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CITY OF WESTMINSTER CITY OF WESTMINSTER LICENSING

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					                                CITY OF WESTMINSTER

                       LICENSING SUB-COMMITTEE NO. 5

                                   23 FEBRUARY 2006

                             MINUTES OF PROCEEDINGS

At a meeting of the Licensing Sub-Committee No. 5 held at 6pm on Thursday 23 February
2006 in the Council Chamber, Council House, Marylebone Road, NW1.

Present:      Councillors:      Frixos Tombolis (Chairman)
                                Nicholas Evans

Officers Assisting the Panel:      Joanne Murphy (Legal Advisor)
                                   Pam Hemple (Policy Advisor)
                                   Simon Gartshore (Committee Officer)

1.     Membership

1.1    The Director of Legal and Administrative Services representative reported that
       apologies had been received from Councillor Mushtaq Qureshi.


2.     Declarations of Interest

2.1    Councillor Tombolis declared a non-prejudicial interest in living near the Taza
       Takeaway, 35a Queensway, W2, and having occasionally purchased their produce.


3.     Minutes

3.1    Resolved: The minutes of the Sub-Committee held on 26 January 2006 were
       approved as a correct record of the 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    Taza Takeaway, 35a Queensway, W2
       Application for a new Premises Licence under the terms of the Licensing Act 2003.


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In Attendance
Applicants: Mr Shahrtash (Applicant)
Responsible Authorities: Ms Vanessa Thwaites (Environmental Health
                          Service)
Interested Parties: Mr John Zamit (SEBRA)

Mr Kerry Simpkin, Licensing Manager, briefly introduced the report.

Applicants
Mr Shahrtash outlined his application, noting that the premises had been trading
until 12 midnight for the last 20 years but had not been able to convert this right
under the terms of the Licensing Act 2003. Mr Shahrtash submitted that they were
a small family-run shop which had no problems with cleanliness and noted they
agreed all of the conditions proposed by the Environmental Health Service.

The applicant emphasised that the key issue concerned the use of 2 tables and
6 chairs outside the premises which SEBRA had been opposing for around
15 years. There had been some issues about the provision of the licence for the
tables and chairs which had led to confusion between the applicant and the
Licensing Service. The applicant wished to continue to use the tables and chairs
for customers between 23:00 and 00:00 hours as previously operated and that the
tables and chairs did not create public nuisance.

Responsible Authorities
Ms Vanessa Thwaites, representing the Environmental Health Service, noted they
wished to withdraw their representations should the proposed conditions be
attached to the Premises Licence although they did have a concern about whether
the application area included the tables and chairs.

Interested Parties
Mr John Zamit, representing SEBRA, agreed that the premises had been permitted
to trade until 12 midnight under the previous legislation but the application was
outside of the Core Hours policy during the week. Mr Zamit suggested that the
application as it stood only included the premises and not the outside tables and
chairs. Mr Zamit therefore requested that the use of the outside tables and chairs
cease at 23:00 hours on all days. Furthermore, Mr Zamit did not think the premises
really used the tables and chairs after 23:00 anyway. This was challenged by the
applicant and Councillor Tombolis who noted he had regularly seen people sitting
outside after 23:00 hours. Mr Zamit stated a belief that Councillor Tombolis was
prejudiced in hearing the application due to his previous custom at the premises.
Councillor Tombolis rejected the assertion stating his visits had been infrequent and
had not caused a relationship to form between him and the premises.




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      Mr Shahrtash also responded that the premises were a small shop and so were
      reliant on the additional trade generated from the use of the outside tables and
      chairs.

      Mr Kerry Simpkin, representing the licensing service, clarified that the area was
      only for the premises outlined on the application and the tables and chairs issue
      was being addressed by the licensing service. He also circulated a letter from the
      Princess Court Residents’ Association withdrawing its previous representations on
      the grounds the applicant agreed to the conditions proposed by the Environmental
      Health Service.

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

      1.     Late Night Refreshment Monday to Sunday from 23:00 to 00:00 hours for
             the area set out in the application.

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

      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.

      Removed conditions:
      Proposed conditions 5 and 7 at Appendix C of the report to not be attached to the
      Premises Licence.

