LICENSING NEWS th 17 January 2014 Your weekly guide to the valid licence applications received, granted and refused in the City of Westminster Standard contents Announcements Contact information Brief and informal summary of Licensing Sub Committee decisions from this week Link to Licensing Sub-Committee agendas and formal decisions Licensing Act applications granted Licensing Act applications refused Licensing Act applications withdrawn Licensing Act applications received and pending within the consultation period Licensing Act Temporary Event Notices received Gambling Act applications granted Gambling Act applications received and pending within the consultation period Other applications granted Sex Establishment applications received and pending within the consultation period Other applications received and pending within the consultation period (totals) Licensing Court Appeals Full hearings list Licensing Sub-Committee Hearings 1 CONTACT INFORMATION Residents/Interested Parties Under the Licensing Act 2003, the City Council will accept representations from interested parties that are sent in by electronic means. PLEASE USE OUR PUBLIC ACCESS WEBPAGE TO SEARCH FOR APPLICATIONS AND SUBMIT ANY REPRESENTATIONS: This page will give details of applications in progress and their status, and you can also look up existing licences http://idoxpa.westminster.gov.uk/online- applications/search.do?action=simple&searchType=LicencingApplication Did you know that if you register with Public Access, you can receive email alerts on properties or streets you are interested in? Follow the above link to see what our on line system can do for you. If you need more info on how to use Public Access, , please email [email protected] However, if you experience difficulties or need to submit attachments, you can also email: [email protected] PLEASE NOTE – the email addresses for the licensing teams are as follows: any correspondence relating to the Licensing Act 2003 (alcohol, regulated entertainment & late night refreshment) : [email protected] any correspondence relating to Gambling & Lotteries: [email protected] any correspondence relating to special treatments, marriage venues, sex establishments, animal licensing, fireworks: [email protected] any correspondence relating to street trading: [email protected] Postal address for applications / representations / enquiries Licensing Applications Westminster City Council 4th Floor South 64 Victoria Street SW1E 6QP (Please include your email address for acknowledgement and speedy updates of developments/amendments to applications) 2 LICENSING SUB-COMMIITTEE – SUMMARY OF DECISIONS Licensing Sub-Committee – Tuesday 14 January 2014 10.00am Trenchard House, 19-25 Broadwick Street, W1 (West End Ward / West End Stress Area) – In granting the application, the Sub-Committee took into account that the application was for a restaurant and that the proposed hours were within the Council’s Core Hours policy. The Sub-Committee was advised that Shaftesbury, the Applicant, held a long lease for Trenchard House which was being developed over the next two years and would grant a lease to an appropriate restaurant operator if the application was granted. The Sub-Committee also considered that the proposed conditions promoted the licensing objectives and that the applicant had agreed to amendments which addressed the key concerns of the Responsible Authorities that had originally objected to the application. The Sub-Committee attached conditions in response to the local resident’s concerns, including that bins and bottle banks would be located internally within the building and patrons permitted to temporaily leave and then re-enter the premises to smoke would not be permitted to smoke in Ingestre Place in order to prevent disturbance to Ingestre Court residents. Burger King, 70-72 Queensway, W2 (Lancaster Gate Ward / Bayswater Stress Area) – Application adjourned to a future meeting. Licensing Sub-Committee – Thursday 16 January 2014 10.00am Isolated Pitch 927, Old Quebec Street, W1 (Bryanston and Dorset Square) – The Sub-Committee heard evidence from Council officers, Great Portland Estates and Portman Estates in support of the proposal to de-designate Pitch 927 and also evidence from a representative of a street trader and the West End Street Traders Branch, National Market Traders Federation as to why the Pitch should not be de- designated. The Sub-Committee in deciding to de-designate the Pitch considered that the City of Westminster Act 1999 permitted the Council from time to time to rescind the designation of a pitch. There had been extensive changes to the area so that a pitch was no longer considered to be suitable at this location. The Council