Agenda and minutes

To elect a Chair of the Panel for the 2022-2023 Municipal Year.

The Committee Clerk conducted the election of chair of Licensing Panel C for the municipal year 2022/23.

Councillor Matthew Kirk proposed and Councillor Pat Callaghan Seconded the appointment of Councillor Jonathan Simpson.

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be agreed.

Apologies were received from Councillor Sylvia McNamara.

There were no declarations.

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.

Supplementary Agendas

The Chair stated that two supplementary agendas had been published since the initial agenda publication in relation to Items 9, containing proposed additional conditions, and 10, containing a written statement from the Agent.

There were no urgent items.

To note the Terms of Reference of the Licensing Panel.

RESOLVED

THAT the terms of reference be noted.

To approve the minutes of the meeting held on 19 April 2022.

RESOLVED

THAT the minutes of the meeting held on 19 April 2022 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 licence under section 34 of the Licensing Act 2003.

The Licensing Officer  presented the report, and stated that the Applicant had proposed to further  amend the condition as listed in the agenda to:

-       remove condition 19 ‘After 21:00 the sale of alcohol for consumption on the premises shall be ancillary to food’.

-       amend condition 44 to ‘waiter and waitress service shall be available throughout the premises’.

The Licensing Officer also noted that the Police responsible authority and the Environmental Health responsible authority had withdrawn their representations because they were satisfied with the amended proposals.

The Licensing Authority responsible authority  outlined their written representation. In response  to a Panel member for clarification,  it was stated that the premises were applying for hours beyond  framework hours and were situated within the Cumulative Impact Area (CIA), therefore the Licensing Policy presumption was the application should be refused in its entirety, although the presumption was rebuttable.

The interested party a local resident  read out a statement. In addition to the written representation,  they highlighted:

-       There was a request to make deliveries available throughout the night between 9.00pm-7.30am, which would cause additional disturbance to residents; and

-       There was an obligation within the lease rental agreement for tenants to respect the residents of the adjourning properties and neighbours. She asked how they would achieve this for tenants with the movement of clients between the bar and their rooms.

-        

In response to a question from a Panel Members , the resident highlighted that there had been no complaints in the past two years because the premises area was a construction site and most of the apartments were not yet renovated with only a few in operation.

The solicitor for  the Applicant  was accompanied by the Applicants . The solicitor  summarised the application and highlighted the following:

-       The Applicants were experienced operators of hotels and serviced apartments. They were accustomed to the situation where there was a public bar and then asking residents to leave.

-       Residents of the hotel had key cards.

-       There was also a ground floor concierge desk.

-       She clarified they were seeking to effectively relocate the 24 hour use from the neighbouring premises licence , 4 Flitcroft Street, to this premises. They saw it as a positive step.

-       The reason for the amendment of conditions 19: to allow more flexible use of the space and food would be available at all times.

-       The reason for the amendment of conditions 44: there was counter seating available, so instead of those clients calling a staff to wait on them they were able to order at the bar.

-       They had commissioned a sound consultant to carry out  a report on the premises (seen by Environmental Health), and if permission was granted for live and recorded music, sound attenuation works would be undertaken on the  ...  view the full minutes text for item 9.

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  outlined the report. Following representations made by the Police responsible authority and the Licensing Authority responsible authority, the application had been amended to include conditions agreed with those responsible authorities within Appendix 4.

There were no responsible authorities representations. There were no interest parties who registered to speak at the hearing however their representations were read by the Panel Members and taken into account when considering the application

The representative of the Applicant  outlined the application. In addition, she highlighted the premises was a small family oriented restaurant with 26 seats.

Decision and Reasons

In deliberation, Panel Members noted that the Applicant had engaged closely with the Police in putting conditions in place to mitigate crime and disorder.

It was clarified by the Chair that Planning and Licensing were separate regimes. Any planning issues should be resolved  in-line with the relevant planning procedures.