4.2   Angie’s II, 33 – 35 Woodfield Place, W9
      Application for a new Premises Licence under the terms of the Licensing Act 2003.

      In Attendance
      Applicants: None
      Responsible Authorities: Mr Stuart Page (Environmental Health Service) and
                               Mr Russell Powell (Metropolitan Police Service)
      Interested Parties: None

      Mr Kerry Simpkin, Licensing Manager, briefly introduced the report noting that the
      applicant was not in attendance. Apologies had however been received from
      Mr George, a local resident.




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      Responsible Authorities
      Ms Vanessa Thwaites, representing the Environmental Health Service, noted they
      had additional conditions they wished to be attached to the Premises Licence.
      Ms Joanne Murphy, the legal advisor, recommended that the Sub-Committee not
      impose conditions which had not yet been seen by the applicant.

      Resolved: That the application for a new Premises Licence be adjourned pending
      the applicant’s comments on the proposed additional conditions.

4.3   Kettners, 29 Romilly Street, W1
      Application to vary a Premises Licence under the terms of the Licensing Act
      2003.

      In Attendance
      Applicants: None
      Responsible Authorities: Ms Lyndsay Hayward (Environmental Health Service)
                               Mr Russell Powell (Metropolitan Police Service)
      Interested Parties: None

      Mr Kerry Simpkin, Licensing Manager, noted that the application to vary a
      Premises Licence had been withdrawn by the applicant.

      Resolved: That the application to vary a Premises licence under the Licensing Act
      2003 be withdrawn.

4.4   The Punch Bowl PH, 41 Farm Street, Mayfair, W1
      Application to vary a Premises Licence under the terms of the Licensing Act
      2003.

      In Attendance
      Applicants: Mr Greg Foreman (Applicant)
      Responsible Authorities: Mr Stuart Page (Environmental Health Service)

      Mr Kerry Simpkin, Licensing Manager, briefly introduced the report.

      The Application
      The applicant, Mr Foreman, outlined the application and noted that the premises
      did not in fact wish to trade until 01:00 hours but instead wanted until 12 midnight
      Monday to Saturday and 23:30 on Sunday as had previously been permitted
      under their Supper Hours Certificate. Mr Simpkin noted the 12 midnight hours
      had not been converted because the applicants had not provided the Supper
      Hours Certificate. Mr Foreman clarified that the certificate had become lost
      between his brewery offices and the Licensing Service. Mr Foreman added he
      wished to serve food until 12 midnight but this had been omitted from his
      application in error. The legal advisor, Joanne Murphy, clarified that the Sub-




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      Committee were unable to grant an application for late night refreshment until
      12 midnight as it had not been applied for and advertised on this occasion.

      Responsible Authorities
      Mr Russell Powell, representing the Metropolitan Police and Mr Stuart Page,
      representing the Environmental Health Service, did not have any representations
      to make against the amended application.

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

      1.     Sale by Retail of Alcohol Monday to Saturday from 10:00 to 00:00 hours and
             on Sunday from 12 noon to 23:30 hours.

      2.     The application for the premises be permitted to remain open to the public
             Monday to Saturday 10:00 to 00:30 hours and on Sunday from 12 noon to
             00:00 hours be refused.

      The proposed conditions at Appendix C of the report to be attached to the Premises
      Licence.

4.5   The Café Royal, 64 – 72 Regent Street, W1
      Application to vary a Premises Licence under the terms of the Licensing Act
      2003.

      In Attendance
      Applicants: Mr Craig Baylis (Representative)
      Responsible Authorities: Mr Robert Reed (Environmental Health Service)
                               Mr Russell Powell (Metropolitan Police Service)

      Mr Kerry Simpkin, Licensing Manager, briefly introduced the report noting the
      further representations received from the Environmental Health Service had not
      arrived within the permitted time limits although this was a follow-up to the initial
      representation which was within time.

