Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance be agreed.

Apologies had been received by Councillors Shah Miah, Pat Callaghan and Sharon Hardwick.

Councillor Meric Apak, in attendance as an interested party for item 8, declared that he was a Member of the Licensing Committee. He stated that he would be speaking in his capacity as a ward councillor and would not be speaking in his capacity as a Member of the Licensing Committee.

Broadcast of the meeting

The Chair to announce the following: “In addition to the rights by law that the public and press have to record this meeting, I would like to remind everyone that this meeting is being broadcast live by the Council to the Internet and can be viewed on our website for at least six months after the meeting. After that time, webcasts are archived and can be made available on upon request.

If you have asked to address the meeting, you are deemed to be consenting to being filmed and to the use of those images and sound recordings for webcasting and/or training purposes. If you are addressing the Committee your contribution will be recorded and broadcast.”

Broadcast of the Meeting

The Chair made the following announcement: “In addition to the rights by law that the public and press have to record this meeting, I would like to remind everyone that this meeting is being broadcast live by the Council to the Internet and can be viewed on our website for six months after the meeting.

After that time, webcasts are archived and can be made available upon request. If you have asked to address the meeting, you are deemed to be consenting to having your contributions recorded and broadcast, including video when switched on, and to the use of those sound recordings and images for webcasting and/or training purposes.”

Supplementary Agenda

A supplementary agenda was published on 15 November which included the following additional papers: the Police representation withdrawal email in relation to the Chili Flames application (item 7); and a late paper submitted by the Charlotte Street Association interested party for the SCJ PICNIC TO KOREA application (item 9).

There was no urgent business.

To approve the minutes of the meeting held on 12 October 2023.

RESOLVED –

THAT the minutes of the meeting held on 12 October 2023 be approved and signed as a correct record.

Report of the Executive Director Supporting Communities.

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a new premises licence under Section 17 of the Licensing Act 2003.

Paru Bhudia, Licensing Officer, summarised the report. It was stated that since the publication of the main agenda, the Police withdrew their representation having agreed conditions with the applicant, set out in the supplementary agenda (pages 3-4).

Councillor Meric Apak addressed the Panel, speaking on behalf of three objecting interested party representations; his own representation, a representation submitted by Councillor Jenny Headlam-Wells as a fellow ward Kentish Town South councillor, and thirdly, a representation submitted by Caroline Hill on behalf of the Kentish Town Road Action group. The following points were raised:

-       The premises licence as applied for would result in public nuisance to residents, particularly after midnight. This would be caused by customers arriving or leaving the venue, vehicles picking up and dropping off customers. Additionally, more people than usual would be attracted to the area creating more cumulative noise in the area.

-       In recent years, the impact of the increasing night-time activities had seriously concerned some residents and licensing law and policy was in place to help prevent problems arising.

-       Since submitting the representation, rather than objecting to the application in its entirety, Councillor Apak stated that in his view the premises could promote the licensing objectives if the application was granted within framework hours.

Elona Onibere, legal representative to the Applicant, spoke to the application and made the following points:

-       The bus stop next to the venue was used 24 hours per day which led to noise generated from bus vehicles and passengers, therefore the any noise generated by the venue would not be noticed or add to noise.

-       There were many restaurants and takeaways in the local area which operated late night hours, some until 03:00, therefore this application should be granted to be treated fairly.

-       The application was not applying for the sale of alcohol.

-       The food sold would be grilled chicken and other healthy options.

-       Safety measures in place would include incident logs, CCTV and a visitor log. Since opening in September there had been no incidents.

-       Children under the age of 12 would have to be accompanied by an adult to enter the venue.

In response to questions, Elona Onibere confirmed that noise nuisance and public nuisance were different categories, and that the Licensing Panel had to evaluate and make an assessment on each application on its own merit.

In their closing remarks, Councillor Meric Apak stated that his concerns raised were in relation to public nuisance and the late-night refreshment aspects of the application. There were already many licenced premises in the area which all contributed to the cumulative disturbance to residents.

In their closing remarks, Elona Onibere stated that the application should be treated fairly compared to other local venues in the times they were allowed to serve late night refreshments and be allowed.  ...  view the full minutes text for item 7.

Report of the Executive Director Supporting Communities.

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a new premises licence under Section 17 of the Licensing Act 2003.

Paru Bhudia, Licensing Officer, summarised the report. It was noted that the applicant had agreed the Police conditions which could be found in the main agenda (Pages 112-113) and were included in the application.

Mr. Paul Farmer, witness for interested party XXXXXXXXXXXX, addressed the Panel. Mr. Paul Farmer lived in the same household as XXXXXXXXXXXX and shared the same concerns raised in the representation. The following points were highlighted in their summary; the venue was not a public house and therefore should have more restricted hours to sell alcohol, particularly during weekdays; the venue was situated in a residential area, including a local nursery in close proximity; and additional concerns of bright lighting affecting neighbours and the impacts on the community of commercial rubbish were mentioned.

