Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be noted.

Apologies for absence were received from Councillors Matthew Kirk and Nina de Alya Parker. Councillor Steve Adams attended the meeting as substitute.

It was noted that the meeting was quorate with two Members present.

There were none.

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.

Item 9 – Kazim Efe’s Restaurant

The Chair further announced that the above application had been resolved because the parties had agreed conditions.

There were none.

To approve the minutes of the meeting held on 5^th September 2024.

Consideration was given to the minutes of the meeting held on 5th September 2024.

RESOLVED –

THAT the minutes of the meeting held on 5th September 2024 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 the application for a new premises licence under Section 17 of the Licensing Act 2003.

The Chair informed the hearing that following agreement of conditions both Responsible Authorities – the Police and Licensing Authority had withdrawn their representations. The Chair also confirmed that the Panel members had read all the papers in the agenda pack including all the representations made.

The Licensing Officer introduced the report and clarified that the Police had withdrawn their representation following three additional conditions being agreed and an amendment to condition 5 to include a requirement that a Security Industry Authority (SIA) licensed door supervisor must be employed at the premises on Fridays, Saturdays and Bank Holiday Sundays from 22:00 until closing. The Licensing Responsible Authority had also withdrawn their representation following eight additional conditions having been agreed with the applicant.

Six interested parties had made representations objecting to the application which could be found on pages 87-98 of the agenda. The licencing objectives engaged by the application were the prevention of crime and disorder and the prevention of public nuisance. The premises was not situated in a cumulative impact policy area, the hours policy was engaged by the application in relation to the proposed terminal hours for late night refreshments.

The applicant’s representative, Mark Browning, confirmed that there were no further amendments to the application.

Interested Party, Ms Katie Manuel Butler supported by her mother Dr Rosie Butler Manuel and speaking on behalf of the residents of Quex Mews summarised her representation on page 89 of the agenda. She expressed concerns that the proposed amendment to the opening hours for the premises would cause further disturbance, noise and litter as well as possible threats to the security and safety of residents. This was because the access road and entrance to properties was used by Popeyes for deliveries and bin collection. The residents already had numerous issues with the premises primarily surrounding disposal of rubbish and despite contact with the applicant on a number of occasions the issues had not been resolved.

Ms Butler asked the Panel not to grant an extension to the premises opening hours but that if it were minded to grant the licence a condition should be included on the licence that the premises bins should be collected from Kilburn High Road instead of Quex Mews as was the case for other businesses in the area.

Members asked how often the gates to the residents gated area had been propped open by staff of Popeyes. Ms Butler said that it was a fairly regular occurrence, multiple times a week.

The Applicant’s Representative, Mr Mark Browning accompanied by Gwion Iwan, Operations Director of the company, provided the following information in support of the application:

They acknowledged that the residents had raised concerns in the past about bins being collected from the rear of the premises, through the Mews late in the evening and a solution had been considered.  ...  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.

Consideration was given to a report of the Executive Director, Supporting Communities detailing the application for a new premises licence under Section 17 of the Licensing Act 2003.

The Licensing Officer introduced the report and confirmed that the Police Responsible Authority and the applicant had agreed to include 15 additional conditions which could be found on page 129 of the agenda. It was highlighted that five relevant representations had been received objecting to the application.

The representations could be found on pages 119 to 128 of the agenda. The licensing objectives engaged by the application were the prevention of crime and disorder, the prevention of public nuisance and public safety. The premises was not located within a cumulative impact policy area.

The Applicant confirmed that there were no amendments to the application.

An Interested Party, Paul Golden, addressed the Panel stating that he was representing a number of residents that could not attend the hearing this evening. He summarised his representation which could be found on pages 119 to 120 of the agenda. He expressed concerns about the lack of sound proofing at the venue as he lived directly above the premises and was significantly impacted by noise emanating from the premises below. He also expressed concern with the number of night-time venues and congestion that already existed in the area as well as the excessive noise nuisance into the early hours of the morning coming from these venues.

The Applicant, Mr Itamar Srulovich accompanied by Diana Ionasc made the following representation in support of the application.

The premises was not operating as a bar or a restaurant. There premises operated as a Takeaway Café and Bakery and wanted to sell hampers the intention to sell hampers with bottles of wine, which was high end wine.

It operated as a bookshop and event space at the back of the shop. The applicant had a track record of organising book events part of which included being able to offer alcohol. The nature of retail business these days was that people wanted to have a glass of wine at this type of event and similar premises such as Waterstones had an alcohol licence.

The business was a family business operated by husband and wife and very much engaged with the local community. They cared about the relationship with their neighbours and did a lot to ensure they were an asset to the community.

The existence of another licensed premises with additional CCTV would make the streets quieter and safer and reduce crime.

The conditions agreed with the Police including the operating hours provided residents with assurance that the premises would not operate as a bar and the applicant was prepared to accept further conditions to put the residents mind at ease.

The soundproofing issue had been discussed with the interested party and taken up with the freeholder. The freeholder also owned the entire street and had indicated that the situation at the premises was no different from their other properties which were  ...  view the full minutes text for item 8.

Report of the Executive Director, Supporting Communities.

This is an application to vary a premises licence under section 34 of the Licensing Act 2003.

This application had been resolved.

There was none.

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 XXX 2014 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).