      The Application
      Mr Craig Baylis, representing the applicant, briefly outlined the application and that
      he was content with all of the proposed conditions. Mr Baylis clarified that the
      premises were a conference building which only hosted private functions. However
      one part of the licensed area was permitted to remain open until 01:00, the rest
      having operated until 02:00 on regular SOE’s granted by the Metropolitan Police.
      This however continued to present a problem when there were large functions
      taking place. Mr Baylis therefore amended the application to request sale by retail
      of alcohol, throughout the premises, until 01:00 hours. He also amended the
      application to request on sales only of alcohol.




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Responsible Authorities
Ms Kelly Biberstein, representing the Environmental Health Service, maintained
their representations against the 01:00 terminal hour as the premises were in a
Stress Area. Ms Biberstein therefore suggested an amended terminal hour of
00:30 Monday to Saturday and continue with 22:30 on Sunday in line with what
was already permitted with regulated entertainment. This was not agreed by the
applicant.

Resolved: That the application to vary a Premises licence under the Licensing Act
2003 be determined as follows:

1.    i) To increase the terminal hour for the supply of alcohol on the premises by
      three hours from 23:00 to 02:00 Monday to Saturday and by one hour thirty
      minutes to 00:00 on Sunday be refused in accordance with the
      recommendation and the reasons for the recommendation as set out in the
      report. The Sub-Committee however granted a terminal hour of 00:30 for
      supply of alcohol, Monday to Saturday.

      ii) To increase the commencement hour for the supply of alcohol by two
      hours from 12:00 to 10:00 on Sunday be refused.

2.    i) To permit regulated entertainment in the form of boxing or wrestling
      Monday to Sunday from 12:00 to 23:00 to be provided only in the Empire/
      Napoleon Rooms on no more than 12 occasions per calendar year and
      subject to 10 working days notification to the Licensing Authority be granted.

          ii) To reduce the commencement hour of regulated entertainment
          throughout the premises in the form of Live Music, Recorded Music,
          provision of facilities for making music, provision of facilities for dancing
          Monday to Saturday from 09:00 to 10:00 hours be granted.

          iii) To reduce the commencement hour of regulated entertainment
          throughout the premises in the form of Live Music, Recorded Music,
          provision of facilities for making music, provision of facilities for dancing
          on Sunday from 12:00 to 10:00 hours be refused in accordance with the
          recommendation and the reasons for the recommendation as set out in
          the report.

          iv) To extend the terminal hour of regulated entertainment throughout the
          premises in the form of Live Music, Recorded Music, provision of
          facilities for making music, provision of facilities for dancing on Sunday
          from 23:00 to 00:00 – withdrawn

3.    To permit Late Night Refreshment on Sunday from 23:00 to 00:00 be
      refused in accordance with the recommendation and the reasons for the
      recommendation as set out in the report.



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      4.    Seasonal Variations and/ or Non Standard Timings.
            i) To permit seasonal variations for the supply of alcohol, regulated
            entertainment in the form of Live Music, recorded Music, provision of
            Facilities for Making Music and provision of facilities for dancing from the
            terminal hour on New Year’s Eve until the terminal hour on New Year’s Day
            be granted as an embedded right.

            ii) To permit the non-standard timing for the supply of alcohol, regulated
            entertainment in the form of Live Music, Recorded Music, provision of
            facilities for making music, provision of facilities for dancing and Late Night
            Refreshment for the terminal hour to be extended to 05:00 hours on no more
            than five occasions per calendar year, following 10 working days notice to
            the Police and the Licensing Authority, subject to Police veto be refused in
            accordance with the recommendation and the reasons for the
            recommendation as set out in the report.

      5.    i) To reduce the commencement hour the premises is open to the public
            Monday to Saturday from 09:00 to 09:30 be granted.

            ii) To extend the terminal hour the premises is open to the public Monday to
            Saturday from 01:00 to 02:30 and on Sunday from 23:00 to 00:30 be
            refused in accordance with the recommendations and the reasons for the
            recommendation as set out in the report.

      The proposed conditions at Appendix C of the report to be attached to the Premises
      Licence.


Scheduled application 4.2 (The Guinea Grill, 30 Bruton Place, W1) was not heard
as all representations had been withdrawn.


5.    Close of Meeting

5.1   The meeting closed at 18:52.



Chairman:                                      . Date:                         .




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