Agenda and minutes

RESOLVED –

THAT Councillor Sharon Hardwick be elected Chair of Licensing Panel A for this meeting only.

To agree the procedure rules for remote meetings.

RESOLVED -

THAT the guidance be agreed.

Apologies had been received from Councillor Miah; Councillor Ball was in attendance as substitute.

Councillor Pat Callaghan declared that in relation to item 9 (Hawley Wharf Market Place) she had communication with the applicant’s legal representative about the number of events that were taking place at the premises and was also the ward Councillor for the area and was of the view that she should not take part in considering and decision of the application.

In light of Councillor Callaghan’s declaration, Councillor’s Hardwick and Ball were of the view that although the hearing would be quorate with 2 members, the Hawley Wharf application was an intricate case and they would prefer for this application to be considered by 3 members rather than 2 and would adjourn the Hawley Wharf licensing application to a later date with 3 Councillors present to decide the application. A date to consider the Hawley Wharf application would be agreed between the Licensing Officer and the applicant outside of the hearing.

The applicant’s representative was happy for the Hawley Wharf application to be adjourned thanking the Panel for the declaration.

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.

Application Withdrawn

The Chair also announced that the applicant had withdrawn the Prince of Wales variation application after the agenda was published, so therefore that item will not be considered today and for the reasons given in item 3 above the Hawley Wharf application had been adjourned to be considered at a future date.

Additional documentation

Three Supplementary Agendas had been published.

Supplementary agenda 1 was published on Friday 29^th November and contained information on the

• K Club application – correcting an error in the Licensing Authority Responsible Authority’s representation; and
• In relation to the Hawley Wharf application – additional information provided by the applicant.

Supplementary Agenda 2 was published on Tuesday 3^rd December and contained additional information from Convent Garden Community Association in relation to the K Club application.

Supplementary Agenda 3 was published today 5^th December – It related to the K Club application and conditions the applicant had agreed with the Police as a result of which the Police had withdrawn their representation in relation to this application.

There was none.

To approve the minutes of the meeting held on 26^th September 2024.

RESOLVED –

THAT the minutes of the meeting held on 26 September 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.

The applicant had withdrawn this application.

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 the report of the Executive Director Supporting Communities detailing the application to vary a premises licence under Section 34 of the Licensing Act 2003.

Samina Khan, Licensing Officer, summarised the report and confirmed that the application was for variation in 3 stages. The first related to changing the layout of the licensable area, opening for licensable activities on Sundays and changing the hours for licensable activities Monday to Saturday.

For supply of alcohol on the premises the applicant had requested Monday to Saturday 2pm to 3.00am, Sunday 5pm to midnight. Recorded music, live music performance of dance and films Monday to Saturday 2pm to 3am, Sunday 5pm to midnight, late night refreshments 11pm to 3am Monday to Saturday and 11pm to midnight on Sunday. Removal of conditions 25 and 18 from the original premises licence which the Police had agreed to.

The police had agreed conditions with the applicant and withdrawn their representation. There were now eight relevant representations opposing the application 6 of which were from residents including the Covent Garden Community Association and 2 from Licensing Authority and the Public Health Responsible Authorities. The premises was situated in the Seven Dials Covent Garden cumulative impact policy area where there was a presumption to refuse all new or variation applications. The hours policy was also engaged by the application in relation to the proposed start times and end times of licensable activities. The licensing objectives engaged by the application were the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm.

Brendan Herbert, representing the applicant, invited to comment on whether there were any amendments to the application, clarified that the premises was formally a sexual entertainment venue but had now changed in operation to a karaoke lounge. The applicant had originally applied to extend the closing time to 5.00am but following consultation and feedback from residents and the Police the extension beyond 3.00am was no longer being sought.

The applicant was now only seeking earlier opening hours Monday to Saturday and on Sunday 5pm to midnight. There were additional applications to vary the plan, the premises and to remove certain conditions which were no longer relevant because they related to its operation as a sexual entertainment venue.

Responding to a question from Interested party David Kaner on whether the proposed condition around last entry had been agreed to, the applicant’s representative said that although it was put forward as a suggestion the applicant had not agreed to this as a condition.

Peter Agbley, representing the Licensing Responsible Authority, summarised the Licensing Authority representation which could be found in Supplementary Agenda 1 pages 5-7. He explained that the representation in Supplementary Agenda 1 was a minor correction to the representation in the main agenda. The objection to the application was on two grounds, the premises was situated in a cumulative impact policy area and it breached the Council’s framework policy hours.

Responding to a members  ...  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.

This application was withdrawn for the reasons given in item 3 above.

There was none.

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 5^th December2024 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).

There was none.