RESOLVED –

THAT the application for a new premises licence be granted with the following conditions:

a)    Supply of Alcohol (For consumption on and off the premises)

11:00 – 22:30 Monday to Sunday

b)    Opening hours

07:00 – 23:00 Monday to Sunday

Officers’ summary of conditions consistent with the operating schedule

1.          The premises licence holder, DPS, management and staff will constantly assess any risks to the licensing objectives. They will work in partnership with the authorities and local people alike in this respect.

2.          The staff will be properly authorised, equipped, trained and motivated in this task.

3.          There will be a written notice of ‘authority’ record for all staff who sell alcohol

4.          Comprehensive training for staff in the main requirements of the Licensing Act 2003, the specific measures and conditions in place to promote the Licensing Objectives and the staff roles and responsibilities. Such records shall be available for inspection by the responsible authorities and be retained at the premises for 6 months.

5.          Contact details of the Designated Premises Supervisor or nominated adult representative shall at all times be available to staff, the authorities and local residents.

6.          The sale of alcohol shall be ancillary to and dependent upon the supply of food.

7.          FOR DELIVERIES: Deliveries shall only be made to prearranged postal addresses (not to open spaces).

8.          A clear document trail shall be maintained of the order process from order, despatch from the licensed premises and delivery to the customer and available for inspection by an authorised officer.

9.          There shall be strict terms and conditions emphasising the right to and the duty to refuse alcohol sales or supplies where there are concerns over age, drunkenness or the vulnerability of customers, which shall be included in promotional material, on the website and through staff training.

10.      When the delivery person is employed directly by the Premises Licence Holder, a register of staff details must be kept  ...  view the full minutes text for item 10.

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 outlined the report.

The Applicant formally amended the application for the opening hours and the supply of alcohol to be between 8.00pm – 4.00am, Monday to Sunday.

The Police responsible authority outlined his written representation. He stated that the Applicant offered minimal proposals to mitigate crime and disorder. In response to questions from Panel Members, it was clarified that the area was densely populated with families, young people and also a notable prevalence in homeless people living on the streets. These groups who would all be negatively impacted by this licence if granted.

The Licensing Authority responsible authority outlined their written representation. In response to questions from Panel Members, it was clarified that the proposed Condition 12 was not accepted by the Applicant, reading: ‘Off Sales and delivery of alcohol shall be limited to 08:00 until 23:00 on Mondays to Saturdays and 10:00 until 22:30 on Sundays’.

A Panel Member stated that there were a significant number of 24 hour alcohol delivery services operating in London, and added that surrounding boroughs may be supplying Camden residents. He asked both responsible authorised if the conditions they proposed were in-line with industry standards. The following was discussed:

-       The Licensing Authority responded that they were and that the number of delivery services operating had increased during the pandemic. Camden Licensing Authority had adapted their conditions and worked with each premises accordingly, however there were no licences agreed in Camden for 24 hours and all had been granted at framework hours. This was due to surrounding residential properties at high risk of significant noise disturbance.

-       A Panel Member asked if the conditions proposed were in-line with other London boroughs for similar delivery services. It was confirmed that there was no consistent Pan-London policy in place with 24 hour alcohol delivery operations. The Police said they did not know how other boroughs were operating their policy on this matter.

-       The Legal Officer noted that other borough policies were not for consideration and only for the Panel to have knowledge of, the application should be considered on its own merits.

The Applicant outlined his application. In addition he highlighted he had three other similar licenses in other boroughs, from where he did deliver to Camden currently. These deliveries took over 15 minutes. If the application was granted in Camden, he would be able to deliver a better service. He stated that all drivers verified the age of clients by checking identification on the doorstep.

In response to questions from Panel Members to the Applicant, the following was clarified:

-       In relation to how noise would be managed from vehicles waiting for an order within the residential area, the Applicant stated that the vehicles would only be in use one an order was received.

-       The Applicant stated that he was not familiar  ...  view the full minutes text for item 11.

There was no other urgent business