Agenda and decisions

The Royal Borough of Kensington and Chelsea

Decision of the Licensing Sub-Committee (“Committee”)

23 May 2024

Present at Hearing:-

Committee:                      Councillor Marie-Therese Rossi (Chair)

                                Councillor Aarien Areti

                                Councillor Claire Simmons

Officers:                  Paul Phelan (Licensing)

                                Lindsey Le Masurier (Legal)

                                Holly Weaver (Governance)

                                Nimca Muhudin (Governance)

                                Jerome Treherne (Governance)

Applicant:                        Emanuele Tagliarini (Applicant)

Thomas O’Maoileoin (Legal Adviser)

Objector:                 Caroline Atkins

Cinquecento, 233 Portobello Road, London, W11 1LT(“the Premises”)

The Committee has considered an amended application for the variation of a premises licence under the Licensing Act 2003 in respect of the above Premises.

The Committee has considered the committee papers and the submissions made by all of the parties, both orally and in writing.

The Premises already has a Premises Licence and the Applicant was initially seeking the following variations:-

(1)  to permanently extend the licensing area by adding the rear first-floor roof terrace;

(2)  to remove conditions 18 and 33 of the current Premises Licence;

(3)  to amend conditions 30, 31 and 32 of the current Premises Licence

During the hearing, the Applicant amended their application to instead seek the following variations:-

(1)  to temporarily extend the licensing area by adding the rear first-floor roof terrace for a time limited period until 30 September 2024; and,

(2)  to use the rear first-floor roof terrace for licensable and non-licensable activities on Fridays, Saturdays and Sundays only between 10:00 until 17:00 during such time limited period.

As a result of the application being amended, the Applicant agreed to:-

(1)  not remove condition 18 but to replace it with revised condition 18

(2)  not to remove condition 33 but to replace it with revised condition 33

(3)  to amend the date and times contained in condition 30

(4)  to amend the date contained in condition 31

(5)  to amend the date contained in condition 32

(6)  to amend the dates shown on the First Floor Plan of the Premises Licence

The Applicant also agreed to permanently amend condition 22 so that the door leading onto the first-floor terrace would be kept closed from 17:00 hours until 10:00 hours the following day (instead of being kept closed from 21:00 hours until 08:30 hours the following day).

In reaching its determination, the Committee has had regard to the relevant legislation, the Secretary of State’s Guidance (“Guidance”) and the Licensing Authority’s Statement of Licensing Policy (“SLP”).

In summary, the Committee has determined, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives:-

1.    To grant temporary permission to extend the licensing area to include the first-floor roof terrace of the Premises between the hours of 10:00 until 17:00 on Fridays, Saturdays and Sundays only for a time limited period until 30 September 2024 in accordance with the plans attached to the existing licence (except that the wording relating to the First Floor Plans shall be amended to read ‘First Floor plan – time limited to 30 September 2024’ and ‘First Floor plan – from 1 October 2024’  ...  view the full decision text for item 1.