Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be agreed.

There were no apologies.

There were no declarations of interest.

The Chair made the following announcement: “In addition to the rights by law that the public and press had to record this meeting, he would like to remind everyone that this meeting was being recorded and broadcast live by the Council to the Internet and could be viewed on the Council’s website for six months after the meeting. After that time, webcasts were archived and could be made available upon request.

If you had asked to address the meeting, you were 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.”

The Chair further announced:

That Item 9, Elysee Restaurant, had been resolved ahead of the hearing and therefore would not be considered at the hearing.

Since the publication of the agenda, there had been 1 supplementary agenda published:

Supplementary Agenda 1 - in relation to item 7, Forge and Foundry – additional information submitted by the applicant.

Item 8, Savemore Supermarket – additional information provided by the Premises Licence holder.

There were no notifications of items of urgent business.

To approve the minutes of the meeting held on 20^th December 2022.

Consideration was given to the minutes of the meeting held on 20^th December 2022.

RESOLVED –

THAT the minutes 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 the 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 introduced the report and explained that the premises was located in the Camden Town Cumulative Impact Policy Area where there was a presumption to refuse all new or variation licensing applications. However, the presumption was rebuttable. Further the hours policy was engaged by the application in relation to the proposed times for licensable activities.

The application was for a variation to the hours permitted for existing licensable activity including the supply of alcohol for consumption on and off the premises and regulated entertainment, as highlighted on page 61 of the agenda. There were no changes sought to the existing opening hours or seasonal variations.

The Responsible Authorities - Licensing Authority, Environmental Health and Police had all objected to the variation application. In addition, 2 resident associations and 44 local residents opposed the application. The licensing objectives engaged by the application were the prevention of crime and disorder, the prevention of public nuisance, public safety and protection of children from harm.

The Applicant’s Representative, Andrew Woods, requested an amendment to the application as follows: 

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

i)      10:00am to 11pm on Sunday (reduced from 10.00am to midnight), and

 ii)  10.00am to 1.00am Monday and Tuesday (reduced from 10.00am to 2.00am)

The representative from the Licensing Authority Responsible Authority, Paru Bhudia, summarised her representation found on pages 96-104 of the agenda. In addition, she highlighted that:

·       The premises operated as a restaurant and music venue located in a mixed residential and commercial area.

·       Camden Town was a lively and busy night life area which also generated a great deal of issues and there was concern that the applicant had sought to extend the hours for all licensable activities.

·       This would generate the lingering of patrons after pubs and bars had closed.

·       The patrons visiting these premises in the early morning intoxicated would be difficult to manage.

·       There had been a number of Temporary Event Notice (TEN) events organised by the venue which had generated a number of complaints from local residents.

·       There had been a meeting with the applicant, Licensing Authority Enforcement and Environmental Health Responsible Authorities to address the concerns generated from the complaints.

·       Although the applicant had appeared to be keen to adopt the suggested conditions and recommendations there had been no further engagement from the applicant after the initial meeting.

·       There were two other premises in the immediate vicinity which were open at the weekends till 2.00am and 4.00am respectively. Although this premises was proposing to close at 3.00am at weekends and there was a staggering of closing times, the fact that the premises were in close proximity to each other could potentially add extra pressure to the cumulative impact area.

·       It was noted that the applicant had indicated that this was the only LGBTQ+ venue in the area, commenting that,  ...  view the full minutes text for item 7.

Report of the Executive Director Supporting Communities

This is an application to review a premises licence under section 51 of the Licensing Act 2003

Consideration was given to a report of the Executive Director Supporting Communities regarding an application to review a premises licence under Section 51 of the Licensing Act 2003.

The Chair outlined the procedures to be followed for the review of the premises licence.

The Licensing Officer introduced the report and clarified that any decision made by the Panel – would only be implemented after the period to lodge an appeal had passed. She explained that the application to review the licence had been lodged by Trading Standards Responsible Authority and that the Metropolitan Police, Responsible Authority had also made a representation.

Peter Agbley, Trading Standards Officer highlighted a correction to be made to his statement on page 277 of the agenda. The test purchase was carried out on 26^th March 2022 not 6^th March. He also pointed out that conditions referred to in the application were conditions taken from the old licence, which were condition 20 and 21 from the new licence which could be found on page 311 of the agenda.

The Licensing Officer informed the Panel that as part of the ongoing commitment to protect young people from harm over the past 12 months, Trading Standards had conducted 4 test purchases of tobacco by underage volunteers. Details of which could be found on pages 275-308 of the agenda.

Trading standards was applying to revoke the premises licence due to the serious failings in promoting the licensing objectives, sale of tobacco to a 16-year-old and the persistent breach of the licence conditions. The Licensing Officer explained that the licensing objective engaged was:

·       The protection of children from harm.

The following submissions were made in support of the application to revoke the premises licence.

·       The Trading Standard service had a responsibility to ensure businesses trading in the borough of Camden complied with relevant legislation regarding the sale of age restricted products to young people.

·       As part of regulatory and compliance responsibilities Trading Standard Officers from time to time carried out test purchases across the borough where premises were visited by underage volunteers under the direction of an authorised officer.

·       Tests were usually undertaken where intelligence had indicated that a retailer had either sold or previously sold age restricted products to a minor or were in a hotspot area.

·       On 26^th March 2022 a test purchase was carried out and a packet of Benson and Hedges was sold to the 16-year-old volunteer by a member of staff of Savemore Supermarket.

·       There had been issues previously with the premises on 19th November 2021 there was a complaint regarding underage sale of tobacco and on 29^th November 2021 there were issues with regards to the sale of single cigarettes. These issues had previously been brought to the attention of the licence owner.

·       There were other instances of sale of tobacco to minors on 15^th October 2022.

·       The Trading Standard Officer advised that it was an offence for any person to sell  tobacco products including cigarettes to a  ...  view the full minutes text for item 8.

Report of the Executive Director, Supporting Communities.

This is an application to vary the designated premises supervisor in respect of Elysee Restaurant, 13 Percy Street, London, W1T 1DP in accordance with Section 37 of the Licensing Act 2003.

The item had been resolved ahead of the hearing.

There was none.