Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance be agreed.

There were no apologies.

For reasons of transparency, Councillor Simpson declared that he had met one of the people involved in the Forge and Foundry application (Item 7) in a different capacity relating to an Inverness Street venue. He had not discussed the Forge and Foundry application with him.

Broadcasting of meeting

The Chair announced: “In addition to the rights by law that the public and press have to record this meeting, 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 address the meeting, you are deemed to consent 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.”

Kiss The Sky, 11-13 Camden High Street, London, NW1 7JE

REASON FOR URGENCY

Following an application received from the Metropolitan Police responsible authority the Licensing Authority imposed Interim steps to suspend the premises licence on 21st November 2023. The Licence Holder was notified of this decision in writing on 27th November 2023. On the 28th November 2023 the Licence Holder has made representations against the interim steps imposed.

The Licence Holder can make representations against the interim steps under Section 53B and the Licensing Authority must within 48 hours of receipt of these representations hold a hearing in order to consider them. Due to these short timescales this item has been put forward as urgent so as to comply with the Licensing Act 2003 and the regulations that accompany it.

Kiss The Sky, 11-13 Camden High Street, London NW1 7JE

The meeting was notified that there would be an item of urgent business relating to Kiss The Sky, located at 11-13 Camden High Street, London NW1 7JE.

REASON FOR URGENCY

Following an application received from the Metropolitan Police responsible authority the Licensing Authority imposed Interim steps to suspend the premises licence on 21st November 2023. The Licence Holder was notified of this decision in writing on 27th November 2023. On the 28th November 2023 the Licence Holder made representations against the interim steps imposed.

The Licence Holder can make representations against the interim steps under Section 53B and the Licensing Authority must within 48 hours of receipt of these representations hold a hearing in order to consider them. Due to these short timescales this item has been put forward as urgent so as to comply with the Licensing Act 2003 and the regulations that accompany it.

To approve the minutes of the meeting held on 26^th October 2023 be approved and signed as a correct record.

Consideration was given to the minutes of the meeting held on 26^th October 2023.

RESOLVED –

THAT the minutes of the meeting held on 26^th October 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 and to the documents in the supplementary agenda.

The Licensing Officer introduced the report and explained that the premises was seeking to remove Condition 12 from its licence which was a table meal/restaurant condition which had been imposed at the 19 January 2023 Licensing Panel meeting when variations to its licence (PREM-LIC\3021) were agreed. The premises was located in Camden Town cumulative impact area, where there was a rebuttable presumption to refuse all new and variation applications. In response to questions, it was clarified that the premises currently operated under the old conditions of its licence, not the ones that had been attached to the licence at the 19 January variation hearing. 

The Applicant’s Representative, Andrew Woods, confirmed that he had no amendments to the Application.

The Licensing Authority Responsible Authority representative, Esther Jones, spoke to her representation and her key points were:

·       The premises could not use the extra hours granted on its licence at the 19 January hearing at the moment as Condition 109 stated that the variations could not come into effect unless the Licence Holder could confirm in writing that all conditions had been complied with. No confirmation had yet been received.

·       The premises was thus seeking to vary a licence that had was not currently in use in its current form.

·       There had been complaints received regarding noise, the most recent in September 2023.

·       The premises was located in a cumulative impact Special Policy Area.

Mr Woods asked questions of the Licensing Authority to clarify that there had been a discussion in June 2023 between the Authority and the Applicant to discuss noise complaints and that there had been no complaints since the September 2023 one.

The Police Responsible Authority representative, PC Chris Malone, made the following points in his submission:

·       Removal of Condition 12 would turn the premises into an alcohol-led venue.

·       The Police had objected to the granting of the variation to PREM-LIC\3021 at the 19 January meeting due to their concerns about crime and disorder in the Camden Town area.

·       He was of the view the dispersal policy was ‘too generic’ and did not relate sufficiently to the area the premises was in.

Members and the Applicant’s Representative asked questions about the Police visit to the premises on 17 June 2023. In response, PC Malone confirmed that they had not identified any matters of concern on that visit.

The Panel heard from four Interested Parties: Councillor Richard Cotton, Councillor Pat Callaghan, Kate Gemmell, and Alexandra Janocha. The points made in their submissions included:

·       This application had more representations against it from local residents than most other applications did.

·       Those signing the petition in support or sending letters in support were not local residents and so were not affected by public nuisance caused by the premises.

·       Delancey Street was a residential street and residents’  ...  view the full minutes text for item 7.

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.

