Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED -

THAT the guidance on remote meetings be agreed.

Apologies had been received from Councillor Richard Olszewski.

There were no declarations.

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 hearing, I would like to remind everyone that this hearing is being broadcast live by the Council to the Internet and can be viewed on our website for at least six months after the hearing.

After that time, webcasts are archived and can be made available on upon request. If you have asked to address the hearing, 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 Panel your contribution will be recorded and broadcast.”

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 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.”

Supplementary Agenda

The Chair stated that since the publication of the main agenda, a supplementary agenda had been published and circulated. Following that, an additional late paper was circulated on 1 February. The additional papers would be summarised by the licensing officer in the relevant item.

There was no urgent business.

To approve the minutes of the meetings held on:

·       24 Nov 2022

·       24 March 2022

·       9 Dec 2021

·       9 Nov 2021

·       26 Aug 2021

RESOLVED -

THAT the minutes of the meetings held on 24 November 2022, 24, March 2022, 9 December 2021, 9 November 2021 and 26 August 2021 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, Sarah Williams, summarised the report. Since publication of the main agenda, additional proposed conditions had been published included within the supplementary agenda. The application was now for a total 27 conditions and an amendment to the end time of operation, moving to 3am from 5am. Since the publication of the main agenda, the following documents had been circulated as part of the supplementary agenda: withdrawal of representations from the Police, Environmental Health and the Local Authority, and a Photo representation (in relation to page 158 of the main agenda). A Crime and Disorder Report was further circulated, submitted by the Agent.

There were no active responsible authority representations, having all withdrawn. There were no interested parties registered to speak.

The Agent, Robert Sutherland, was accompanied by the Applicant, Ryan Burge, and a Crime and Disorder Expert, Jim Sollars. In addition to the papers, the Agent outlined the following:

-       Concerns raised by the responsible authorities has been addressed by the additional conditions and changes to hours

-       The Applicant had met with the Councillor who made a representation, who had spoke on behalf of residents. The Applicant had explained to the Councillor the conversations with the Police, the procedures at the premises, and how dispersals would be conducted. Also, that local residents would have his contact details if any issues were to arise.

-       They believed the other representation, which was anonymous, to be a disgruntled customer.

In response to questions from the Panel, the following was clarified by the Agent:

-       It was confirmed that the Councillor was satisfied to the point he would not attend the hearing to support his representation, but he did not withdraw the representation as he still wanted the Panel to consider his view.

-       The Agent confirmed that condition 25 would mitigate impact of noise disturbance and antisocial behaviour in the surrounding area. He also confirmed there was a wind down procedure to mitigate nuisance.

-       The Applicant became the manager of the premises from December 2020, which was after a high profile incident at the venue during summer 2020. The premises had been developed and improved throughout the lockdowns, which had been recognised by the Police.  The venue was operating on a licence amended through an appeal in 2022. 

-       The premises used to operate as a nightclub, however now it now operated as an upmarket, premium and exclusive bar venue. Through these characteristics, it was expected that patrons would behave well. The Applicant held importance to the upmarket branding of the venue, which the status relied on high operating standards.

-       The Agent explained that there would be one door supervisor per 25 customers, outlined in condition 2, which was a higher proportion to the industry standard of 75-100. Security staff wore a body camera, which also acted as a  ...  view the full minutes text for item 7.

Report of the Executive Director, Supporting Communities.

This is a an application for temporary event notices under Section 100 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for seven temporary event notices under Section 100 of the Licensing Act 2003.

The Licensing Officer, Sarah Williams, summarised the report. Since publication of the main agenda, the following information was included within the supplementary agenda:

-       Submitted by the Agent: Kiss The Sky evidence bundle and Kiss The Sky venue photos.

-       Submitted by Environmental Health: Environmental Health and Agent emails, Noise Officer report, Police report, Police Photos, Warning letter from Environmental Health, and Environmental Health objection.

Lee Perella, Environmental Health Officer responsible authority, summarised his representation and additional papers (page 210 of the main agenda and pages 73-84 of the supplementary agenda). In addition to the written representation, he outlined the following:

-       He believed the venue was looking to operate as a livelier venue than what their conditions allowed. The temporary event notice applications were seeking more flexibility, at an already drinks-led venue. In previous Police visits to the venue, it was clear venue was not operating with their current conditions and demonstrated a lack of knowledge from staff.

-       The only way to assess how affective the recently fitted sound limiting methods would be to carry out an assessment at the adjoining property.

-       The venue was a small premises with no lobby and therefore a greater risk of sound nuisance.

-       Currently, Environment Health were not convinced the application demonstrated the works carried out so far to mitigate noise were fit for purpose for the venue and would prevent further complaints. He stated that if the Panel were minded, they could consider granting one or two notice to allow more time to assess the situation and that the venue was suitable.

The Agent, Luke Elford, was accompanied by the Applicant, Mr Ray. In addition to the papers and application, the Agent outlined the following:

-       The venue was initially marketed to the Applicant as a bar venue. When issues arose following the opening, immediate measures and efforts were put in place to promote the licensing objectives.

-       There were 83 conditions on the current licence. He said this number was extensive and complex for this operation, at points unclear to even an experienced licencing officer, and contradictory in parts.

-       The Police had advised the Applicant to apply for a series of temporary event notices and apply for a new license, which an application had been submitted and would be considered by a panel in due course . No objections had been made by the Police on the temporary event notice applications. Multiple temporary event notices we applied for to allow for business continuity of the venue.

-       The Agent had found communication with Environmental Health not satisfactorily responsive, which included invitations to Environmental Health carry out sound tests. Also, some communication to the Agent had not been sent to the right address.

-       He noted that noise assessments in the adjourning property were taking place within the next few  ...  view the full minutes text for item 8.

There was no urgent business.