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CITY OF WESTMINSTER

VIEWS: 54 PAGES: 12

									                         CITY OF WESTMINSTER

                  LICENSING SUB-COMMITTEE NO. 4

                             9 DECEMBER 2005

                       MINUTES OF PROCEEDINGS
At a meeting of the Licensing Sub-Committee No. 4 held at 9.30am on Friday 9
December 2005 in the Council Chamber, Council House, Marylebone Road, NW1.

Present:      Councillors : Mark Page (Chairman)
                            Michael Vearncombe
                            Barbara Grahame
Officers Assisting the Panel: Christine Castledine (Legal Advisor)
                              Bill Hodgson (Policy Advisor)
                              Simon Gartshore (Committee Officer)

1.    Membership

1.1   The Director of Legal and Administrative Services reported that there were
      no changes to Membership.


2.    Declarations of Interest

2.1   Councillor Grahame declared a prejudicial interest in application 4.4
      (Foodlink, 71 Abbey Road, NW8) in living near the premises and having
      submitted a representation against the application.


3.    Minutes

3.1   The minutes of the Sub-Committee held on 21 November 2005 were
      approved as a correct record of proceedings.


4.    Licensing Applications

      The Director of Legal and Administrative Services submitted reports in
      relation to the following applications for determination by the Sub-
      Committee, copies of which are included in the register in the custody of the
      Head of Cabinet, Committee and Scrutiny Secretariat.

4.1   Foreign & Commonwealth Offices Nursery, King Charles Street, SW1
Application for a new Premises Licence under the terms of the Licensing Act
2003.

In Attendance
Applicants: Mr Peter Glazebrook (Representative)
Responsible Authorities: Ms Kelly Biberstein

Ms Bina Patel, Senior Licensing Officer, briefly introduced the report.

The Application
Mr Peter Glazebrook, representing the applicant, briefly outlined the
application, noting the premises had previously operated on a canteen
licence granted by a previous Foreign Secretary for the same hours were
being currently sought. Following discussions, Mr Glazebrook agreed the
canteen licence did include a gap for licensable activities between 15:00 and
19:00hours on a Sunday. Mr Glazebrook was not aware of any nuisance
caused by the premises and entrance was largely restricted to Foreign
Office employees and private functions. Finally, Mr Glazebrook queried the
relevance of proposed condition 6 as this may not always be possible for
some functions (for example finger food may be served). It was agreed that
common sense would be employed for such situations.

Responsible Authorites
Ms Kelly Biberstein, representing the Environmental Health Service, outlined
their representations, adding that no reports of nuisance had been received
and that they did not have any objections against the hours being applied
for.
Following a public safety inspection in advance of the provision of music and
dancing, two further conditions regarding and accommodation figure and
limiting events to the 3rd floor only, were proposed on the grounds of public
safety. Mr Glazebrook noted that he had hoped no accommodation limit
would be necessary but was prepared to accept the conditions.

Resolved: That the application for a new Premises licence under the
Licensing Act 2003 be granted to allow for the provision of:

i)     Regulated Entertainment Monday to Sunday from 11:30 to 23:00 in
       the form of:
       a) Live Music
       b) Recorded Music
       c) Provision of Facilities for Making Music
       d) Provision of Facilities for Dancing

ii)    Supply of Alcohol Monday to Sunday 11.30 to 23:00.

The conditions in the report to be added to the Premises Licence with the
following additions:
      1. The number of persons accommodated (excluding staff) in the 3rd floor
         bar / restaurant area shall not exceed 300 persons.
      2. The regulated entertainment requested shall be limited to the 3rd floor bar
         / restaurant area.
      3. (i) Any entertainment, performance, service, or exhibition involving nudity
         or sexual stimulation which would come within the definition of a sex
         encounter establishment in Schedule 3 to the Local Government
         (Miscellaneous Provisions) Act 1982 as amended by the Greater London
         Council (General Powers) Act 1986 (whether or not locally adopted),
         shall not be provided. (ii) This condition does not apply to any
         entertainment which is an integral part of a licensed performance of a
         play.


4.2   Clarendon PH, 52 Cambridge Street, SW1
      Application for a new Premises Licence under the terms of the Licensing Act
      2003.

      In Attendance
      Applicants: Mr Walter (Representative) and Mr Jason Holden (Applicant)
      Responsible Authorities: Ms Kelly Biberstein (Environmental Health Service)
      Interested Parties: Mr and Mrs Lester, Mrs Stehling, Mr and Mrs Taverne
      and Ms Hobson (All local residents)

      Ms Bina Patel, Senior Licensing Officer, briefly introduced the report and
      noted a further representation had been received from Mr and Mrs Robinson
      which had been omitted from the report in error. Ms Patel also noted that
      Appendix C2 and C3 of report should form part of Appendix C1as it outlined
      the previous history of representations.

