Agenda and minutes

To elect a Chair of Licensing Panel C for the 2024/25 municipal year.

A nomination for Chair was received and seconded for Councillor Simpson.

RESOLVED –

THAT Councillor Jonathan Simpson be elected as Chair for the 2024/25 municipal year.

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be noted.

An apology for absence was received from Councillor de Alya Parker. Councillor Miah attended the meeting as substitute.

Councillor Simpson declared for transparency that he knew the Night Czar, Amy Lamé, who was attending in support of the application in respect of Farsight Collective, he confirmed that he had not discussed the application with her.

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 twelve 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.’

Any other announcements

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 agenda

The Chair also announced that a supplementary agenda had been published, which contained documents in relation to both applications on the agenda.

Order of Agenda

The Chair also announced that there had been an amendment to the order of the agenda and the application in respect of Ning’s Fresh Beef Hotpot and Cantonese Sushami would be heard as the first substantive item. 

There was no urgent business.

To approve the minutes of the meeting held on 18 April 2024.

Consideration was given to the Minutes of the previous meeting.

RESOLVED –

That the Minutes be agreed and signed as an accurate record of the meeting that took place on 18 April 2024.

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 the report of the Executive Director Supporting Communities.

Samina Khan, Licensing Officer, summarised the report and confirmed that the application was for a premises in the Seven Dials Cumulative Impact Policy Area (CIA).

It was also confirmed that 172 relevant representations were received in relation to the application. 20 of the representations opposed the application, including representations from the Police Responsible Authority, Licensing Responsible Authority, and Public Health responsible authority. 152 representations supported the application.

Gary Grant, representing the applicant, confirmed that amended conditions had been agreed by the applicant and were set out in the agenda pack. 

Esther Jones, Licensing Team Leader, representing the Licensing Responsible Authority summarised their representation, objecting to the application, as set out in the agenda.

PC Joel Francis, representing the Police Responsible Authority, summarised their representation, objecting to the application, as set out in the agenda.

Responding to questions, PC Francis provided the following information:

• A terminal hour of 02:00hrs would be more appropriate for the premises, a view shared by the Licensing Responsible Authority.
• As the premises was not yet in operation, it was impossible to say whether there were any concerns about the venue and its operations. PC Francis did confirm, however, that the applicant had been very proactive in engaging with residents and addressing concerns.
• Sometimes conditions were not reassuring enough in respect of a new large premises especially those with vertical drinking and late hours.
• It may be more prudent to see how the premises operated before doing the late night, so it was the view of the Police Responsible Authority that the terminal hour should be 02:00hrs at first, then a later hour applied for after the premises had been operating a while, so that all parties could make valued judgment.
• St Giles Square had, historically, had challenges with crime and anti-social behaviour but explained that recent redevelopment in the area had meant the area had improved.

Amy Lamé (Night Czar), Niall Forde (Music Venues Trust), Jane Palm-Gold (neighbouring resident), and Michael Kill (Night-time industries Association) summarised their representations in support of the application, as set out in the agenda.

David Kaner, Covent Garden Community Association, Sarah Herriot, Richard Cohen, Ali Negyal, and Barbara Brekle (neighbouring residents) summarised their representations in objection to the application.

Responding to a question, David Kaner confirmed that the applicant had accepted conditions 47 and 53, as outlined in the agenda. However, the condition relating to change of change of ownership had not been formally agreed by the applicant.

Responding to a question about the dispersal hierarchy, David Kaner agreed that egress from the venue via the alley way would be more suitable, however there would be some nights that this was not possible due to events running at other venues in the area and was therefore not a satisfactory solution.

Responding to a question, Amy Lamé, Night Czar, explained that whilst the night tube was in operation at the weekend only, there was an extensive network of 24-hour bus  ...  view the full minutes text for item 8.

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 the report of the Executive Director Supporting Communities.

Samina Khan, Licensing Officer, summarised the report and confirmed that the application was not in a Cumulative Impact Policy Area (CIA). 

The Licensing Officer advised that following negotiation and compromise with the applicant, several representations in objection to the application had been withdrawn, however one valid representation in objection to the application remained.

It was noted that the interested party who had made a submission in objection to the application was not in attendance. The panel agreed to proceed in their absence, as per Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005, and took the submission as read.

The applicant’s representative confirmed that the terminal hour in respect of supply of alcohol (for consumption on the premises) had been amended to 21:30hrs Monday to Sunday.

In making their submission, Sumin Ng, representing the applicant, explained that the concerns raised by the objector, in relation to deliveries to the premises, had been addressed by agreement of conditions.

Responding to a question of clarification the applicant’s representative, explained that conditions 8, 9, and 10, agreed with Charlotte Street Association, as set out within the supplementary agenda addressed the concern expressed about deliveries.

Deliberation and Reasons

Panel Members confirmed that they had been able to follow and understand the submissions and discussion in relation to the application in respect of Ning’s Fresh Beef Hotpot and Cantonese Sashimi.

In deliberation, the Panel noted the representations from the Police Responsible Authority and had been withdrawn upon agreement of additional conditions and amendments to the application, demonstrating the applicant’s willingness engage with local residents and the responsible authorities.

Furthermore, the Panel were satisfied that the agreed conditions addressed the concerns raised by the remaining representation.

Therefore, it was

RESOLVED –

THAT the application for a new license under section under section 17 of the Licensing Act 2003 be granted, as follows:

          Sale of alcohol (for consumption on the premises)

          Monday - Sunday:  11:00 – 21:30

With the following conditions:

1)       The sale of alcohol shall only be legitimate whilst the permitted use of the premises for planning purposes remains that of a Restaurant.

2)       There shall be no vertical drinking in the Premises.

3)       Alcohol will only be sold by waiter/waitress service to customers seated at tables.

4)       Alcohol sales will be ancillary to a meal.

5)       Police must be called to all incidents of crime and/or serious disorder.

6)       Off sales of Alcohol are only permitted alongside food orders. Alcohol only sales are not permitted for consumption off the premises.

7)        An incident log shall be kept at the premises, and made available on request to an authorised officer or the Police, which will record the following:

a)  all crimes reported to the venue

b)  all ejections of patrons

c)  any complaints received

d)  any incidents of disorder and violence

e)  all seizures of drugs or offensive weapons

f)    any faults in the CCTV system

g)  any refusal of the sale  ...  view the full minutes text for item 9.

There was none.