Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be agreed.

Apologies for absence had been received from Councillor Mason.

It was noted that the meeting was quorate with 2 members present.

Councillor Cotton declared that the premises in relation to Agenda Item 7 (Ripe Kitchen, 136 Regents Park Road) was in the ward (Camden Town with Primrose Hill) he represented but he had not been involved in any discussion with the applicants or interested parties about the application.

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.

Order of Agenda

The Chair also announced that he had received a request from the applicant’s legal representative in relation to 67 Whitfield Street to change the order of business, as such Agenda Item 9 was heard prior to Agenda Item 8. It was also agreed that Agenda Item 6 minutes was heard after the items of substantive business.

There was no urgent business.

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.

It was noted that neither of the interested parties, that had submitted representations were in attendance at the meeting, therefore their written submissions would be taken as read.

The applicant, Tom Burdon, outlined his application.

Members sought clarification on whether the nearby Streatery was included within the application. Mr Burdon advised that the temporary permission for the Streatery would expire at the end of September and that customers of Ripe Kitchen would not be served alcohol if using the Streatery. Therefore, the Streatery was not included as part of the application.

Responding to a question about vertical drinking, Mr Burdon advised that this was not permitted and would not be allowed to happen. Discussions had taken place with the Police and Interested Parties to alleviate concerns surrounding vertical drinking. Mr Burdon assured the Panel that the café was not going to be turned into a bar and alcoholic drinks would be served to seated customers and ancillary to food and coffees. Furthermore, the premises would close at 9pm.

Mr Burdon, the applicant, made some closing remarks.

Decision and Reasons

Panel Members confirmed that they had been able to follow and understand the submissions and discussion in relation to this application.

In deliberation, Panel Members considered whether the application would contribute to public nuisance, noting that this seemed to be the primary concern amongst interested parties. Members were reassured that no vertical drinking would take place and that alcohol would only be served to those seated in the café, which the panel believed sufficiently alleviated the concerns of the interested parties.

On this basis, the Panel agreed that granting the application, would uphold the licensing objective of the Prevention of Public Nuisance.

RESOLVED –

THAT the application for a new premises licence be granted with the following conditions:

a)    Supply of Alcohol (For consumption on and off the premises)

11:00 – 21:00 Monday to Saturday

11:00 – 20:00 Sunday

Summary of conditions consistent with the operating schedule

1.          The Premises Licence holder shall ensure that all staff are trained in the main principles of the Licensing Act 2003, notably the promotion of the four licensing objectives and specific conditions of the premises licence before being allowed to sell alcohol. All staff will receive refresher training every six months about their responsibilities under the Licensing Act 2003.

2.          Training records will be made available to Police and authorised officers upon request.

3.          The Designated Premises supervisor shall co -operate with reasonable requests made by authorised officers of responsible authorities under the Licensing Act 2003 to ensure that licensing objectives are not undermined.

4.          A CCTV recording system shall be installed, operated and maintained. The system shall incorporate a camera covering the entrance door and be capable of providing an image which is regarded as “identification standard” of all persons entering and/or leaving the premises.  ...  view the full minutes text for item 6.

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 outlined the application and advised that the premises was not in a culminative impact policy area and that one of the representations had been withdrawn, so six valid objections remained, all relating to the prevention of public nuisance. The Panel were advised that the hours for the supply of alcohol had been reduced and new conditions had been agreed.

Jeremy Phillips QC, representing the applicant outlined the amendments to the application. He advised that the hours applied for had changed and were now as follows:

12:00 – 15:00 & 17:00 – 22:00 Monday to Friday

12:00 – 15:00 & 17:00 – 23:00 Saturday

11:00 – 17:00 Sunday

Mr Phillips outlined conditions that had been agreed with the Charlotte Street Association.

Rob Gunn, representing residents on Chitty Street, outlined concerns as set out in his written statement adding that he was pleased that the Sunday hours had been changed and the proposed hours were now satisfactory. However, Mr Gunn remained concerned about the use of the ‘Undercroft’ area.