was not against street trading and was encouraging local markets. The designation was not being rescinded to frustrate an individual street trader who wished to trade at the location. Le Vieux Comptoir, 20 Moxon Street, W1 (Marylebone High Street Ward / not in stress area) – Application for private entertainment Monday to Friday 08:00 to 23:30, Saturday 09:00 to 23:30 and Sunday 09:00 to 23:00 and increase the terminal hour for ‘on’ sales to 23:00 Monday to Saturday and 22:30 Sunday and also ‘off’ sales to 23:00 Monday to Saturday. Late night refreshment 23:00 to 23:30 was also applied for as was an increase in the extent of the ‘on’ sales alcohol licence to the ground floor area and an increase in the number of persons permitted in the basement from 50 to 75. The Sub-Committee in refusing the application noted that Members at a previous hearing had been advised that noise could easily be heard within the premises and they had granted specific hours as a balance between the needs of local residents and the business. The current Sub-Committee noted that one local resident in particular was being adversely affected by early morning 3 deliveries which were prior to the hour permitted in the conditions attached to the existing licence. There had been no noise attenuation works at the premises which meant that private entertainment was likely to cause nuisance. Grand Union, Unit 1, West End Quay, South Wharf Road, W2 (Hyde Park Ward / not in stress area) – The Applicant amended the application, seeking an increase in the capacity to 120 people and that alcohol was not served by waiter or waitress in the bar area. The total capacity would be 250. The applicant had agreed the conditions of Environmental Health and Police and addressed their concerns. The Sub-Committee noted residents’ concerns regarding the capacity but considered that the application and conditions promoted the licensing objectives. Members attached a condition in response to residential concerns so that deliveries would not take place between 23:00 and 08:00. Marlborough Head Public House, Ground Floor, 24 North Audley Street, W1 (West End Ward / not in stress area) – Application to amend conditions, extend the commencement hour for licensable activities on a Sunday to 11:00 hours and extend the terminal hour for licensable activities on a Sunday to 23:00 hours. The Sub- Committee granted the earlier commencement hour on Sundays but refused the extension of the terminal hour on Sundays as it would not promote the licensing objectives. The proposed amendments to the conditions were granted except for one which referred to the later terminal hour on Sundays. Jamie’s Italian, 17 Denman Street, W1 (West End Ward / West End Stress Area) – Application to alter the layout of the premises. The Sub-Committee was informed that the applicant had had the opportunity to extend the premises to the second floor and was seeking an increase in capacity there. The Sub-Committee noted that Environmental Health had no concerns about the application. The application was granted. 227-228 Strand, WC2 (St James’s Ward / not in stress area) – The establishment is a convenience store selling groceries and soft drinks. The applicant sought the sale of alcohol for consumption off the premises Sunday to Thursday 10:00 to 22:30 and Friday to Saturday 10:00 to 23:00. The Sub-Committee noted that the Police and the Licensing Service were content with core hours for the licensable activity and had withdrawn their representations on the understanding that this had been agreed with the applicant. The applicant’s brother stated, however, at the hearing that it was intended to operate on New Year’s Eve until the early hours of the morning which the Police and Environmental Health advised Members they objected to. The Sub-Committee granted core hours for ‘off’ sales but refused beyond core hours on New Year’s Eve. AP Food Express, 21-22 Embankment Place, WC2 (St James’s Ward / not in stress area) – Review of the premises licence. The Sub-Committee heard evidence from licensing inspectors at the hearing that there had been numerous breaches including that the premises had sold alcohol twice to underage police cadets carrying out test purchases as part of Police operations and there had been unauthorised sales of alcohol on a number of occasions after the hour permitted on the licence. The Licence Holder’s Representative accepted that there had been repeated breaches on his client’s (the owner and DPS) watch and offered a number of 4 measures in order to comply with conditions on the licence. The licensing inspectors responded that they did not believe that the measures would address the issues. Evidence to support this included that