      The Application
      Mr Walter, representing the applicant, briefly outlined the application and
      history of the application process, emphasising that the applicant had taken
      over the premises in June 2005 although a conversion application had not
      been submitted due to the plans of the premises having not been received at
      the representative’s office due to a postal error.
      Mr Walter accepted that concerns had been received by the applicant since
      he took over the management of the premises, especially concerning the
      operation of the outside area of the premises. Mr Walter submitted that the
      conditions proposed by the Environmental Health Service would alleviate
      these concerns and were accepted the applicant. In response to questions,
      Mr Walter submitted that the new company had found it challenging to settle
      into the premises, and the applicant had not been aware of the issues with
      the local residents at that time, although a number of improvements had
      been made to ensure it was a public house for the neighbourhood. Mr
      Walter suggested that a number of issues had been addressed in the
summer in a meeting between the applicant and the residents although
there was a lack of trust on all sides.
Further to submissions by the applicant, the legal advisor, Mrs Christine
Castledine advised the Sub-Committee that if the Premises Licence was
granted for the sale of alcohol then, under Schedule 8 Paragraph 11 of the
Licensing Act 2003, it was not able to reduce the hours sought but the
application could be refused.

Interested Parties
Mr Taverne, a local resident, queried Appendix D of the report concerning
how residential the surrounding area was and submitted it was greater than
66%. Mr Taverne outlined the premises was originally a local pub but
problems had persisted since summer 2005. It was added that conditions
had been agreed before, as outlined in page 31 of the report (although these
had not been attached to the Justice’s Licence), but these had not been kept
and noise in fact gets worse as the evenings wears on, continuing until
midnight. Finally, Mr Taverne noted that there was persistent drinking on the
pavement outside the premises and that patrons had at times taken their bar
stools into the forecourt in addition to the provided tables.

Mr Lester, a local resident emphasised that the main problem was noise
outside the premises in the summer months, although there continued to be
noise in winter around closing time and from people using mobile phones
outside. Mr Lester noted the premises claimed to be increasingly food-led
but had recently installed a plasma screen television and applied to install a
function room which he submitted was inconsistent with the conduct of a
local pub.

Mrs Stehling, a local resident outlined her concerns having lived by the
premises for 4 years. Specifically Mrs Stehling requested the removal of the
outside benches, the doors to be closed as proposed in the conditions, and
the windows to be kept closed at all times. Mrs Stehling emphasised she
was especially disturbed when football was being shown on the television
which she submitted had increased the noise nuisance.

In response to the representations, Mr Walter submitted that bar stools were
no longer allowed outside since the meeting between the applicant and the
residents. Mr Walter did not wish for any additional conditions as he
submitted that the conditions proposed by the Environmental Health Service
were comprehensive as the television noise would also be routed through
the noise limiter. Mr Walter finally noted that about 35% of the turnover of
the premises was from food sales which was a substantial increase since
June.
Responsible Authorities
Ms Kelly Biberstein representing the Environmental Health Service outlined
their representations and specified that 8 complaints of noise nuisance had
been received over the past two years, the last such complaint was made in
October 2005 although no statutory noise nuisance had been witnessed.

Ms Biberstein requested clarification and was informed by the applicant that
the application was only for the Ground Floor as the first floor had not been
re-licensed in June 2005.
Ms Biberstein emphasised that the Environmental Health Service had
proposed a number of conditions which had been accepted. When
discussing the terms of regulated entertainment, Mrs Christine Castledine,
the legal advisor, noted that showing live television programmes did not
come under the terms of regulated entertainment.

Resolved: That the application for a new Premises licence under the
Licensing Act 2003 be granted to allow for the provision of:

i)     Sale by Retail of Alcohol Monday to Saturday from 10:00 to 23:00
       and on Sunday from 12:00 to 22:30.

The conditions at Appendix C of the report to be attached to the Premises
Licence with the following additions / amendments / removals

Additional Condition
1. All windows to the premises are to be closed after 21:00 hours
2. (i) Any entertainment, performance, service, or exhibition involving nudity
   or sexual stimulation which would come within the definition of a sex
   encounter establishment in Schedule 3 to the Local Government
   (Miscellaneous Provisions) Act 1982 as amended by the Greater London
   Council (General Powers) Act 1986 (whether or not locally adopted),
   shall not be provided. (ii) This condition does not apply to any
   entertainment which is an integral part of a licensed performance of a
   play.