Given that the meeting had to finish at 10.30pm in accordance with standing orders, the Chair asked Members and the Parties present whether they wished to postpone this item to a future meeting or to consider it in the time remaining. The Applicant stated that they wished the item to be considered this evening and had no objection to the reduced hearing time because the issue was very narrow and members had read the papers. The Panel agreed this request.

As Members had read the written report prior to the meeting, they waived the Licensing Officer’s verbal presentation in the interest of time.

The Licensing Authority Responsible Authority representative stated that they were making a representation as the premises was located in the  Camden Town  cumulative impact area and there was a presumption to refuse all variations to an existing licence in the area.

The Interested Party, Kate Gemmell, made the following points in her submission:

·       Later hours for late night refreshment would mean more people would be in the area later at night, and this would add to congestion and public nuisance in the area. 

·       The presence of more delivery drivers during the period 2am to 3am when food would only be available via delivery could cause problems due to noise nuisance and because there were no toilet facilities for them.

The Applicant’s Representative, Walaiti Rathore, made the following points in his submission:

·       The application was for late night refreshment, not for alcohol or for music. This was therefore a “lower risk” activity than others.

·       Having food service outlets closing at different times encouraged staggered departures from the area and avoided congestion caused by large numbers of people leaving at one time.

·       There had been no complaints relating to the premises which already operated beyond the council’s framework hours.

·       They had engaged with the Responsible Authorities and Interested Party when making the application.

·       The Applicant was a reputable firm which had about 160 outlets nationwide.

Members asked how deliveries would be made from the premises to customers, and were informed that Papa John’s used a third-party delivery firm.

Closing remarks were made by all Parties.

Deliberation and Reasons

Members noted that there was a danger of noise nuisance from delivery drivers travelling to and from the premises. As electric bikes would cause less noise than motorbikes, it was agreed that a condition be imposed to state that there would be no deliveries by motorised vehicles (other than electric vehicles) after 11pm.

The Panel agreed that, subject to the imposition of this condition, the variation application be granted. They were of the view that granting the application subject to the offered conditions and the electric bike condition would uphold the licensing objectives and not add to cumulative impact in the area.

RESOLVED –

(i)              THAT the licence variation be granted as  ...  view the full minutes text for item 8.

Kiss The Sky, 11-13 Camden High Street, London, NW1 7JE

Report of the Executive Director, Supporting Communities.

This report is to consider a Licence Holder’s representation to interim steps taken by the Licensing Authority in relation to a summary review of a premises licence under Section 53A of the Licensing Act 2003.

REASON FOR URGENCY

Following an application received from the Metropolitan Police responsible authority the Licensing Authority imposed Interim steps to suspend the premises licence on 21st November 2023. The Licence Holder was notified of this decision in writing on 27th November 2023. On the 28th November 2023 the Licence Holder has made representations against the interim steps imposed.

The Licence Holder can make representations against the interim steps under Section 53B and the Licensing Authority must within 48 hours of receipt of these representations hold a hearing in order to consider them. Due to these short timescales this item has been put forward as urgent so as to comply with the Licensing Act 2003 and the regulations that accompany it.

Kiss The Sky, 11-13 Camden High Street, London, NW1 7JE

REASON FOR URGENCY

Following an application received from the Metropolitan Police responsible authority the Licensing Authority imposed Interim steps to suspend the premises licence on 21st November 2023. The Licence Holder was notified of this decision in writing on 27th November 2023. On the 28th November 2023 the Licence Holder has made representations against the interim steps imposed.

The Licence Holder can make representations against the interim steps under Section 53B and the Licensing Authority must within 48 hours of receipt of these representations hold a hearing in order to consider them. Due to these short timescales this item has been put forward as urgent so as to comply with the Licensing Act 2003 and the regulations that accompany it.

In light of the fact that this matter relates to the prevention, investigation and prosecution of crime, the Police requested that this matter be heard in private. The Panel agreed to this request and passed the following resolution:

RESOLVED –

THAT the press and public be excluded from the proceedings of the Licensing Panel on 30^th November 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 5 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

Consideration was given to a report of the Executive Director, Supporting Communities relating to a Licence Holder’s representation to interim steps taken by the Licensing Authority in relation to a summary review of a premises licence under Section 53A of the Licensing Act 2003.

Deliberation and Reasons

Having heard submissions from both parties, Members were of the view that it was appropriate to continue the suspension of the premises licence until the full review hearing. This was necessary to uphold the licensing objective of the prevention of serious crime or disorder.

Part I

Members returned to public session and announced that they had agreed to continue with the suspension of the licence.

RESOLVED –

THAT the premises licence for Kiss The Sky continued to be suspended pending a full review hearing. This was an appropriate step to take in order to uphold the licensing objective of the prevention of serious crime or disorder.

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 30^th November 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).