Agenda and minutes

To agree the guidance for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be agreed.

There were no apologies.

There were no declarations of interest.

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 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.’

Any other announcements

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.”

There were no notifications of any items of urgent business.

Report of the Executive Director, Supporting Communities.

Members are required to conclude their determination of an application made by the Metropolitan Police to review the premises licence for premises known as Elysee Restaurant, situated at 13 Percy Street London W1T 1DT under section 53C of the Licensing Act 2003.

Following the summary review of a premises licence made by the Metropolitan Police (“the Police) under section 53C of the Licensing Act 2003 the Licensing Authority must within 28 days of receiving this application review the premises licence and reach a determination. A determination by the Licensing Authority must be made by 12^th October 2022 in order to comply with the statutory time limits.

Consideration was given to a report of the Executive Director, Supporting Communities regarding an application for the review of a premises licence under Section 53C of the Licensing Act 2003.

The Licensing Officer introduced the report and explained that Members were being asked to consider their options under Section 53D of the Licensing Act and whether the interim steps to suspend the premises licence following the decision made on 15^th September 2022 by Licensing Panel E should be continued, withdrawn or modified.

A request was made by the Metropolitan Police that the press and public be excluded from the meeting when this item was considered so as not to disclose  information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

The Panel then passed the following resolution at 6.15pm:

RESOLVED –

THAT the press and public be excluded from the proceedings of the Licensing Panel on 12^th October 2022 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 6 would be likely to lead to the disclosure of information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime by virtue of Category 7 of Schedule 12A of the Local Government Act 1972 (as amended).

Part II

The Panel heard from the representatives of the Police and of the Licence Holder.

Both parties also were excluded from the meeting from 6.50pm to 7.15pm to enable the Panel to take legal advice regarding the options available to them when considering interim steps. Both parties then re-joined the meeting.

Part I

The meeting returned to public session at 7.22pm.

Having heard from both parties, Members agreed that the suspension of the premises licence should continue for a further period of six weeks commencing from 4^th October 2022.

Members also considered whether any further modifications of the interim steps would be appropriate. In order to uphold the licensing objectives, they decided that the interim steps would be modified to reduce the hours of operation to framework hours and to impose the conditions agreed at the 4^th October 2022 Licensing Panel B meeting. For clarification they agreed that the SIA door supervisor condition should only apply from 9pm until the premises closed. 

RESOLVED –

(i)            THAT the premises licence be suspended for six weeks to commence from 4^th October 2022;

Further, that the premises licence conditions be modified as follows:

(ii)          THAT the hours of operation be amended to:

             i.        Supply of Alcohol  ...  view the full minutes text for item 6.

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 12^th October 2022 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).

Or

Publicity in respect of item x would be likely to lead to the disclosure of Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime by virtue of Category 7 of Schedule 12A of the Local Government Act 1972 (as amended).