Amended Conditions
Proposed condition 14 at Appendix C of the report be amended to read:
“All outdoor furniture is to be removed from the Forecourt area no later than
21:00 daily.”

Proposed condition 15 at Appendix C of the report be amended to read:
“The consumption of alcohol in the Forecourt area is not permitted after
21:00

Removed Conditions
Proposed conditions 4, 6, 7, 8 and 9 at Appendix C of the report to not be
attached to the Premises Licence.
4.3   KS Newsagents, 11 Kilburn High Road, NW6
      Application for a new Premises Licence under the terms of the Licensing
      Act 2003.

      In Attendance
      Applicants: Mr Alan Aylott (Representative) and Mr Kabilan (Applicant)
      Responsible Authorities: Mr Shane Carr (Environmental Health Service)
                               Mr Dennis Tibbals (Metropolitan Police Service)

      Ms Susan Patterson, Senior Licensing Officer, briefly introduced the
      report, noting conditions had been agreed between the Metropolitan
      Police Service and the applicant which were provided to the Sub-
      Committee.

      The Application
      Mr Alan Aylott, representing the applicant, briefly introduced the
      application, noting the premises had ceased the sale of alcohol since the
      Second Appointed Day. Previously the premises had sold alcohol between
      the hours of 08:00 and 23:00 Monday to Saturday and 10:00 to 22:30 on
      Sunday. Mr Aylott noted the premises were well-run and wished to open
      for alcohol sales from 07:00 to coincide with the hours of opening of the
      premises.
      In response to a question, Mr Aylott provided the Sub-Committee with a
      form for staff to sign both logging requests and preventing sales of alcohol
      to under 18s.

      Responsible Authorities
      Mr Shane Carr, representing the Environmental Health Service did not
      have any representations to make should the proposed conditions be
      attached to the Premises Licence.

      Mr Dennis Tibbals, representing the Metropolitan Police Service did not
      have any representations to make should the proposed conditions and
      their additional conditions be attached to the Premises Licence

      Resolved: That the application for a new Premises licence under the
      Licensing Act 2003 be granted to allow for the provision of:

      i)    Sale by Retail of Alcohol (Off) Monday to Saturday from 08:00 to
            23:00 and on Sunday from 10:00 to 22:30.

      The conditions at Appendix C of the report to be attached to the Premises
      Licence with the following additions / removals

      Additional Conditions:
      1. No Beer or Cider to be sold above 5.5% Alcohol by Volume
      2. No self service of spirits
      3. In the judgement of the Designated Premises Supervisor, to maintain
         at all times levels of staff, so as not to undermine the Crime and
         Disorder objectives, to be disclosed on request to the Licensing
         Authority and the Police.

      Removed Condition
      Proposed condition 4 at Appendix C of the report to not be attached to the
      Premises Licence.

      Cllr Grahame withdrew for the duration of the following item.

4.4   Foodlink, 71 Abbey Road, NW8
      Application for a new Premises Licence under the terms of the Licensing
      Act 2003.

      In Attendance
      Applicants: Mr Watson (Representative) and Mr Farooq (Applicant)
      Responsible Authorities: Mr Shane Carr (Environmental Health Service)

      Ms Bina Patel, Senior Licensing Officer, briefly introduced the report,
      noting additional conditions had been agreed between the Environmental
      Health Service, Metropolitan Police Service and applicant. The additional
      conditions were provided to the Sub-Committee.

      The Application
      Mr Watson, representing the applicant, outlined the application, noting the
      premises were currently not serving alcohol and were a totally new
      application. Mr Watson added the premises were looking to open from
      8am and wished to serve alcohol from that time.

      Responsible Authorities
      Mr Shane Carr, representing the Environmental Health Service,
      maintained their representations as the application was contrary to policy
      although he was not aware of any street drinking problems in the area. Mr
      Bill Hodgson, policy advisor, clarified that the policy was against new
      premises in Stress Areas.

      Mr Dennis Tibbals, representing the Metropolitan Police Service withdrew
      their representations if four additional conditions were added to the
      Premises Licence. These were agreed by the applicant.

      Resolved: That the application for a new Premises licence under the
      Licensing Act 2003 be granted to allow for the provision of:

      i)    Sale by Retail of Alcohol Monday to Saturday from 08:00 to 23:00
            and on Sunday from 10:00 to 22:30.
      The conditions at Appendix C of the report to be attached to the Premises
      Licence with the following additions:

      1. No Beer or Cider to be sold above 5.5% Alcohol by Volume
      2. No self service of spirits
      3. In the judgement of the Designated Premises Supervisor, to maintain
         at all times levels of staff, so as not to undermine the Crime and
         Disorder objectives, to be disclosed on request to the Licensing
         Authority and the Police.
      4. (i) Any entertainment, performance, service, or exhibition involving
         nudity or sexual stimulation which would come within the definition of a
         sex encounter establishment in Schedule 3 to the Local Government
         (Miscellaneous Provisions) Act 1982 as amended by the Greater
         London Council (General Powers) Act 1986 (whether or not locally
         adopted), shall not be provided. (ii) This condition does not apply to
         any entertainment which is an integral part of a licensed performance
         of a play.

