Licensing Sub-Committee (6) - Wednesday 2nd October, 2024 10.00 am

October 2, 2024 View on council website  Watch video of meeting
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Summary

This meeting was scheduled to consider four licensing applications, all for premises in Westminster. The most significant was a new licence for a restaurant, which was opposed by residents and The Metropolitan Police. There were also two applications for new licences for premises intending to provide late night entertainment, one of which was for a shadow licence. There was also a new Sexual Entertainment Venue licence application.

Gold Mine Restaurant - 100-102 Queensway, London W2 3RR

This was an application by Good Fortunes London Limited for a new Premises Licence for Gold Mine Restaurant at 100-102 Queensway, London, W2 3RR. The application was made because the restaurant had been operating across two neighbouring premises, each with its own licence. The new licence was needed following the merger of the two premises.

The application was for the following licensable activities:

  • Sale by retail of alcohol for consumption on the premises from 10:00 - 22:30 Monday to Thursday, 10:00 - 23:30 Friday to Saturday, and 10:00 - 22:00 on Sunday
  • Late Night Refreshment indoors from 23:00 - 00:00 Friday to Saturday
  • Recorded Music indoors from 10:00 - 23:00 Monday to Saturday, and 10:00 - 22:30 on Sunday

The application was opposed by the Environmental Health Service and The Metropolitan Police, and there were also objections from the South East Bayswater Residents' Association (SEBRA) and Bayswater Residents Association (BRA), as well as eight individual residents.

The Environmental Health Service objected on the basis that the applicant had not demonstrated that it had considered

the potential for nuisance associated with the style, characteristics and activities of the business.

They also objected on the basis that the application failed to demonstrate that the applicant had carried out

appropriate and satisfactory general and technical risk assessments, management procedures ... to ensure the public will be safe within and in the vicinity of the premises.

The Environmental Health Officer also objected on the basis that

The applicant is expected, according to the council’s Statement of Licensing Policy, October 2021, to have regard to the potential for nuisance associated with the style, characteristics and activities of the business. This assessment has to have regard to the proximity of residential accommodation and the inclusion of appropriate conditions as part of the operating Schule to ensure residents and businesses are not disturbed. Applicant has failed to demonstrate this.

The Metropolitan Police objected on the basis that they were

concerned that the hours have now been changed twice and am somewhat confused as to now what and when the application is for.

They also objected on the basis that

the conditions proposed are wholly inadequate to ensure the venue will promote the licensing objectives.

SEBRA argued that the requested hours were excessive and suggested that the restaurant should instead operate within Westminster's Core Hours:

SEBRA is willing to agree to Westminster Core Hours of Monday to Thursday 23.30, Friday & Saturday midnight and Sunday 22.30.

They also requested additional conditions relating to:

  • CCTV
  • Deliveries
  • Refuse & recycling collections
  • Prevention of noise and odours emanating from the premises
  • Smoking
  • Queuing outside the premises
  • Delivery drivers

BRA's objection was that they

object to the applicant's proposed hours and support the concerns raised by SEBRA.

The eight residents' objections related to existing problems with noise and odours from the restaurant. One resident, who submitted an acoustic report alongside their objection, observed that

the noise produced by the Gold Mine’s ducts at the back of the restaurant during the day is in excess of WHO standards, and potentially in breach of UK legal levels if UK regulation is in line with WHO standards.

17 Churton Street, London SW1V 2LY

This was an application by Logiuro Ltd for a New Premises Licence for 17 Churton Street, London, SW1V 2LY. The premises intended to operate as a pizzeria.

The application was for the following licensable activities:

  • Sale by retail of alcohol for consumption on and off the premises from 11:00 - 23:00 every day.

The application was opposed by the Environmental Health Service and The Metropolitan Police, as well as the Tachbrook Street Residents Association (TSRA) and twelve residents.

The Environmental Health Service objected on the grounds of public nuisance and public safety. They felt that the conditions offered in the application were

insufficient to allay Environmental Health concerns.

