The Licensing Committee of Westminster Council met on Wednesday 19 November 2014 to discuss guidance on filming and public exclusion from sub-committee meetings, a review of the council's licensing policy, and a number of licensing appeals. The meeting also included a private session to discuss confidential legal advice.

Guidance on Filming and Public Exclusion from Licensing Sub-Committee Meetings

The committee was scheduled to consider guidance on the filming of Licensing Sub-Committee meetings and the exclusion of the public from these meetings. The report, presented by the Head of Legal and Democratic Services, Peter Large, aimed to provide clarity following the introduction of the Openness of Local Government Bodies Regulations 2014. The guidance proposed amendments to the rules of procedure to establish criteria for determining whether filming and photography would be allowed, ensuring that any such activity would not disrupt proceedings and that individuals could opt out. It also outlined a protocol for the exclusion of the public from hearings, particularly when requested by the police due to ongoing investigations, to prevent prejudice to criminal proceedings.

Licensing Act 2003 – Statement of Policy Review

A report from the Director of Strategy and Communications was scheduled to inform the committee about the forthcoming review of the Statement of Licensing Policy under the Licensing Act 2003. This review, which is required every five years, aims to update the policy to reflect changes in licensing legislation, such as the introduction of Sexual Entertainment Venue (SEV) licensing and the Live Music Act. It also planned to update the evidential base, assess policy issues raised by stakeholders, and ensure consistency with corporate policy aims. The proposed timetable for this review spanned from August 2014 to June 2015.

Licensing Appeals

The committee was to receive an update on recent licensing appeal results. The report from the Head of Legal and Democratic Services detailed a number of appeals that had been heard, withdrawn, or settled. These included appeals related to:

• Ham Yard Hotel, Site Bounded by 5-10 Denman Street, 33-36 Great Windmill Street, 14-18 Ham Yard and 1-7 Smith's Court W1: An appeal by Firmdale Hotels Plc against the decision to grant a new premises licence with certain restrictions on terminal hours and the sale of alcohol. The appeal was ultimately withdrawn, and the City Council's costs of £25,000 were agreed.
• Boulevard, 7-12 Walker's Court W1: An expedited review of the premises licence following allegations of serious crime. The licence was initially suspended and subsequently revoked by the Sub-Committee. An appeal by Soho Estates Ltd was withdrawn prior to the full hearing.
• Pleasure Lounge, 52 Rupert Street, London W1: Similar to the Boulevard case, an expedited review led to the suspension and subsequent revocation of the premises licence due to association with serious crime. An appeal by Sylwia Grzyb was dismissed, and the City Council was awarded costs.
• Ognisko Polskie (Polish Hearth Club), 55 Princes Gate, SW7: An appeal by Ognisko Polskie Limited against the decision to grant a new premises licence with limitations on hours and the use of certain floors. The appeal was withdrawn prior to the full hearing.
• Avalon at 39-45 Shaftesbury Avenue, London, W1D 6LA: A review of the premises licence following a fatal shooting. The licence was revoked by the Sub-Committee, and an appeal by the landlords, Delfont Mackintosh Theatres Limited, was dismissed.
• La Bodega Negra, 14-16 Moor Street / 9 Old Compton Street: An application to vary the premises licence to allow for the sale of alcohol without food in specific bar areas. The appeal against the Sub-Committee's refusal was allowed, with the District Judge finding that an exception to policy was justified.
• Le Vieux Comptoir, Basement, 20 Moxon Street: An application to extend licensable hours and increase the number of persons permitted in the basement. The appeal against the refusal of this application was withdrawn.
• Amika, 43 South Molton Street, London W1: A review of the premises licence following serious disorder. The licence was revoked by the Sub-Committee, and the licensee's appeal was withdrawn. A Closure Order had also been granted.
• Paddy Power, 195-197 Edgware Road, W2 1EY: An appeal against the refusal of a new betting shop licence. The appeal was compromised, with the City Council conceding to the grant of the licence.
• Pitches 619 and 620 Church Street Market: An appeal by Mr Mahmadin Lalludin against the revocation of his street trading licence due to persistent failure to pay fees. The appeal was dismissed by both the Magistrates' Court and the Crown Court, with costs awarded to the City Council.

Sex Establishment Licensing - Fees

The committee was to be updated on the ongoing legal challenge concerning the fees charged by the City Council for sex establishment licences. This case, brought by Mr Timothy Hemming and other licensees, had progressed through the High Court and Court of Appeal, with the Council's appeal to the Supreme Court being granted permission. The Supreme Court hearing was scheduled for 13 January 2015.

Other Business

The agenda also included a review of the minutes from the previous meeting held on 9 July 2014, and a discussion on future Licensing Committee meeting dates. A confidential item, scheduled for discussion in private session, related to legal advice concerning Second or 'Shadow' Licences under the Licensing Act 2003.