THE FOLLOWING APPLICATION WAS FOR CONSIDERATION WITHOUT A
FORMAL HEARING:

4.5   HM Treasury, 1 Horseguards Road, SW1
      Application for a new Premises Licence under the terms of the Premises
      Licence 2003.

      Ms Sue Patterson, Senior Licensing Officer, briefly introduced the report.
      Further to a question, it was noted the start time for the sale of alcohol
      should in fact be 11:00 hours as agreed on page 13 of the report.

      Resolved: That the application for a new Premises licence under the
      Licensing Act 2003 be granted to allow for the provision of:

      i)     Sale by Retail of Alcohol Monday to Sunday from 11:00 to 23:00.
      ii)    Late Night Refreshment Monday to Sunday from 23:00 to 06:00.

      The conditions at Appendix A of the report to be attached to the Premises
      Licence with the following additions / amendments:

      Additional Condition:
      1. (i) Any entertainment, performance, service, or exhibition involving nudity
         or sexual stimulation which would come within the definition of a sex
         encounter establishment in Schedule 3 to the Local Government
         (Miscellaneous Provisions) Act 1982 as amended by the Greater London
         Council (General Powers) Act 1986 (whether or not locally adopted),
         shall not be provided. (ii) This condition does not apply to any
         entertainment which is an integral part of a licensed performance of a
         play.

      Amended Conditions:
      Conditions 5a and 5b at Appendix A of the report be amended to read:
      “Alcohol shall only be sold and supplied to:
      a) Directors and staff of the HM Treasury and their guests together with
          such persons as may be from time to time employed at the premises.
      b) Persons visiting HM Treasury in the course of their official duties or
          seminars, conferences, lectures and meetings or social events held at
          the premises.”


4.6   Free Willy, 62 Frith Street, W1
      Application for a new Premises Licence under the terms of the Licensing
      Act 2003

      In Attendance
      Applicants: Mr Peterson (Representative) and Mr Malagiaski (Applicant)
      Responsible Authorities: Mr Shane Carr (Environmental Health Service)
                               Mr Dennis Tibbals (Metropolitan Police Service)

      Ms Sue Patterson, Senior Licensing Officer, briefly introduced the report,
      noting an amendment to the recommendation for the Sale by Retail of
      Alcohol.

      The Application
      Mr Peterson, representing the applicant, briefly outlined the application.
      Mr Peterson challenged the inclusion of the Soho Society’s further
      information at page 39 of the report. Ms Patterson noted that these were
      follow up details to a representation received on 13 October 2005.
      Mr Peterson clarified the history of the premises, noting the applicant was
      in fact the owner of the premises and in fact there had been no problems
      when he had previously operated the premises as Cream. In addition the
      premises had recently been completely refurbished and until the Second
      Appointed Day had benefited from a restaurant certificate and extended
      hours order. Mr Peterson added that although the premises were applying
      for regulated entertainment to commence at 09:00, a start time of 10:00
      would be acceptable.

      Responsible Authorities
      Mr Shane Carr, representing the Environmental Health Service, circulated
      an amended Appendix C which addressed their representations should
      the terminal hour for licensable activities also be set at 01:00. Mr Carr
      added that 3 inspections had taken place at the premises, with one
      concern on 4 November about the kitchen closing at 23:50.
      Mr Dennis Tibbals, representing the Metropolitan Police Service,
      submitted they would be content if the proposed conditions were imposed
      with amended admission fees which he believed necessary to preserve
      the Licensing Objectives. Specifically Mr Tibbals outlined that a higher
      entrance fee would encourage better behaviour from patrons. Finally, Mr
      Tibbals clarified that he was unaware of any problems since the premises
      had re-opened 2 months ago.
      Mr Peterson, representing the applicant, argued that the increased fees
      were excessive and would reduce custom. Mr Peterson also provided the
      Sub-Committee with plans of the premises and emphasised that since it
      had re-opened 50% to 60% of turnover was generated from food sales
      and around 20 meals per night were served after midnight.