The Metropolitan Police initially objected on the grounds of prevention of crime and disorder. They were concerned about the conditions that had been proposed, saying that they

feel the below conditions would better assist to promote the licensing objectives.

The Police withdrew their objection after the applicant agreed their proposed conditions.

The objections from TSRA and the twelve residents all related to concerns about noise from the proposed use of the premises' back garden as a bar area. One resident noted that

It is misleading to show the yard (labelled Seating Areas / Garden) floating in the Floorplan. As a more general plan will show, the yard at the rear of no.17 shares a party wall [with a neighbouring building], is close to [another building] and shares a party wall with Tachbrook St. A view of a more general plan will show just how tight this corner of Churton St and Tachbrook Street is.

Another resident objected to use of the back garden on the basis that

The Victorian structure/ closed nature of this garden space causes sound to reverberate throughout the shared garden from any point within it: voices, music, animals, workmen, drilling, sanding, etc. Every sound can be heard across the garden.

17-19 Great Windmill Street, London, W1D 7JZ (Shadow Licence)

This was an application by Rkw Ltd for a new Premises Licence for 17-19 Great Windmill Street, London, W1D 7JZ. The application was for a shadow licence.

The application was for the following licensable activities:

  • Plays indoors from 09:00 - 05:00 Monday to Saturday, and 14:00 - 03:00 on Sunday
  • Films indoors from 09:00 - 05:00 Monday to Saturday, and 09:00 - 00:00 on Sunday
  • Live Music indoors from 09:00 - 05:00 Monday to Saturday
  • Recorded Music indoors 24 hours a day
  • Performance of Dance indoors from 09:00 - 05:00 Monday to Saturday
  • Anything similar to Live Music, Recorded Music or Performance of Dance from 09:00 - 05:00 Monday to Saturday
  • Late Night Refreshment indoors from 23:00 - 05:00 Monday to Saturday
  • Sale of Alcohol (on and off the premises) from 10:00 - 05:00 Monday to Saturday and 12:00 - 22:30 on Sunday
  • Adult Entertainment restricted to over-18s

The application was opposed by The Soho Society and six residents.

The Soho Society objected on the grounds that the application would have a negative cumulative impact on the area, and that the proposed shadow licence would be able to come into effect if the current licence lapsed, was surrendered or revoked, creating a situation where

crime levels in Westminster have reached pre-COVID levels and since the last Cumulative Impact Assessment in 2020 crimes have concentrated even further in the West End.

They withdrew their objection after the applicant proposed a condition that the shadow licence

will not take effect when the current licence is in operation, or it lapses, is surrendered or revoked.

The six residents' objections were based on concerns about antisocial behaviour, noise, crime, drug use, and the impact on local families and businesses.

The Windmill Theatre, 17-19 Great Windmill Street, London, W1D 7JZ

This was an application by Rkw Ltd for a new Sex Establishment Venue licence for The Windmill Theatre, 17-19 Great Windmill Street, London, W1D 7JZ.

The application was for the following licensable activities:

  • Provision of Relevant Entertainment in the form of full nudity striptease from 09:00 - 05:00 Monday to Saturday and 09:00 - 03:00 on Sunday

The application was opposed by The Soho Society, who withdrew their objection after the applicant agreed to a condition that the

shadow licence will not take effect when the current licence is in operation, expired or it lapses, is surrendered or revoked.

The application was also opposed by the Environmental Health Service, who withdrew their objection after the applicant agreed to the same condition.

The application was also opposed by six residents on the grounds of antisocial behaviour, crime, and the impact of the venue on the character of the area. One objector, Nimax Theatres, owner and operator of the nearby Lyric Theatre, initially adopted a neutral stance, but subsequently stated that they

don’t foresee any further involvement from Nimax within this process.

They also noted that

the Lyric team and our Head Office have previously had good open communication with the Windmill and only seek to maintain that, ensuring that any operational change at the Windmill does not negatively impact our operation at the Theatre.