Agenda and minutes

To elect a Chair of Licensing Panel A for the 2024/25 municipal year.

Proposed by Councillor Sharon Hardwick and seconded by Councillor Lorna Greenwood, Councillor Shah Miah was elected Chair of Licensing Panel A for the 2024-25 municipal year.

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance be agreed.

Apologies had been received from Councillor Pat Callaghan who was substituted by Councillor Lorna Greenwood.

Councillor Greenwood declared in relation to item 9 Elysee Restaurant for transparency that she was a member of the Panel that sat on the review hearing for this premises in 2022.

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.”

Webcasting

The Chair announced that the meeting was being broadcast live to the internet and would be capable of repeated viewing and copies of the recording could be made available to those that requested them. Those participating in the meeting were deemed to be consenting to being filmed.

Withdrawal of Licensing Authority Responsible Authority’s Objection.

The Clerk informed the hearing that the Licensing Authority Responsible Authority had withdrawn their objection to the application.

There was none.

To note the terms of reference for Licensing Panels.

RESOLVED –

THAT the terms of reference be noted.

To approve the minutes of the meeting held on 4 April 2024.

RESOLVED –

THAT the minutes of the meeting held on 4 April 2024 be approved and signed as a correct record.

Report of the Executive Director Supporting Communities

This is an application to vary a premises licence under section 34 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application to vary a premises licensing under Section 34 of the Licensing Act 2003.

The Licensing Officer summarised the report highlighting that the application was for the extension of hours for Licensable Activities as detailed in the report:

She informed the Panel that following:

·       Representations made by the Police Responsible Authority, the application had been amended to include a condition proposed by the Police stipulating that: ‘the consumption of alcohol on the premises shall cease 30 minutes after the permitted hours for the sale of alcohol and such consumption shall not recommence until the permitted hours for the sale of alcohol recommence’.

·       The inclusion of this condition on the application, the Police Responsible Authority withdrew their objection. Also, after engaging in discussions with the applicant, the Licensing Authority Responsible Authority also withdrew their objection. The remaining objection to the application was from the Charlotte Street Association.

She also informed the Panel of an error in the report, clarifying that the application did indeed include women’s safety principles.

Mr Clive Hendersen, objecting interested party representing the Charlotte Street Association, summarised their representation included within the main agenda (pages 376-379). stating that the Association strongly objected to the proposed extended hours, the existing hours were already well beyond the Council’s framework hours and the proposal to extend the hours the premises were operating would lead to public nuisance and a detrimental effect on the residential amenity of residents.

In response to questions, Mr Henderson provided the following information:

-       The Association considered a lot of applications, so did not realise that the proposed extended hours were the previous hours operated by the premises prior to the review of the venue’s premises licence.

-       Residents had been hesitant in objecting to licensing applications because they did not want to be considered as bad neighbours by the applicant.

-       A lot of residents were also not clear on how to make an objection on a licensing application to the Council.

Philip Kolvin KC barrister, representing the applicant, accompanied by Marcus Lavell (Barrister), Mr Alex Karageorgis – Managing Director, Mr Kerry Giggs Karageorgis – Owner/Director and Mr Richard Bunch – Expert Witness, summarised their representation in support of the application. The following points were made:

-       The only Licensing objective engaged by this application was public nuisance. There was clear evidence that this premises would not cause public nuisance because the extended hours being sought by the applicant were those operated by the applicant for 15 out of the last 17 years.

-       There had been a review of the venue’s premises licence in 2011, resulting in the hours remaining the same but 31 new conditions were placed on the licence which were designed to protect against public nuisance.

-       In 2022 the licence was reviewed, the application was brought by the Police as a result of which a further 28 conditions were placed on the licence. Some of these  ...  view the full minutes text for item 9.

There was none.