      Resolved: That the application for a new Premises licence under the
      Licensing Act 2003 be granted to allow for the provision of:

      i)     Regulated Entertainment (Live Music, Recorded Music and
             Provision of Facilities for Dancing), Monday to Sunday 10:00 to
             01:00.
      ii)    Late Night Refreshment Monday to Saturday 23:00 to 01:30 and on
             Sunday 23:00 to 01:00
      iii)   Sale by Retail of Alcohol Monday to Saturday 10:00 to 01:00 and
             on Sunday 12:00 to 00:30.

      The conditions at (re-circulated) Appendix C of the report to be attached to
      the Premises Licence with the following addition / amendments / removal:

      Additional Condition:
      1. Noise and vibration will not be allowed to emanate from the premises
         so as to cause a nuisance to nearby properties.

      Amended Conditions:
      Condition 38 at (re-circulated) Appendix C of the report to be amended to
      read:
      “The external door or internal lobby door, is to be kept closed after 23:00
      except for the immediate access and egress of persons.”

      Removed Conditions:
      Conditions 7 and 45 at (re-circulated) Appendix C of the report to not be
      attached to the Premises Licence.


4.7   Hurlingham, Westminster Pier, Victoria Embankment, SW1
      Application for a new Premises Licence under the terms of the Licensing
      Act 2003.
Ms Sue Patterson, Senior Licensing Officer, briefly introduced the report,
noting an amendment whereby paragraph 1B at page 2 of the report
should not refer to a Stress Area. Ms Patterson added that the
Metropolitan Police had not made representations although they claimed
they had not been served notice of the application. The applicant had
subsequently provided a certificate of posting as evidence.


In Attendance
Applicants: Mr William Ludgrove (Applicant)
Responsible Authorities: Ms Miriam Flynn (Environmental Health Service)

The Application
Mr Ludgrove, the applicant, confirmed that prior to the Licensing Act 2003,
boats which were not fixed to the embankment were permitted to sell
alcohol 24 hours a day, 7 days a week due to their status as a “sea-going
vessel” whereas the licence now depended upon where the mooring was.
Mr Ludgrove noted that Hurlingham was available for charter at any time
until a terminal hour of 03:00 and that most Charters tended to be 4 or 5
hours long (usually finishing by 01:00) and as a result, the hours for sale
of alcohol depended on the charter. The activities conducted on the boat
had been the same for 35 years and the sale of alcohol did not tend to be
wholly dependent on food as some charters were before or after patrons
wished to take a dinner. Food was however offered at the point when any
bookings were made and there had been no significant problems with
drunk people on the boat. There were concerns about proposed
condition 18 asking for substantial food being made available for any
single journey over four hours so this was amended.

Responsible Authorities
Ms Miriam Flynn, representing the Environmental Health Service, outlined
their representations and requested proposed conditions 1 and 6 to not be
attached to the Premises Licence.

Mr Dennis Tibbals, representing the Metropolitan Police noted they would
not have made representations subject to the proposed conditions
although would request an additional condition concerning silence notices.
This was agreed by the applicant.

Resolved: That the application for a new Premises licence under the
Licensing Act 2003 be granted to allow for the provision of:

i)    Regulated Entertainment (Live Music, Recorded Music,
      Performance of Dance, Anything of a Similar Description to Above,
      Provision of Facilities for Making Music, Provision of Facilities for
      Dancing and Provision of Facilities for Entertainment of a Similar
      Description), Monday to Sunday 07:00 to 01:00.
      ii)    Late Night Refreshment Monday to Sunday 23:00 to 01:00
      iii)   Sale by Retail of Alcohol Monday to Sunday 07:00 to 01:00
      iv)    Seasonal Variations and / or Non-Standard Timings (Regulated
             Entertainment, Late Night Refreshment and Sale of Alcohol) be
             permitted for occasional charter (12 per year) to finish at 02:00 to
             03:00.

      The conditions at Appendix C of the report to be attached to the Premises
      Licence with the following addition / amendments / removals:

      Additional Condition:
      1. “Notices to be placed by the exits asking patrons to leave the premises
         quietly and in an orderly manner.”

      Amended Conditions:
      Condition 5 at Appendix C of the report be amended to read:
      “Any passenger under the influence of alcohol who becomes abusive to
      the crew or other passenger shall be asked to leave the vessel at the
      nearest pier.”

      Condition 18 at Appendix C of the report be amended to read:
      “On any single journey over 4 hours in duration substantial refreshment
      will be available.”

      Removed Conditions:
      Conditions 1 and 6 at Appendix C of the report to not be attached to the
      Premises Licence.


5.    Close of Meeting

5.1   The meeting closed at 12noon


Chairman:                                     . Date:                          .

								
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