Agenda and minutes

To note the guidance on remote hearings held under the Licensing Act 2003 and associated regulations.

RESOLVED –

THAT the guidance on remote meetings be agreed.

Apologies for absence were received from Councillor Pat Callaghan, who was substituted for by Councillor Richard Cotton.

For reasons of transparency, Councillor Cotton declared that he had been copied into some of the email representations objecting to the German Doner Kebab application. However, he had not replied or engaged in any discussion of the application and did not have a pecuniary or non-pecuniary interest in the matter, and so would be participating in the consideration of the item.

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, recordings 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. If you are addressing the committee your contribution will be recorded and broadcast.’

There were no notifications of any items of urgent business.

To approve the minutes of the meetings held on 11^th March, 27^th May and 1^st July 2021.

Consideration of the minutes of the meetings held on 11^th March, 27^th May and 1^st July were deferred to a future meeting.

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.

The Licensing Officer summarised the report. He highlighted that the premises was requesting recorded music and late night refreshment in its application. The premises was located in the Seven Dials cumulative impact policy area, where there was a rebuttable presumption to refuse new and variation applications.

The Applicant’s Representative confirmed that there were no amendments to the application.

The Responsible Authorities addressed the meeting. PC Joel Francis spoke on behalf of the Metropolitan Police Service and highlighted a number of recent crimes which had occurred in the vicinity of the premises. PC Francis said that premises that were open for late night refreshment would attract more people to the area and delay their departure as customers ordered and consumed their food. This higher footfall meant that there was a risk of ‘flashpoints’ for crime in the area. There was a risk to patrons, particularly if intoxicated from drinking earlier in the evening, being more likely to be the perpetrators or the victims of crime. 

Dennis Viechweg addressed the Panel on behalf of the Licensing Authority Responsible Authority. He emphasised that the premises were seeking to open later than framework hours and that there was a presumption to refuse new applications in a cumulative impact area.

Members asked questions of the Police Responsible Authority. In response to the questions, PC Francis said that the service of food during the late hours proposed by the Applicant would result in people staying longer in the vicinity and, while they were there, they could become the victim of crime or engage in criminal behaviour themselves, particularly when under the influence of alcohol which they may have consumed elsewhere from other licensed premises nearby. He said that he was of the view that licensed premises selling alcohol were larger drivers of crime and disorder in the area than ‘fast food’ restaurants, but that crime and disorder did occur in and outside of such restaurants.

The Applicant’s Representative, David Dadds, was given the opportunity to ask questions of Responsible Authorities. Mr Dadds asked about whether the recent crimes outlined in PC Francis’ statement had involved customers of ‘fast food’ premises. PC Francis said that he was not sure about some of the cases, but one incident had involved racist and homophobic abuse between customers in a quick service restaurant.

Mr Dadds asked PC Francis’ opinion on the crime and disorder impact of takeaway delivery services. PC Francis did not consider that they were a driver of crime and disorder to any notable degree.

The Interested Parties were given the opportunity to question the Responsible Authorities. David Kaner queried the hours of the licence for the McDonald’s premises nearby. Licensing Officers said that there were two licences for the premises: one which was held by the freeholder for the premises as a form of shadow licence which was  ...  view the full minutes text for item 7.

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 14^th October 2021 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).