Licensing Sub-Committee (6) - Thursday 29th August, 2024 10.00 am

August 29, 2024 View on council website  Watch video of meeting
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Summary

This meeting was scheduled to consider applications for a new street trading designation, variations to 3 premises licences, and an application for a new premises licence. The committee report pack contains objections from the Metropolitan Police to 2 of the applications, and objections from residents and amenity groups to 3 of the applications.

Designation of Fernhead Road

The most significant topic scheduled to be discussed in this meeting was whether to designate a stretch of Fernhead Road to be suitable for Street Trading1, to be known as Maida Hill Market.

The Licensing authority will designate and de-designate street trading pitches to ensure that street trading is carried on in suitable locations and not carried on in unsuitable locations.

- City of Westminster Statement of Street Licensing Policy, Policy ST5(9)

The report pack contains the application from the Council for the designation, which contains the proposed layout for the market, details about the history of the market, and the responses from statutory consultees.

At the time of the meeting, only Highways Planning2 had responded to the consultation.

Variation of Premises Licence: Shawarma N More

The next most significant topic scheduled to be discussed in this meeting was an application by Shawarma N More Limited, a fast food takeaway at 123 Baker Street, to vary its Premises Licence3 in order to:

  • extend the hours for late night refreshment4 from 23:00 - 23:30 to 23:00 - 02:00 Monday to Sunday; and
  • extend the opening hours to 02:00 Monday to Sunday.

The application has been objected to by the Metropolitan Police and Environmental Health, who both feel that it would undermine the licensing objective of the prevention of crime and disorder. The Police raise particular concern about the potential for congregation of customers who may have been drinking.

Fast food premises which are open after 11pm can attract large groups of customers, many of whom have been consuming alcohol in pubs, bars, or night clubs sometimes some distance away. The congregation of people around these premises leads to additional noise and disturbance and further congestion in the area.

- City of Westminster Statement of Licensing Policy

The application has also received a very large number of objections from local residents, who raise similar concerns about public nuisance, crime and disorder, litter and delivery drivers. Many also point out that this appears to be the third application for a Late Night Refreshment licence that has been made by the applicant.

PC David Morgan from the Metropolitan Police Licensing Team writes that he has concerns that the venue is not being managed effectively and that those in charge have little knowledge of the current licence and its conditions.

Variation of Premises Licence: Grosvenor Victoria Casino

The report pack also contains an application by the Grosvenor Victoria Casino at 150-162 Edgware Road to vary its Premises Licence. This variation is to:

  • remove a condition from their licence that requires the sale of alcohol to be ancillary to the use of the premises as a casino;
  • remove a condition from their licence that requires the sale of alcohol after 02:00 to be through waiter service, and for it only to be served to those who are participating in gaming or taking a table meal; and
  • add non standard timings for New Year's Eve and for the commencement of British Summertime.

The application has not received any objections from Responsible Authorities or from members of the public.

Variation of Premises Licence: The Poker Room

The report pack also contains an application by The Poker Room at 150 Edgware Road to vary its Premises Licence. This variation is to:

  • extend the hours for the sale of alcohol on Saturday from 10:00 to 04:00 to 10:00 to 06:00;
  • remove a condition from their licence that requires the sale of alcohol to be ancillary to the use of the premises for gaming facilities and substantial refreshment;
  • remove a condition from their licence that requires the sale of alcohol after 02:00 to be through waiter service, and for it only to be served to those who are participating in gaming or taking a table meal; and
  • add non standard timings for New Year's Eve and for the commencement of British Summertime.

This application has been objected to by Environmental Health who believe that the proposal may undermine the Public Nuisance licensing objective. It has also received objections from The Hyde Park Estate Association and the Marylebone Ward Councillors. Both objectors state that:

The application of very late//all night alcohol licenses does not belong in areas next door to a high density of residential homes.

New Premises Licence: Arboretum

The final application to be considered in this meeting was an application by Penway Holdings Ltd for a New Premises Licence for Arboretum, described as a coworking members club, at Cavell House 2A Charing Cross Road. This application is on the same terms as a lapsed licence, but with an updated layout plan.

The application has received an objection from 4 local residents who raise concerns about noise from music and events, public nuisance, and smoking. The objectors point out that they have experienced problems with the previous occupier of the premises. The report pack contains mediation emails from the applicant to the objectors, which seek to assure them that the premises will be operated responsibly and in accordance with the licensing objectives. The objectors appear to not be satisfied by these assurances.


  1. Street Trading is the legal term for selling or offering for sale any article in the street. 

  2. In the UK, before making a planning decision, Councils are legally required to consult certain other bodies, like the Highway Authority or the Police. These bodies are called Statutory Consultees. 

  3. A Premises Licence is a legal document that allows a business to carry out licensable activities, like the sale of alcohol. The Licensing Act 2003 sets out the law on Premises Licences. 

  4. Late Night Refreshment is a legal term meaning the supply of hot food or drink to members of the public between the hours of 23:00 and 05:00.