Agenda and minutes

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

The Principal Committee Officer opened the meeting and invited nominations for the election of Chair of the Licensing Panel.

RESOLVED –

THAT Councillor Eddie Hanson be elected Chair of the Panel for the 2024/25 municipal year.

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be agreed.

Apologies were received from Councillor Matt Cooper.

The Chair confirmed  that the hearing was  quorate with 2 members.

There were none.

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 at least six months after the meeting. After that time, webcasts are archived and can be made available on upon request.

If you have asked to address the meeting, you are deemed to be consenting to being filmed and to the use of those images and sound recordings for webcasting and/or training purposes. If you are addressing the Committee your contribution will be recorded and broadcast.”

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 consent to being filmed.

There was none.

To note the terms of reference of Licensing Panels.

RESOLVED –

THAT the Terms of Reference of the Licensing Panel be noted.

To approve the minutes of the meeting held on 25^th April 2024.

Consideration was given to the minutes of the meetings held on 25th April 2024.

RESOLVED –

THAT the minutes of the meeting held on 25^thApril 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 an application for a new premises licence under Section 17 of the Licensing Act 2003.

The Licensing Officer Paru Bhudia summarised the report, highlighting that the applicant had agreed that the number of corporate events  until 2.00am would be capped at a maximum of 6 per year. All other licensed events would  cease  at midnight, and the  Sunday hours were amended to reflect framework hours. The existing premises licence for the  Hospital  Group would be surrendered on the grant of the new licence. The Panel  was also informed that the application did not include  Women’s  Safety principles and that the premises was located within the Seven Dials cumulative impact special policy area.

Steven Dormer, Licensing Authority responsible authority, addressed the Panel and spoke to their written representation.  the licensable activities were more likely to cause disturbances to residents during the night and early morning. The  applicant had proposed a number of measures such as operating a noise management plan for events at the premises, implementing noise limiting technology to keep the noise emanating from the premises to a minimum and operating a policy to manage smoking and vaping outside the premises. Although the approach and measures the applicant had proposed were pleasing to the Licensing Authority, the application was still a departure from two main  policy considerations , the framework hours and the Seven Dials Covent Garden Cumulative Impact Area. Despite the measures offered by the applicant, granting of the licence might still be detrimental to the residents.

In response to a Panel member’s question about the conditions agreed with the applicant, Steven Dormer Licensing Authority Responsible Authority stated that were the licence to be granted the agreed additional conditions would go some way to keep the problems that could arise from the licensed premises to a minimum.

James Hallinan,  interested party who opposed the application, addressed the Panel and spoke to their written representation. The following points were made:

·       The previous Licence holders, Hospital Club inflicted consistent noise nuisance and disturbance on residents and there were concerns that should the new premises licence be granted the same situation would occur.

·       The persistent nuisance inflicted on residents was caused by staff working at the premises leaving via the Endell Street entrance and constant slamming of doors rather than patrons of the club.

·       Once the  licence was granted, there would be no accountability and enforcement of the conditions because the Council would not be able to enforce with the limited resources it had.

·       The premises was a profit-making exercise in an economically vibrant part of Central London, there were numerous nightclubs and restaurants in the area that did not need any further additions of premises operating beyond the normal hours of 11pm.

·       The current operator might be stricter than the previous owners and be able to handle some of these issues, however granting the licence to the early hours of the morning exposed residents to the risk of  ...  view the full minutes text for item 9.

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 Paru Bhudia summarised the report, highlighting that the licensing objectives engaged by the application were the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm. The hours policy was not engaged by the application and the premises was not situated within a special policy area. The application did not include the  Women’s  Safety principles and the premises policies engaged by the application were; restaurants, cafes and coffee houses.

Jeff Kramer, Helena Goldie and Anthony Shackleton interested parties objecting to the application, addressed the Panel and spoke to their written representations. The following points were made:

·       The premises was located on the corner of Burrard Road which was a quiet residential road with no other commercial outlets and the corner of Fortune Green Road which was a very busy road with limited parking. There were no parking restrictions on Burrard Road in the evenings, resulting in lots of competition for parking between residents and non-residents wishing to park in the area.

·       The premises was operating as a café and not a restaurant, the introduction of alcohol changed the nature of the offering and the patrons attending the premises. This had the potential for creating nuisance, disturbance and possible disorder that would have an impact  on residents.

·       The applicant’s proposal to extend opening hours for the premises was the most distressing for residents given the potential for noise disturbance and nuisance to residents particularly families with young children.

·       The premises opening hours should be pushed back to 7pm or 8pm rather than 10.00pm. .

·       The licensing of this premises would not add any benefit to the local area nor was it required and the Panel was urged to refuse the application.

·       About a decade ago the premises was used as a Shisha bar, it opened late into the evening causing a lot of public nuisances to residents. Adding alcohol to this mix had the potential of making the situation even worse.

·       The applicant has provided no clarity on how the premises would operate if the licence  were to be granted as a lot of conflicting information had been provided on the website.

·       There was also concern for women’s safety, particularly for women residents arriving home late in the evening and unable to park near their homes..

In response to a Panel member’s question for  clarification about who owned the previous Shisha Bar licence, the applicant’s agent Kevin Morris stated  that the premises it was under new ownership, it was a new lease and had nothing to do with the previous operator .

Responding to a further question about whether the premises was previously licenced , the Licensing Officer stated  that there was an application called Fortune Green Superstore in 2012 that was partially approved but this licence was subsequently suspended.

Kevin Morris, the  ...  view the full minutes text for item 10.

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 30^th May 2024 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).