamama, Ground Floor Part, 3 Sheldon Square, London, W2 6PS pdf icon PDF 2 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

3.

Hyde Park  Ward /

not in a cumulative impact area

Wagamama, Ground Floor Part, 3 Sheldon Square, London, W2 6PS

New Premises Licence

19/16536/LIPN

 

Additional documents:

4.

Lime Tree Hotel, 135 - 137 Ebury Street, London, SW1W 9QU pdf icon PDF 823 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

 Warwick Ward /

not in a cumulative impact area

Lime Tree Hotel, 135 - 137 Ebury Street, London, SW1W 9QU

New Premises Licence

19/16744/LIPN

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th February 2020

 

Membership:              Councillor Tim Mitchell (Chairman),

                                    Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:                   Barry Panto

Committee Officer:            Kisi Smith-Charlemagne

Policy Officer:                    Kerry Simpkin

Presenting Officers:          Michelle Steward      

 

Objections:                        Environmental Health Services and 3 Local residents 

                                          

Present: Mr Adam Rowledge (Consultant, representing the Applicant),Mr Anil Drayan (Environmental Health Officer), Mr Richard Brown (CAB Project officer, representing local objectors).

 

Lime Tree Hotel, 135 - 137 Ebury Street, London, SW1W 9QU (“The Premises”)

19/16744/LIPN

 

1.

New Premises Licence

 

Sale by retail of alcohol On or off sales or both: On

 

Monday to Sunday 00:00 to 23:59

 

Seasonal variations/ Non-standard timings: None

 

 

Amendments to application advised at hearing:

 

 

2.

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

 

Ms Steward introduced the item advising Mr Adam Rutledge was representing the Applicant who was not in attendance.  She also advised that the police representation had been withdrawn on 17 January 2020 after the agreement to additional conditions.  Ms Steward informed the Sub-Committee that Mr Richard Brown would be representing three local residents. It was also noted that additional submissions were made by Richard Brown on 10 February 2020, copies of which had been circulated to all relevant parties.

 

The Sub-Committee heard the Applicant’s Case

 

Mr Adam Rowledge addressed the Sub-Committee on behalf of the Applicant who was not in attendance.  Mr Rowledge advised the Sub-Committee that this was an application for a new premises licence which intended to operate as a 25 Bedroom Bed and Breakfast hotel.  Mr Rowledge informed the Sub-Committee that his client had agreed to the conditions proposed by the Police and as such the Police have subsequently withdrawn their objections.  Mr Rowledge advised that two other objectors withdrew their objections after agreeing conditions.

 

Mr Rowledge advised that his client was open to agreeing appropriate conditions as he wants to have a good relationship with his neighbours and maintain a high quality establishment. He advised that his client wanted to serve alcohol in the internal café and also in the garden area and the terrace, and that consumption was only by residents and their bona fide guests or by those persons attending pre-booked private events. 

 

Mr Rowledge stated that alcohol would be sold in the café bar to residents and guests at any time. He advised that the Hotel wished to operate a bar in the café area and that his client wanted to also provide bedroom service to residentsof the hotel as well as a service to outside guests e.g. for birthdays and anniversaries etc.

 

Mr Rowledge advised that ensuring his client maintained their relationship with neighbouring residents was in the interests of the hotel.

 Mr Rowledge advised that the serving of alcohol would take place on the bar/café area.  He added that table service will be available and provided by a member of staff. It was proposed that residents and non-residents would be able to be served in the garden during functions etc. (by tray service). The  ...  view the full minutes text for item 4.

5.

Tortilla, Basement and Ground Floor, 6 Market Place, London, W1W 8AE pdf icon PDF 728 KB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

5.

 West End Ward /

not in a cumulative impact area

Tortilla, Basement and Ground Floor, 6 Market Place, London, W1W 8AE

Variation of Premises Licence

19/16700/LIPV

 

Additional documents:

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th February 2020

 

Membership:              Councillor Tim Mitchell (Chairman),

                                    Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:                   Barry Panto

Committee Officer:            Kisi Smith-Charlemagne

Policy Officer:                    Kerry Simpkin

Presenting Officers:          Michelle Steward      

 

Objections:                        Environmental Health Services and 1 Neighbourhood Association 

                                          

Present: Mr Jack Spiegler (Solicitor, representing the Applicant), Rob Lucy (Applicant Company),Mr Maxwell Koduah (Environmental Health Officer) and Richard Brown (CAB Project Officer on behalf of the Fitzrovia Neighbourhood Association).

 

Tortilla, Basement and Ground Floor, 6 Market Place, London, W1W 8AE (“The Premises”) 19/16700/LIPV

 

1.

Premises Licence Variation 

 

The changes sought by way of this application are as follows:

 

           To replace existing condition 9 (which states that the sale of alcohol “on” the premises shall only be to persons taking a table meal there and for consumption by such a person as ancillary to their meal) with the following new condition:

 

“The consumption of alcohol on the premises shall be by seated persons only.”

 

           Add provision for the sale of alcohol for consumption off the premises (Off sales), subject to the following new conditions:

 

“All sales of alcohol for consumption off the premises shall be in sealed containers and ancillary to a takeaway meal.”

