The Licensing Sub-Committee (2) of Westminster Council convened to consider two premises licence applications. Councillor Maggie Carman, Deputy Cabinet Member - Adult Social Care, Supported and Specialist Housing, was scheduled to chair the meeting, with Councillor Md Shamsed Chowdhury, Deputy Cabinet Member - Streets and Lead Member - Edgware Road Champion, and Councillor Paul Swaddle OBE, Leader of the Opposition, also in attendance.

Pizza Hut Delivery, 113 Lupus Street

The meeting was scheduled to consider an application for a variation of a premises licence for Pizza Hut Delivery, 113 Lupus Street. JJ & Team Limited applied to extend the hours for late night refreshment to 23:00 to 05:00, Monday to Sunday, with the premises opening hours to the public as 11:00 - 05:00 Monday to Sunday.

The report pack included the applicant's submission that they intended to open late exclusively for third party aggregator (TPA) drivers (Uber Eats, Deliveroo, Just Eat), and not for their own drivers. The applicant stated that this would ensure there is no noise or disturbance, as TPA drivers would park away from the store, and there would be no engines starting and stopping. Following consultation, the applicant amended the terminal hour for late night refreshment and closing time from 05:00 to 02:00, and proposed a further condition relating to delivery drivers.

The Metropolitan Police Service objected to the application, stating that granting it would likely undermine the licensing objective of the prevention of crime and disorder. PC Steve Muldoon, a representative of the Metropolitan Police Service, stated that the location is in the middle of a residential area and should this be granted this would be the only premises open throughout the night, which is likely to become a point for people to gather at and such cause issues for local residents.

Environmental Health also submitted a representation. Fabiola Kouadio, a representative of Environmental Health, referred to the application for a Licence Variation to increase the permitted hours for Late-Night Refreshment indoors only: Monday to Sunday 23:00 to 05:00 hours.

Objections were also received from other persons, citing concerns about noise nuisance from delivery drivers and customers, anti-social behaviour, and increased littering.

The report pack noted that the following policies within the City Of Westminster Statement of Licensing Policy apply:

• Policy HRS1
• Policy FFP1(A)

The Lady, 39-40 Bedford Street

The sub-committee was scheduled to consider a new premises licence application for The Lady, 39-40 Bedford Street, from Capital & Counties Cg Ltd, Capital & Counties Cg Nominee Ltd & Charlie Carroll. The application proposed a new premises licence for a restaurant with an ancillary bar.

The applicant submitted a covering letter, dispersal policy and application summary, as well as a summary of proposals, a MAKE licensing impact assessment report, an acoustic report, a deck with concept images of The Lady and photos of The Devonshire, and a stakeholder consultation report. The applicant also provided an updated list of proposed conditions.

The proposed licensable activities and hours were listed in the report pack, including:

• Late Night Refreshment: Monday to Thursday 23:00-23:30, Friday and Saturday 23:00-00:00
• Recorded music: Monday to Thursday 09:00-23:30, Friday and Saturday 09:00-00:00, Sunday 09:00-22:30
• Sale by retail of alcohol: Monday to Thursday 09:00-23:30, Friday and Saturday 09:00-00:00, Sunday 09:00-22:30
• Hours premises are open to the public: Monday to Thursday 09:00-23:30, Friday and Saturday 09:00-00:00, Sunday 09:00-22:30

The Metropolitan Police Service objected to this application, stating that granting it would likely undermine the licensing objective of the prevention of crime and disorder. PC Steve Muldoon stated that the premises is situated within the cumulative impact zone and as such is in an area that is already a hot-spot for crime/disorder and anti-social behaviour.

Environmental Health also raised concerns, with Anil Drayan stating that the premises are located in the West End Cumulative Impact Zone (CIZ), and raising representations as the proposal may undermine the licensing objectives of Prevention of Public Nuisance and for Public Safety.

The Licensing Authority also submitted a representation, with Kevin Jackaman raising concerns in relation to how the premises would promote the four Licensing Objectives, and suggesting that the application proposes to introduce a substantial bar area and as such the application needs to be determined under the Council's Pubs and Bars policy, PB1.

Representations were also received from other persons, including the Covent Garden Community Association (CGCA), who stated that the ground floor operation should be considered as a pub or bar to which is subject to the considerations within PB1 and the upper floors as a restaurant to which the considerations of RNT1 apply. The CGCA suggested additional steps which could be taken to reduce the risk and mitigate the impacts arising from the grant of a licence, including substituting new Model Conditions, adding MC14 requiring doors and windows to be closed after 21:00, and adding MC76 related to odours and fumes to the licence.

Other objections included concerns about noise, overlooking, and the impact on residents.

Several representations were also received in support of the application, including from the London Heritage Quarter, the Director of The Royal Ballet, a Senior Policy Officer from the Greater London Authority, a local resident, and a restaurant critic from The Times.

The report pack noted that the following policies within the City Of Westminster Statement of Licensing Policy apply:

• Policy CIP1
• Policy HRS1
• Policy PB1

The report pack also included premises plans, applicant supporting documents, premises history, proposed conditions, and a residential map and list of premises in the vicinity.