Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings held under the Licensing Act 2003 and associated regulations be noted.

There were no apologies.

There were no declarations of interest.

Broadcasting of meeting

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 recorded and 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.”

Resolved Application

Members noted that Item 8 (Lebanese Grill) was resolved ahead of the meeting and was therefore withdrawn.

There were no notifications of urgent business.

To approve the minutes of the meetings held on 19^th January 2023 and 23^rd February 2023.

Consideration was given to minutes of the meetings held on 19^th January 2023 and 23^rd February 2023.

RESOLVED –

(i)              THAT the minutes of the meeting held on 19^th January 2023 be approved and signed as a correct record;

(ii)             THAT the minutes of the meeting held on 23^rd February 2023 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 introduced the report and the supplementary agenda. She explained that, subsequent to the dispatch of papers, negotiations had taken place between the Applicant and Responsible Authorities, and the Responsible Authorities had withdrawn their objections. Conditions had been agreed between the Applicant and the three Responsible Authorities (the Police, Environmental Health and the Licensing Authority) which had made representations. 

The hours the premises was now asking for a variation for were: to permit the sale of alcohol from 10.00 to 01.15 from Thursdays to Saturdays; late night refreshment from 23.00 to 02.00 Thursdays to Saturdays; and opening hours to be 10.00 to 02.00 from Thursdays to Saturdays.

Chris Rees-Gay, the Applicant’s Representative, confirmed that these hours were now the ones being requested and that conditions had been agreed with the Responsible Authorities. A Member asked Mr Rees-Gay why the Applicant was asking for condition 16 on the old licence to be removed. He said that this was to remove a 1964 Licensing Act condition to ‘tidy up’ the licence.

The Panel heard from three Interested Parties, Daniel Harris, Pasquale Pedata and Clive Henderson. Mr Harris was a director of Rathbone Hotel, Mr Pedata was a representative of Lancaster Court, and Mr Henderson was a representative of the Covent Garden Community Association (CGCA). The Interested Parties made the following points in their submissions:

·       There had been instances of disturbances which had caused disruption to Rathbone Hotel guests;

·       Two hundred customers could be vacating the premises at one time and this would cause noise and congestion as they left;

·       A limit of 8 for smokers gathering outside was requested;

·       Mr Harris suggested that there be an SIA door supervisor or other member of staff on duty from 11pm to enable the monitoring of the behaviour of patrons and to control ingress and egress;

·       Mr Pedata said that public nuisance had been caused to Lancaster Court residents by the premises;

·       He also said that there had been occasions where he believed they had operated beyond their permitted hours;

·       Concern was voiced that the premises was too close to residential buildings;

·       Mr Henderson voiced disappointment that the Responsible Authorities had withdrawn their representations and said that Police representation had been phrased informally in an email rather than as a formal letter;

·       He also said that it would be better for residents if the premises was limited to framework hours.

Members asked the Interested Parties whether complaints had been submitted about noise and disturbance from the premises. Mr Harris said two complaints had been made when the premises had held events under a Temporary Event Notice (TEN). He said that in addition to noise, there had been fighting and vomiting and some patrons had sat on the hotel’s plants.

Mr Pedata said he had also attempted to lodge a complaint about public nuisance from the  ...  view the full minutes text for item 7.

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 item was withdrawn.

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 4^th May 2023 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).