The applicant Enzo Mirto and Jeremy Phillips QC and Caroline Abbot representing the applicant outlined the application and address some of the concerns of the interested parties, making the following comments:

·       The Undercroft fell outside the of premises, therefore all alcohol consumed in this area would be as off-sales. There would be no more than four tables each with four seats in the area.

·       It would be difficult to predict the level of noise that would be generated by patrons using the area but planning conditions were in place, including the prohibition of audible music. 

·       The Application should be granted and then if the use of the Undercroft generated any noise complaints, interested parties should apply for a review specifically focusing on the provision of off-sales.

·       There were 70 covers within restaurant but only 16 in the Undercroft, this gave customers the option of being outside, but the hours of outside area had been limited to reduce potential disruption.

·       The applicant had another restaurant on Old Street that was very successful, and the operation was highly regarded and professional. It specialised in running artisanal master classes in pasta making. Generally, customers wanted to enjoy a glass of high-quality wine with their food, it was not a place that customers came to get intoxicated. There had been no issue with noisy, drunk customers in the Old Street location.

·       The application had been carefully considered by all the authorities and the Charlotte Street Association, all of whom are satisfied with the application due to the agreed conditions.

·       If there was a problem with the Undercroft area, which was outside of the premises, a review could be called to determine the suitability of off-sales.

·       To prevent patrons leaving the Undercorft area and going to the adjacent park, planters would be used around the curtilage  ...  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 17 of the Licensing Act 2003.

The Licensing Officer provided the Panel with a summary of the application and advised that the premises was within the Culminative Impact Policy Area. She reported that the Police Responsible Authority had withdrawn their representation as the applicant had agreed additional conditions, however nine relevant representations remained, with two from the Licensing and Environmental Health responsible authorities.

Alun Thomas, representing the applicant, outlined amendments to the application as follows:

·       The extension of the hours for licensable activities was time limited, all other variations were permanent.

·       Most amendments had been set out in the Operational Management Plan that had been circulated as part of the supplementary agenda.

·       The wording of condition 15 had been changed to “save for the area hatched black on the plan limited to 35 persons only alcohol may only be consumed by persons seated and taking table meals at the premises. After framework house alcohol must only be served ancillary to a table meal.”

·       Further conditions had also been agreed with the Environmental Health Service.

Responding to points of clarification, the Applicant’s representative provided the following responses: 

·       35 persons can have a drink without a meal in marked area and within the framework hours only, all other patrons must have an alcoholic drink with a meal.

·       The external seating area was included in the premises.

·       The delicatessen area was within the premises and off-sales would only be permitted with a deli food order, therefore the existing previsions in relation to off-sales remained part of the licence.

Julia Peterson, Licensing Enforcement Officer, representing Paru Bhudiaof the Licensing Responsible Authority summarised Ms Bhudia’s written submission. Ms Peterson explained that as the premises fell within the Culminative Impact Policy Area, which meant that there was a presumption to refuse, however if the panel were minded to grant the variation, the Licensing Authority recommended that the premises should not open beyond 00:00hrs and should have conditions added that promoted the licensing objectives. 

Lee Parella, representing the Environmental Health Responsible Authority outlined his representation. Mr Parella advised that negotiations had been ongoing with the applicant and that he had proposed nine additional conditions.

Responding to a question, Mr Parella advised that it was proposed that live music would be inside the venue only, not outside.

Ali Negal, a local resident and interested party, also representing Innes Catto, a local resident, provided an overview of his representation, as stated in his written submission.

David Kaner, representing the Covent Garden Community Association, provided an overview of his representation, as stated in his written submission.

The applicants, Joe Mair and Josh Kirk and Alun Thomas, the applicant’s legal representative, outlined the application and responded to questions by making the following comments:

·       The Premises had been closed for two years, due to the coronavirus pandemic, and was due to reopen in two weeks.

·       130 new  ...  view the full minutes text for item 8.

To approve and sign the minutes of the meeting held on 9^th December 2021.

RESOLVED –

THAT the minutes of the meeting of the Panel held on 9^th December 2021 be approved as a correct record.

There was none.