In response to questions, Mr. Paul Farmer clarified and outlined the following points:

-       In response to Members asking what sale of alcohol hours they would accept, they stated that the sale of alcohol should ideally take place when people were eating meals, suggesting between 17:00-22:00 Monday to Friday and 11:30-22:00 Saturday and Sunday.

-       He stated the terminology of ‘standard hours’, used by Kevin Morris, was not helpful when putting value on local concerns and circumstances.

Kevin Morris, legal representative to the Applicant, spoke to the application and made the following points:

-       The venue was not a primarily drinking establishment; alcohol was ancillary to a meal; there was no vertical drinking; and the venue was table service for meals.

-       The application did not include late night refreshments or recorded or live music.

-       All of the Police conditions had been accepted, which included no vessels leaving the venue after 21:00.

-       The business was new, and the Applicant was keen to be a responsible operator.

In response to a question, Kevin Morris stated that he did not believe the interested party’s suggested hours were required to promote the licensing objectives. A designated premises supervisor and sufficient staff training would ensure customers drank responsibly.

In their closing remarks, Mr Paul Farmer stated that he voiced his concerns during the hearing, and alongside those views he wished the venue success.

In their closing remarks, Kevin Morris emphasised the venue was not a drinking-led establishment and alcohol was ancillary to a meal. The premises would be a good addition to the area.

Decision and Reasons

In their deliberations, a Panel Member stated that the representations did not adequately demonstrate why the premises application would not promote all four licensing objectives. The Panel Member appreciated that local residents had concerns about a new venue opening up in the area, and not having full certainty on how it would operate.

Panel Members stated that the Police conditions accepted by the applicant addressed concerns that the venue would not be a drinking destination; ensured the venue operated as  ...  view the full minutes text for item 8.

Report of the Executive Director Supporting Communities.

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a new premises licence under Section 17 of the Licensing Act 2003.

Paru Bhudia, Licensing Officer, summarised the report. It was noted that the applicant had agreed the Police conditions which could be found in the main agenda (pages 175-176) and were included in the application.

The Panel agreed to admit the late paper submitted by the Charlotte Street Association objecting interested party, published within the supplementary agenda (pages 5-6).

Seung Kim, Applicant, made the following oral amendment to the application: Supply of Alcohol (For consumption on and off the premises) to finish at 22:30 Monday to Sunday (formerly 23:00).

Dr. Andrew Watson, objecting interested party, spoke his representation and made the following points:

-       the premises was situated in a residential area and their flat was directly above the premises; the granting of an alcohol licence for on and off premises would result in noise disturbance caused by customers; 

-       customers dining outside would cause particular noise and smoking issues late into the evening, which would affect local children if windows were open in the summer months;

-       the venue would attract people looking for a drinking destination due to the alcohol serving times;

-       with windows and doors open, noise would travel outside and into the neighbourhood;

-       noise disturbance and pavement hazards would be caused by food deliveries; and

-        the premises was in a cumulative impact area (CIA) and there was no evidence this application should be an exception to the policy and granted.

In response to a question, Dr. Andrew Watson confirmed that he had not been affected by any of the previous licensed premises on the same site.

In Clive Henderson’s absence, who was unable to join the meeting due to technical issues, Panel Members confirmed that they had considered the representation made by the Charlotte Street Association, included within the agenda and supplementary agenda.

Seung Kim, Applicant, spoke to the application and made the following points:

-       There were other venues in the area operating late night hours selling alcohol.

-       The applied for operating times of the restaurant would not cause a negative impact on public safety.

-       The Korean pop themed restaurant would not operate as a British pub. The specific style of restaurants were typically based in small tents or street stores found in South Korea.

-       The premises was small: the inside seating area was c.15sqm, accommodating a maximum of 15 covers, and the outside seating area could accommodate 12-13 covers. It was noted that the outside area would be used in a limited capacity due to there being no windshields, and therefore would only be viable in warm weather conditions.

-       The area was already busy and the small restaurant would not contribute to noise in any significant way.

-       The previous premises on the site was an Italian restaurant which had later opening times than the application. The previous operator said  ...  view the full minutes text for item 9.

There was no other business.

Should the Panel wish to go into closed session, it will take the following resolution:

THAT the press and public be excluded from the proceedings of the Licensing Panel on 16 November 2023 during consideration of the respective item on the agenda on the grounds that it is likely, in view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in Schedule 12A to the Local Government Act 1972 (as amended) and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Specifically -

Publicity in respect of item x would be likely to lead to the disclosure of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings by virtue of Category 5 of Schedule 12A of the Local Government Act 1972 (as amended).