 

“There shall be no sales of alcohol for consumption off the premises after 23:00 Monday to Saturday and 22:30 Sunday.”

 

 

Amendments to application advised at hearing:

 

None

 

2.

Decision:

 

 

 

Ms Steward summarised the application advising the Sub-Committee that they had before them a premises Licence variation application for Tortilla located at Ground Floor, 6 Market Place, in the West End ward.  She added that the application is to add off sales and to vary an existing condition relating to off-sales.  She informed the Sub- Committee that representations had been received from the Environmental Health Service and the Fitzrovia Neighbourhood Association. it was noted that the Police had originally submitted a representation. However, following the agreement of additional conditions, the Police representation was withdrawn on 28 January 2020.  Ms Steward informed the Sub-Committee that a late submission had been received from the Applicant and the Environmental Health service setting out four conditions that had been agreed between them. There was also a late submission from Linus Rees, a Director and Trustee of the Fitzrovia Neighbourhood Association, who was unable to attend the hearing. He had indicated that Richard Brown would be speaking on his behalf.  She added that the premises did not fall within any of the Council’s Cumulative Impact Areas (CIA).

 

The Sub-Committee heard the Applicant’s Case

 

Mr Jack Spiegler addressed the Sub-Committee advising that this was a Husband and Wife team and Tortilla operated 40 restaurants in the UK and 25 in London.  He advised that all restaurants operate without any complaints down to the applicant's managerial skills.  He advised the Sub-Committee that the application could be split in two sections. The firs was to replace condition 9 with a condition that allows the sale of alcohol to customers on the premises without the need for  ...  view the full minutes text for item 5.

6.

Cuckoo Club, Basement and Ground Floor, Victory House, 99 - 101 Regent Street, London, W1B 4EZ pdf icon PDF 1 MB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

 West End Ward /

West End Cumulative Impact Area

Cuckoo Club, Basement and Ground Floor, Victory House, 99 - 101 Regent Street, London, W1B 4EZ

Variation of Premises Licence

19/15018/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th February 2020

 

Membership:              Councillor Tim Mitchell (Chairman),

                                    Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:                   Barry Panto

Committee Officer:            Kisi Smith-Charlemagne

Policy Officer:                    Kerry Simpkin

Presenting Officers:          Michelle Steward      

 

Representations:               Environmental Health Services and 2 Local residents 

                                          

Present: Ms Sarah Le Fevre (Counsel on behalf of Unicorn Capital Limited), Lana Tricker (Solicitor on behalf of Unicorn Capital Limited), Christopher Tavoularis (DPS for the Applicant Company), andMs Karyn Abbott (Licensing Authority Officer).

 

Cuckoo Club, Basement and Ground Floor Victory House, 99-101 Regent Street, London, W1B 4EZ (“The Premises”) 19/15018/LIPV

 

1.

Premises Licence Variation 

 

The changes sought by way of this application are as follows:

 

a) reduce the terminal hour for all activities, except the sale of alcohol, on Mondays from 03:15 to 23:30 (excluding the playing of recorded music which has always been permitted until 03:15 Mon)

b) reduce the terminal hour for the sale of alcohol on Mondays from 03:00 to 23:30

c) to include the following activities and bring the licence back in line with what was previously permitted:

 

Tuesdays:

Regulated Entertainment: 09:00 to 23:30 (except recorded music which was permitted until 03:15)

Late Night Refreshment: 23:00 to 23:30

Sale of Alcohol: 10:00 to 03:15

 

Sundays:

Regulated Entertainment: 09:00 to 22:30

Sale of Alcohol: 12:00 to 22:30

 

d) to delete the condition in relation to the use of the premises on Thursdays and off sales:

  • From 8pm, licensable activities on a Thursday are only to be provided for private pre booked corporate events, where a guest list will be held for the night and for 31 days after the event. The guest list must be made available on request to the Police or authorised officer of the City Council.

 

  • There shall be no sales of alcohol for consumption off the premises at any time

 

e) the updated model conditions granted on the 19/08094/LIPV will remain in place.

 

Summary of the Hours now sought by this application:

 

Sale of Alcohol (including off-sales)

 

Monday to Tuesday – 10.00 to 23.30

Wednesday to Saturday – 10.00 to 03,00 on the following day

Sunday – 12.00 to 22.30

 

 

Late Night Refreshment

 

Monday to Tuesday – 23.00 to 23.30

Wednesday to Saturday – 23.00 to 03,30 on the following day

 

 

Exhibition of Films, Performance of Dance, Performance of Live Music and anything similar

 

Monday to Tuesday – 09.00 to 23.30

Wednesday – 09.00 to 03.15 on the following day

Thursday to Saturday – 09.00 to 03,30 on the following day

Sunday – 09.00 to 22.30

 

 

Recorded Music

 

Monday to Wednesday – 09.00 to 03.15 on the following day

Thursday to Saturday – 09.00 to 03,00 on the following day

Sunday – 09.00 to 22.30

 

 

Non-standard Timings for all activities

 

From the end of the permitted hours on New Year's Eve to the start of the permitted hours on New Year's Day.

 

On commencement of British Summer Time one hour should be added to the finish time on the left.

 

 

 

 

Amendments to application advised at hearing:  ...  view the full minutes text for item 6.