Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be agreed.

Apologies for absence were received from Councillor Matthew Kirk. It was noted that the Panel was quorate with two Members present.

There were no declarations of interest.

Broadcast of the 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, 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.

Other announcements

The Chair announced that Item 8 (Basement and Premises at Rear and Ground Floor, 114-118 Southampton Row) had been resolved and so would not need to be heard by the Panel. He also announced that Item 9 (Change of DPS for Elysee Restaurant) would be postponed to a future date.

There were no notifications of items of urgent business.

To approve the minutes of the meeting held on 15^th November 2022.

Consideration was given to the minutes of the meeting held on 15^th November 2022.

RESOLVED –

THAT the minutes be approved and signed as a correct record.

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 introduced the report and explained that the premises was located in a Cumulative Impact Policy Area. She said there had been negotiations between the Applicant and the Environmental Health Responsible Authority and, as conditions had been agreed between them, Environmental Health had withdrawn their representation.

The Applicant’s Representative, Andrew Woods, clarified that the application would be amended to remove ‘off sales’. This would mean that the application would no longer engage the Hours Policy, as the hours requested for ‘on sales’ were within framework hours.

The representative from the Licensing Authority Responsible Authority, Dennis Viechweg, spoke to his representation. Mr Viechweg highlighted that the premises was in the Camden Town Cumulative Impact Policy Area and there was a rebuttable presumption to refuse new and variation applications in the area.

The meeting heard from four Interested Parties: Simon Foster, Nicholas Ayre, Mary Burd and John Neve. The Interested Parties made the following points in their submissions:

·         The portion of Parkway the premises was located in was primarily residential;

·         There were already a large number of licenced premises in the Cumulative Impact Area;

·         The application was very similar to one which had come before a Licensing Panel in September;

·         The surface area of the kitchen was only about 5% of the area of the premises, meaning that only a limited range of food could be produced on-site, and that the premises could therefore not be “food-led”;

·         Public nuisance would be caused by patrons entering and exiting the premises, particularly if they were then going on to other pubs and bars in the vicinity. There was also a risk of increased crime and disorder. 

The Applicant’s Representative, Mr Woods, presented his client’s case and called Tom Blackshaw and Alvaro Odeh as witnesses. The key points Mr Woods made in his submission were:

·         The premises should be considered an exception to the presumption to refuse new applications as it would be relatively small and food-led.

·         The premises would have about 40 covers and diners would only be served alcohol with a table meal.

·         The application differed from the one made in September as additional conditions had been offered and agreed with the Environmental Health Responsible Authority.

·         No representations had been made by the Police regarding any concerns they had about potential crime and disorder.

Tom Blackshaw addressed the Panel. He said he was acting as a consultant sushi chef for the premises and operated his own restaurant in Brixton and was opening a new one in Shoreditch.

Mr Blackshaw said that, given the nature of sushi preparation, cooking equipment such as fryers and hobs would not be required. Food could be warmed using a rice cooker. As such, a relatively small kitchen area would be able to produce substantial meals, particularly as it would be on two floors with some food preparation being  ...  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.

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.

This item was postponed to a future Licensing Panel meeting.

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 20^th December 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).